NCJ Number: 152056
Title: Money Laundering Forfeitures: Landmark Structuring Case Provides Guidance
Series: BJA Bulletins
Author(s): D C Semesky Jr; C M Taylor
Corporate Author: Police Executive Research Forum (PERF)
Date Published: 1995
Page Count: 12
Sponsoring Agency: Bureau of Justice Assistance
Grant Number: 92-DD-CX-0011
Sale Source: National Institute of Justice/NCJRS
Document: PDF |Text
Type: Training (Aid/Material)
Language: English
Country: United States of America
Annotation: In Ratzlaf v. United States, 1994 WL 4189, 1994 U.S. Lexis (U.S., January 11, 1994), the U.S. Supreme Court clarified the elements of the Federal structuring offense, 31 U.S.C., Sec. 5324; the opinion gives law enforcement officers useful direction for targeting cases, gathering evidence, anticipating defenses, and evaluating the likelihood of prevailing against a claimant in seizure and forfeiture matters.
Abstract: "Structuring" means breaking transactions larger than $10,000 into smaller increments by making multiple deposits or withdrawals or by buying cashiers' checks, money orders, or other monetary instruments for the express purpose of evading the reporting requirements. These reports, required by the Bank Secrecy Act and the Internal Revenue Code, must be filed with the Internal Revenue Service every time a transaction that involves more than $10,000 in cash is conducted with a financial institution. To be convicted of structuring, an individual must knowingly and willfully transact below the $10,000 threshold level, intending to evade the reporting requirements. Based on the U.S. Supreme Court's decision in "Ratzlaf," this article provides guidelines for evidence collection and prosecutorial preparation in a structuring case. The civil forfeiture aspect of structuring is also discussed. This issue of the BJA Bulletin also summarizes recent forfeiture-related decisions in 17 State courts.
Main Term(s): US Supreme Court decisions
Index Term(s): Bank Secrecy Act; Forfeiture; Money laundering
Note: From BJA Bulletin, August 1995, the Asset Forfeiture Series.
To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=152056
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