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In reply to the discussion: Dennis Hastert aside, it shouldn't be a crime to take your own money out of the bank [View all]NutmegYankee
(16,483 posts)52. You would be wrong.
http://www.nytimes.com/2015/05/01/us/politics/rules-change-on-irs-seizures-too-late-for-some.html
http://dailysignal.com/2015/05/14/federal-government-to-return-107702-irs-seized-from-north-carolina-convenience-store-owner/
Under a subset of civil asset forfeiture laws that regulates cash deposits, the government can seize money from those accused of structuring violations, as it did in McLellans case.
.......
Following media coverage of several high profile cases involving Americans who unknowingly committed structuring violations and had money seized, the Internal Revenue Service announced last year it would only pursue structuring violations in instances where the money was tied to a crime.
In March, the Department of Justice followed suit.
In court filings, Walker stated that though the policy change is not retroactive, the government would no longer pursue the case.
Explanations don't matter. Apologies for the second link - it's from a Google search.
Mr. McLellans money was seized under a subset of civil forfeiture law that governs cash deposits under $10,000, the threshold at which a bank is required to report the transaction to the government. But limiting deposits to less than $10,000 to evade the reporting requirement, known as structuring, is illegal in its own right. Structuring seizures have ballooned in recent years as law enforcement task forces comb through hundreds of thousands of bank reports, often using warrants based on nothing more than a pattern of deposits. The I.R.S. alone made 639 structuring seizures in 2012, up from 114 in 2005.
.......
During a congressional hearing in February, Representative George Holding, a Republican from North Carolina, referred to Mr. McLellans case, saying no crime other than structuring had been alleged. If that case exists, then its not following the policy, John Koskinen, the commissioner of the I.R.S., said.
But the prosecutor on the case, Steve West, was unmoved. Notified of the hearing by Mr. McLellans lawyer at the time, he responded with concern that the seizure warrant in the case, filed under seal but later given to Mr. McLellan, had been handed over to a congressional committee, according to an email exchange provided to The New York Times by the Institute for Justice, a libertarian public interest law firm that has taken over the case.
Your client needs to resolve this or litigate it, Mr. West wrote. But publicity about it doesnt help. It just ratchets up feelings in the agency. He concluded with a settlement offer in which the government would keep half the money.
.......
During a congressional hearing in February, Representative George Holding, a Republican from North Carolina, referred to Mr. McLellans case, saying no crime other than structuring had been alleged. If that case exists, then its not following the policy, John Koskinen, the commissioner of the I.R.S., said.
But the prosecutor on the case, Steve West, was unmoved. Notified of the hearing by Mr. McLellans lawyer at the time, he responded with concern that the seizure warrant in the case, filed under seal but later given to Mr. McLellan, had been handed over to a congressional committee, according to an email exchange provided to The New York Times by the Institute for Justice, a libertarian public interest law firm that has taken over the case.
Your client needs to resolve this or litigate it, Mr. West wrote. But publicity about it doesnt help. It just ratchets up feelings in the agency. He concluded with a settlement offer in which the government would keep half the money.
http://dailysignal.com/2015/05/14/federal-government-to-return-107702-irs-seized-from-north-carolina-convenience-store-owner/
Under a subset of civil asset forfeiture laws that regulates cash deposits, the government can seize money from those accused of structuring violations, as it did in McLellans case.
.......
Following media coverage of several high profile cases involving Americans who unknowingly committed structuring violations and had money seized, the Internal Revenue Service announced last year it would only pursue structuring violations in instances where the money was tied to a crime.
In March, the Department of Justice followed suit.
In court filings, Walker stated that though the policy change is not retroactive, the government would no longer pursue the case.
Explanations don't matter. Apologies for the second link - it's from a Google search.
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Dennis Hastert aside, it shouldn't be a crime to take your own money out of the bank [View all]
DefenseLawyer
May 2015
OP
Ah, so you are pro-money laundering. And this has been true for longer than the Patriot Act.
KittyWampus
May 2015
#2
How about reading when bt he Patriot was passed. The rule of reporting transactions over
Thinkingabout
May 2015
#33
All we have to do is end the disastrous and phony Drug War and we will get back our rights that
sabrina 1
May 2015
#31
It wasn't the Patriot Act that mandated reporting large cash withdrawals.
The Velveteen Ocelot
May 2015
#6
No, "structuring" is a crime that doesn't in any way require that money is used for a "criminal act"
DefenseLawyer
May 2015
#40
When queried as to what you did with the money, tell them. End of story if legit
on point
May 2015
#42
It shouldn't be considered structuring, because the intent is not to evade reporting.
strategery blunder
May 2015
#55
I once need $400.00 cash on a weekend and the grocery store was closer to the ATM
DemocratSinceBirth
May 2015
#14
Precisely. I had to call the Fraud Department to get the freeze removed.
DemocratSinceBirth
May 2015
#29
Why should a report be files that I am depositing or taking out my money??? I would be pissed if
Pisces
May 2015
#19
If I sell some jewelry and furniture in my house and go deposit 11k in my account. I don't think I
Pisces
May 2015
#60
This is why there isn't as much outcry. I'll bet it would be just as easy to track anomalies within
Pisces
May 2015
#20
If you were at a bank and a man was depositing his $1,000.00 pay check every week
DemocratSinceBirth
May 2015
#24
And where is the law that says it is a crime to take your money out of the bank? Citation please.
Bluenorthwest
May 2015
#23
To a statistical slant on this; the Russian mob is nearly a $1 TRILLION empire, with about $200
Exilednight
May 2015
#48