General Discussion
In reply to the discussion: Denny Hastert is Contemptible, But His Indictment Exemplifies America’s Over-Criminalization [View all]yellowcanine
(36,777 posts)What were the payments for? Was he paying somebody for working for him, for example and avoiding withholding income and SS taxes? Or is he flat out giving large sums of money to someone and not reporting it to the IRS, thus enabling that person to avoid taxes? Is he supporting terrorists? If some is hiding large cash transactions, it raises questions. It was legitimate for the Feds to ask him about the transactions. If he really had been just hiding the cash under the mattress there would have been no problem. But he lied about that so suddenly there is a problem. He could have hid behind the 5th Amendment and then the Feds would have had to prove their case or let him go. But since he lied they have him on that.
FWIW I don't think that withdrawing smaller than $10,000 from the bank to avoid the reporting requirement should be a crime at all.
In fact I don't think there should be a reporting requirement for withdrawing large sums. The bank has the records of the transactions. If the Feds have probable cause they can go to a judge and get a subpoena for the records. Paying large sums in cash to an individual could be that probable cause but the Feds should still have to present what evidence they have to a judge. Denny slit his own throat by putting the financial reporting requirements into the Patriot Act. There is some sweet justice in that I guess.