Denny Hastert is Contemptible, But His Indictment Exemplifies America’s Over-Criminalization

[Jim Lane]

33. The reporting requirements aren't some form of entrapment.

I have no problem with "reporting requirements which end up catching a lot of individuals who just happen to have to work with large sums of cash...." You just give the financial institution your SSN and know that a report is being filed: "On June 4, he came to our bank and withdrew $40k in cash." No big deal.

If instead you go to the bank on consecutive days and withdraw $9k, $9k, $9k, $9k, and $4k, so as to evade the reporting requirement, then you've committed a felony. Just don't do that and you'll be fine.

I've also had the experience that a bank official gets nervous and asks me why I'm dealing in large amounts of cash. The bank doesn't want the government to accuse them of helping a drug dealer launder money or whatever. In my case, it was a minor inconvenience. It took me a few minutes to pull together copies of the paperwork related to the legitimate business dealings that were going on. I brought the documentation to the bank. The bank officer reviewed it and pronounced himself satisfied. Problem solved.

I agree with Greenwald's general point about overcriminalization but I think these particular laws make sense.