Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

NutmegYankee

(16,483 posts)
52. You would be wrong.
Sat May 30, 2015, 08:28 PM
May 2015
http://www.nytimes.com/2015/05/01/us/politics/rules-change-on-irs-seizures-too-late-for-some.html

Mr. McLellan’s 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. McLellan’s case, saying no crime other than structuring had been alleged. “If that case exists, then it’s 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. McLellan’s 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 doesn’t 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 McLellan’s 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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Currency Transaction Reports have been around a lot longer than Laura PourMeADrink May 2015 #1
And $10,000 was a lot more back then. MH1 May 2015 #17
That is true! DawgHouse May 2015 #61
One less thing to be annoyingly tested on every year. arcane1 May 2015 #51
Ah, so you are pro-money laundering. And this has been true for longer than the Patriot Act. KittyWampus May 2015 #2
Pro money laundering Jesus Malverde May 2015 #21
Are you really a defense attorney? Thinkingabout May 2015 #3
Read the USA Patriot Act, just for fun. DefenseLawyer May 2015 #12
How about reading when bt he Patriot was passed. The rule of reporting transactions over Thinkingabout May 2015 #33
So I recently redid my kitchen yeoman6987 May 2015 #56
You don't have to report it, the banking industry does it for you. Thinkingabout May 2015 #58
Thank you. yeoman6987 May 2015 #62
Only applies to cash not checks MichMan May 2015 #67
This message was self-deleted by its author tammywammy May 2015 #71
Yet another legacy of the "War on Drugs" CanonRay May 2015 #4
Yes, but maybe you think its a good thing when Historic NY May 2015 #9
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
Supply and demand, cut off the demand and the supply withers. Historic NY May 2015 #32
A guy I know owned a nightclub in Miami in the late 70d, early 80s. AngryAmish May 2015 #36
+++ I agree nt newfie11 May 2015 #5
It wasn't the Patriot Act that mandated reporting large cash withdrawals. The Velveteen Ocelot May 2015 #6
Speaking of tax evasion.. IphengeniaBlumgarten May 2015 #15
It wasn't a gift jberryhill May 2015 #27
They also have to report putting more than 10K into a bank treestar May 2015 #7
10K in 1970 is the equivalent of about 60K now Gormy Cuss May 2015 #16
It isn't. It is a crime to use your money for criminal acts. on point May 2015 #8
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
Not necessarily strategery blunder May 2015 #45
not structuring MichMan May 2015 #50
You would be wrong. NutmegYankee May 2015 #52
It shouldn't be considered structuring, because the intent is not to evade reporting. strategery blunder May 2015 #55
I don't want the government snooping around my bank records... DemocratSinceBirth May 2015 #10
Just a couple is enough MichMan May 2015 #13
I once need $400.00 cash on a weekend and the grocery store was closer to the ATM DemocratSinceBirth May 2015 #14
Card got shut off? n/t Wilms May 2015 #28
Precisely. I had to call the Fraud Department to get the freeze removed. DemocratSinceBirth May 2015 #29
All I had to do was try to pay for dinner while out of town. Wilms May 2015 #30
your bank got suspicious and shut off the card? Liberal_in_LA May 2015 #57
Most stores offer cash back, but up to $50.. SoCalDem May 2015 #66
People are funny sometimes MichMan May 2015 #11
Why should a report be files that I am depositing or taking out my money??? I would be pissed if Pisces May 2015 #19
Been the law for decades MichMan May 2015 #22
Money laundering, it is a crime. Thinkingabout May 2015 #59
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
Meh. peecoolyour May 2015 #18
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
Your hypothetical isn't suspicious because it's a check. Jim Lane May 2015 #37
I always wondered how folks launder their money... DemocratSinceBirth May 2015 #38
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
Denny got hoisted by his own petard! yortsed snacilbuper May 2015 #25
It isn't a crime to take your own money out of the bank DFW May 2015 #26
Back in the '80s I worked for a small non-profit. Igel May 2015 #34
And a good accountant nadinbrzezinski May 2015 #35
Our credit union questioned our deposits EVERY TIME Holly_Hobby May 2015 #39
I don't understand this knee-jerk response of "Government is evil!" randome May 2015 #41
It isn't, and the Patriot Act has nothing to do with it frazzled May 2015 #43
Oh, how dis howwid and twadjick tale bwakes my widdle heart! struggle4progress May 2015 #44
Hey! Pederasts have rights, too! randome May 2015 #46
Agreed. NaturalHigh May 2015 #47
To a statistical slant on this; the Russian mob is nearly a $1 TRILLION empire, with about $200 Exilednight May 2015 #48
I agree completely. nt hifiguy May 2015 #49
I can only wish I had this problem, but alas, 'twas not to be. libdem4life May 2015 #53
It shouldn't be a crime to transport your own money in a wad of cash, either Warpy May 2015 #54
I didn't realize that you had to report withdrawals at all. DawgHouse May 2015 #63
I don't know that "you" do, but the bank does (nt) Recursion May 2015 #69
Ah, yes. They have their own reporting regulations. DawgHouse May 2015 #70
I agree.nt m-lekktor May 2015 #64
If you do not put it in the bank no one's the wiser SoCalDem May 2015 #65
And it's still not a crime, is it? (nt) Recursion May 2015 #68
Latest Discussions»General Discussion»Dennis Hastert aside, it ...»Reply #52