Structuring Transactions to Evade Reporting Requirements

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US-5THCIR-CR-2-104
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Structuring Transactions to Evade Reporting Requirements
Structuring transactions to evade reporting requirements is a form of financial fraud in which an individual or business attempts to avoid payment of certain taxes by breaking up financial transactions into smaller amounts. This activity is also known as surfingng” due to the practice of using multiple people, or “smurfs”, to buy multiple items in amounts below the reporting threshold. Structuring is illegal and can be prosecuted both civilly and criminally. Types of Structuring Transactions to Evade Reporting Requirements include: 1. Bank Deposits: Breaking up a large cash deposit into smaller amounts to avoid the reporting requirements for deposits over a certain threshold. 2. Structured Withdrawals: Breaking up a large withdrawal into smaller amounts to avoid the reporting requirements for withdrawals over a certain threshold. 3. Money Transfers: Breaking up a large money transfer or wire transfer into smaller amounts to avoid the reporting requirements for transfers over a certain threshold. 4. Cash Purchases: Breaking up a large cash purchase into smaller amounts to avoid the reporting requirements for purchases over a certain threshold.

Structuring transactions to evade reporting requirements is a form of financial fraud in which an individual or business attempts to avoid payment of certain taxes by breaking up financial transactions into smaller amounts. This activity is also known as surfingng” due to the practice of using multiple people, or “smurfs”, to buy multiple items in amounts below the reporting threshold. Structuring is illegal and can be prosecuted both civilly and criminally. Types of Structuring Transactions to Evade Reporting Requirements include: 1. Bank Deposits: Breaking up a large cash deposit into smaller amounts to avoid the reporting requirements for deposits over a certain threshold. 2. Structured Withdrawals: Breaking up a large withdrawal into smaller amounts to avoid the reporting requirements for withdrawals over a certain threshold. 3. Money Transfers: Breaking up a large money transfer or wire transfer into smaller amounts to avoid the reporting requirements for transfers over a certain threshold. 4. Cash Purchases: Breaking up a large cash purchase into smaller amounts to avoid the reporting requirements for purchases over a certain threshold.

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FAQ

For example, if someone has $50,000 in cash to deposit in their bank, should they choose to deposit it through five deposits of $9,999 and one deposit of $5, with the intent to avoid the reporting requirement, they have committed the crime of structuring.

A structured transaction is a series of transactions broken up from a larger sum in order to avoid reporting requirements under the Bank Secrecy Act (BSA), which requires financial institutions to report all transactions of $10,000 or more.

A "structured transaction" is a series of related transactions that could have been conducted as one transaction, but the financial institution and/or the transactor intentionally broke it into several transactions for the purpose of circumventing the reporting requirements of the Bank Secrecy Act (BSA).

31 USC § 5324 defines structuring as a way of organizing large cash transactions into smaller deposits or payments in order to evade one's reporting requirements; causing or attempting to cause a financial institution to fail to perform its reporting requirements; obstructing or attempting to obstruct a business in

A "structured transaction" is a series of related transactions that could have been conducted as one transaction, but the financial institution and/or the transactor intentionally broke it into several transactions for the purpose of circumventing the reporting requirements of the Bank Secrecy Act (BSA).

Structuring and smurfing examples Let's say that someone has $90,000 in cash. If they want to avoid reporting requirements, they can split this into 10 transactions of $9,000. This is an example of structuring. Remember, structuring transactions in this way is illegal.

In order to show that a person is guilty of structuring to avoid having a bank file a Currency Transaction Report (CTR) with the IRS, the government must prove three elements: (1) the defendant (or a claimant in a civil forfeiture case) must have engaged in acts of structuring cash desposits or withdrawals at a

More info

If you attempt to structure a transaction to evade this requirement, it violates federal law under Title 31 U.S. Code 5324. 31 U.S.C. 5324 - Structuring transactions to evade reporting requirement prohibited.View the most recent version of this document on this website. § 5324 acted for the purpose of evading the CTR reporting requirements. To evade the CTR reporting requirement, John and Jane structure their transactions using different accounts. § 103. 31 U.S.C. § 5324 - U.S. Code - Unannotated Title 31. Money and Finance § 5324. Structuring transactions to evade BSA reporting and certain recordkeeping requirements can result in civil and criminal penalties under the BSA. —Whoever violates this section shall be fined in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both.

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Structuring Transactions to Evade Reporting Requirements