Inspectors find $1.3M stashed in sleeper compartment - Page 3 - Truckers' Trucking Forum | Message Board

lostNfound · **^ Top** #21 05.17.2008

Quote:

Originally Posted by roadkill439342

It IS illegal to carry over $10K in cash.

Not quite. You can carry as much cash as you like, but unless you can prove otherwise the govenment is going to assume it is ill-gotten gains. You do have to declare if you are carrying more than $10,000 in a negotiable instrument when crossing international borders.

twinturbotrans · **^ Top** #22 05.17.2008

isn't it PITA when you go to your bank and try to take out more than 10k in cash?? ive done it multiple times and everytime it took me more than 20minutes at the lowest, one time they didn't have that much money so i had to go to a different branch to make a withdraw, sometimes it makes me wonder what banks do with your money that sits in your savings.

CMoore2004 · **^ Top** #23 05.17.2008

Almost all of the transfers banks do are only on paper (done electronically). Cashiers' checks, EFT, etc. I've been in the vaults of a few banks and there really isn't that much money in there.

coachmark1 · **^ Top** #24 05.18.2008

Quote:

Originally Posted by Roadmedic

Since when have we been living in a country where you are assumed guilty before a trial. Not that I really believe the money is innocent, but there have been instances where they have seized money and had to return it because it was in fact legal.

You are always assumed guilty before a trial (even though the law states it differently).
I don't agree with the law I posted...I just posted to show people that didn't know that it is in fact against the law. Since it's the law they have the right to seize it in my mind. Ignorance of the law doesn't ever let you walk.

Roadmedic · **^ Top** #25 05.18.2008

Quote:

Originally Posted by coachmark1

You are always assumed guilty before a trial (even though the law states it differently).
I don't agree with the law I posted...I just posted to show people that didn't know that it is in fact against the law. Since it's the law they have the right to seize it in my mind. Ignorance of the law doesn't ever let you walk.

Show me the law. I have no knowledge of it. There is also no law that requires someone to use a bank. Therefore, it cannot be illegal to carry over that amount of money.

The law you posted deals with intent. It has nothing to do with carrying the amount of money.

danc694u · **^ Top** #26 05.18.2008

Quote:

Originally Posted by Roadmedic

Show me the law. I have no knowledge of it. There is also no law that requires someone to use a bank. Therefore, it cannot be illegal to carry over that amount of money.

The law you posted deals with intent. It has nothing to do with carrying the amount of money.

Case Law only. And generally used "against" foriegn nationals who bring it into the counrty. But, it can be applied to US Citizens at any time.

Quote:

Federal Appeals Court: Driving With Money is a Crime
Eighth Circuit Appeals Court ruling says police may seize cash from motorists even in the absence of any evidence that a crime has been committed.

A federal appeals court ruled yesterday that if a motorist is carrying large sums of money, it is automatically subject to confiscation. In the case entitled, "United States of America v. $124,700 in U.S. Currency," the U.S. Court of Appeals for the Eighth Circuit took that amount of cash away from Emiliano Gomez Gonzolez, a man with a "lack of significant criminal history" neither accused nor convicted of any crime.

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

There is a desenting statement on the link. Along with the actual case ruling link.

Roadmedic · **^ Top** #27 05.18.2008

Quote:

Originally Posted by danc694u

Case Law only. And generally used "against" foriegn nationals who bring it into the counrty. But, it can be applied to US Citizens at any time.

There is a desenting statement on the link. Along with the actual case ruling link.

True, but in each case, the state is open to litigation of the loss of money when intent cannot be determined or found.

danc694u · **^ Top** #28 05.18.2008

Quote:

Originally Posted by Roadmedic

True, but in each case, the state is open to litigation of the loss of money when intent cannot be determined or found.

Well that's true, this guy argued it to the Federal Appellate Court. Any idea what that cost?

I suspect he lost $200k or more in the end.

Actually, he should have never appealed it. FEDERAL Law is very clear about the transport of large sums of money being brought into the country. Declare it, or be prepared to lose all of it.

Roadmedic · **^ Top** #29 05.18.2008

Quote:

Originally Posted by danc694u

Well that's true, this guy argued it to the Federal Appellate Court. Any idea what that cost?

I suspect he lost $200k or more in the end.

Actually, he should have never appealed it. FEDERAL Law is very clear about the transport of large sums of money being brought into the country. Declare it, or be prepared to lose all of it.

You hit the key. Declare it when crossing borders.

I am talking about just when you drive through the country. There is no law requiring someone to use a bank.

danc694u · **^ Top** #30 05.18.2008

Quote:

Originally Posted by Roadmedic

You hit the key. Declare it when crossing borders.

I am talking about just when you drive through the country. There is no law requiring someone to use a bank.

You're correct. There is no law that prevents it. But, there is no law that protects it from being seized, without cause, pending further investigation.

The assumption, is guilt.

I would worry more about the police seizing my large sum of money. Before I worried about being robbed.

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