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Jury Instruction - Evading Currency Transaction Reporting Requirement...

Cuyahoga Ohio Jury Instruction - Evading Currency Transaction Reporting Requirement While Violating Another Law By Structuring Transaction

Name: Cuyahoga Ohio Jury Instruction - Evading Currency Transaction Reporting Requirement While Violating Another Law By Structuring Transaction
Brand: US Legal Forms
Rating: 4.69 (255 reviews)

Category:

Federal - Jury Instructions - Offenses Instructions

State:

Multi-State

County:

Cuyahoga

Control #:

US-11CRO-85

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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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

Structuring is a strategy used by businesses that are attempting to evade taxes by hiding large amounts of cash. With structuring, companies deposit smaller amounts of cash to avoid automatic reporting by the bank to the government.

The IRS and the DOJ will pursue cash structuring cases. Avoid knowingly trying to skirt the $10,000 reporting rule. In a cash structuring case, the government must show that the taxpayer knows the rules and knowingly structures their transactions to avoid the reporting.

Money Laundering - Illegal Structuring. Defendant is charged with violating that portion of the federal money laundering statute that prohibits structuring transactions to avoid reporting requirements. It is against federal law to engage in such conduct.

IRS Definition of Structuring A person acting alone, in conjunction with others, or on behalf of others. Conducts or attempts to conduct. One or more transactions in currency. In any amount. At one or more financial institutions.

Structuring is a felony offense and the punishments can be severe. Penalties include monetary fines, imprisonment of up to 10 years, or both.

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.

Structuring is illegal regardless of whether the funds are derived from legal or illegal activity. The law specifically prohibits conducting a currency transaction with a financial institution in a way to circumvent the currency transaction reporting requirements.

Structured transactions may be discovered during: A BSA examination. A Form 8300 examination conducted under Title 26. An income tax examination.

Interesting Questions

The purpose of the Cuyahoga Jury Instruction is to educate jurors about the relevant laws, definitions, and legal standards involved in cases pertaining to evading currency transaction reporting requirements while violating another law through the structuring of transactions. It helps ensure that jurors have a clear understanding of the charges and considerations they need to evaluate during the trial.

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Cuyahoga Ohio Jury Instruction - Evading Currency Transaction Reporting Requirement While Violating Another Law By Structuring Transaction

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How do you prove structuring?

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Is structuring money illegal?

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