Fill and Sign the 4267 Bank Secrecy Act Penaltiesinternal Revenue Service Form

85 Evading Currency Transaction Reporting Requirement (While Violating Another Law) By Structuring Transaction 31 USC §§ 5322(b) and 5324(3) Title 31, United States Code, Sections 5322(b) and 5324(3) make it a Federal crime or offense for anyone, under certain circumstances, to knowingly evade a currency transaction reporting requirement. With respect to currency transaction reporting requirements, Title 3 1, United States Code, Section 5313(a), and the regulations of the Treasury Department under that section, require domestic financial institutions and banks (with certain stated exceptions) to file reports with the Government, called Currency Transaction Reports, Form 4789, disclosing all deposits, withdrawals, transfers or payments involving more than $10,000 in cash or currency. So, the Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant had knowledge of the currency transaction reporting requirements; Second: That with such knowledge, the Defendant knowingly and willfully structured or assisted in structuring a currency transaction; Third: That the purpose of the structured transaction was to evade the transaction reporting requirements; [and] Fourth: That the structured transaction involved one or more domestic financial institutions; [and] [Fifth: That the currency transaction with the domestic financial institutions was in furtherance of another violation of federal law] To " structure" a transaction means to deposit or withdraw or otherwise participate in the transfer of a total of more than $10,000 in cash or currency by or through a financial institution or bank by setting up or arranging a series of separate transactions, each involving less that $10,000 individually, thereby intentionally evading the currency reporting requirements that would have applied if the transaction had not been so structured. ANNOTATIONS AND COMMENTS 31 USC § 53 13 (a) provides: (a) When a domestic financial institution is involved in a transaction for the payment, receipt , or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes), in an amount, denomination, or amount and denomination, or under circumstances the Secretary prescribes by regulation, the institution and any other participant in the transaction the Secretary may prescribe shall file a report on the transaction at the time and in the way the Secretary prescribes. A participant acting for another person shall make the report as the agent or bailee of the person and identify the person for whom the transaction is being made. 31 USC § 53224(a)(3) and (c)(2) provides: (a) Domestic coin and currency transactions. No person shall for the purpose of evading the reporting requirements of section 531 3(a) or 53 25 or any regulation prescribed under any such section * (3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions. (c) Criminal penalty. (1) In general. Whoever violates this section shall be fined in accordance with title 1 8 United States Code, imprisoned for not more than 5 years, or both. (2) Enhanced penalty for aggravated cases. Whoever violates this section while violating another law of the United States shall be fined twice the amount provided in subsection (b)(3 ) (as the case may be) of section 3571 of t it le 1 8, United States Code, imprisoned for not more than 10 year, or both. See Ratzlaf v. United States, 510 U. S. 135, 11 4 S.Ct. 65 5, 12 6 L.Ed.2 d 615 (19 94), the Government must prove that the Defendant knew that the structuring was unlawful.