Well see look at it this way Bitinstant is a money transfer service. You give them money they give someone else money.
Money Services Business - The term "money services business" includes any person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities:

(1) Currency dealer or exchanger.
(2) Check casher.
(3) Issuer of traveler's checks, money orders or stored value.
(4) Seller or redeemer of traveler's checks, money orders or stored value.
(5) Money transmitter.  <<<<<<<<<<<<--------------------- That is what makes bitinstant
(6) U.S. Postal Service.