I can't remember off hand how it's written. I know when we search and find a duffell bag full of cash that no one in the vehicle know's anything about there is a procedure we do. I'll look it up today and see what exactly it is. It's been a while since I had a large cash seizure.
Can DOT Highway patrols search your truck
Discussion in 'Trucking Industry Regulations' started by Landstar2206, Jun 5, 2010.
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It's been a while since I had a seizure resulting from large cash amounts! The casino poker rooms aren't the easy pickings they were 20 years ago!dieselbear Thanks this. -
Federal Criminal Law Statutes (Title 18 sections 1956 & 1957, United States Code)
"Money laundering" as it is commonly called, involves the transfer of monies that are a product of criminal activity whether that activity is drug trafficking related or white collar crime related. Although there is a fairly broad definition of money laundering, the federal money laundering laws were enacted to attempt to take the profit out of criminal activity.
Congress has passed several laws over the years to prevent profits of criminal activity from being utilized, such as Currency Transaction Reports. The Anti-Money Laundering Statutes criminalizes the movement and use of profits/wealth created by criminal activity. See Title 18, United States Code, Sections 1956 and 1957.
Many people have concerns about these statutes, included the apparently broad application of these statutes, especially concerns about reaching into legitimate business activities. A common example of this concern is a scenario where an individual or business handles money with no knowledge of any criminal origin, which could result in prosecution for money laundering in federal court.
>br> In summary, the government has to prove that a person knowingly made some transfer or transaction with monies that were proceeds of a specified unlawful activity. The two commonly used statutes in federal courts, 18, U.S.C., Sections 1956 and 1957, list the specified unlawful activities that are the basis for federal money laundering. Money laundering that is often used in federal prosecutions and that is considered the consummate money laundering statute, is 18, U.S.C., Section 1956, shown here:
§ 1956. Laundering of Monetary Instruments
(a)
(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity
(A)
(i) with the intent to promote the carrying on of specified unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in part
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both.
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States
(A) with the intent to promote the carrying on of specified unlawful activity; or
(B) knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both. For the purpose of the offense described in subparagraph (B), the defendants knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, and the defendants subsequent statements or actions indicate that the defendant believed such representations to be true.
(3) Whoever, with the intent
(A) to promote the carrying on of specified unlawful activity;
(B) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
(C) to avoid a transaction reporting requirement under State or Federal law,
conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both. For purposes of this paragraph and paragraph (2), the term represented means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.
(b) Penalties.
(1) In general. Whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of
(A) the value of the property, funds, or monetary instruments involved in the transaction; or
(B) $10,000.
(2) Jurisdiction over foreign persons. For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and
(A) the foreign person commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States;
(B) the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or
(C) the foreign person is a financial institution that maintains a bank account at a financial institution in the United States.
(3) Court authority over assets. A court described in paragraph (2) may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section. -
What I do see is the possible "assumption" that such quantities of cash had to have been obtained illegally and can be confiscated until a person proves their innocence.
Innocent until proven quilty is a concept that the Federal government (the IRS in particular) tosses aside at their convenience.
Thanks for the info though.joshuapowell61 and Adieu Thank this. -
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LMAOjoshuapowell61 Thanks this. -
The very large denomination bills were called gold certificates IIRC.
I still have a few old 1 and 2 dollar silver cerificate dollars that my grandpa gave me. Blue ink instead of green. -
http://en.wikipedia.org/wiki/Large_denominations_of_United_States_currency
Kinda off the topic but I like reading about the old big bill money.
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