Notes of Decisions
Ratzlaf v. United States, 510 U.S. 135 (1994).
· cites it 11× “Based on this endeavor, Ratzlaf was charged with "structuring transactions" to evade the banks' obligation to report cash transactions exceeding $10,000; this conduct, the indictment alleged, violated 31 U. S. C. §§ 5322 (a) and 5324(3). The trial judge instructed the jury that…”
United States v. Usama Sadik Ahmed Abdel Whab, 355 F.3d 155 (2d Cir. 2004).
· cites it 6× “In discussing the boundaries of criminal liability under § 1001, we noted: Arguably, to violate Section 1001, a person must know that it is unlawful to make such a false statement.”
United States v. St. Michael's Credit Union & Janice Sacharczyk, 880 F.2d 579 (1st Cir. 1989).
· cites it 9× “A failure to file a CTR may be prosecuted as a felony when the omission occurs “while [the defendant is] violating another law of the United States, or as part of a pattern of illegal activity involving transactions of more than $100,000 in a 12-month period.”
United States v. Michael David Alston, 77 F.3d 713 (3rd Cir. 1996).
· cites it 13× “At all times relevant to this appeal, 31 U.S.C. § 5322 (a) provided criminal penalties only for "willful” violations of § 5313 or 5324.”
United States v. Bank of New England, N.A., 821 F.2d 844 (1st Cir. 1987).
· cites it 6× “3 The Act imposes felony liability when a bank willfully fails to file such reports “as part of a pattern of illegal activity involving transactions of more than $100,000 in a twelve-month period____” 31 U.S.C. § 5322 (b). I. THE ISSUES The Bank was found guilty of having failed…”
United States v. Est. of Schoenfeld, 344 F. Supp. 3d 1354 (M.D. Fla. 2018).
· cites it 5× “See Section 5321 ; 31 U.S.C. § 5322 . The Secretary delegated authority to the Internal Revenue Service ("IRS") to impose criminal penalties, and to the Director of the Financial Crimes Enforcement Network ("FinCEN"), a bureau of the Treasury, to impose civil penalties.”
Sandra Cortez v. Trans Union, 617 F.3d 688 (3rd Cir. 2010).
· cites it 2× “§ 1906 (maximum fine of $10,000,000 for willful violation of laws governing international narcotics trafficking); see also 31 U.S.C. § 5322 (maximum fine of $250,000 for willful violation of the USA PATRIOT Act, including 31 U.”
Aversa v. United States, 99 F.3d 1200 (1st Cir. 1996).
· cites it 3× “a memorandum opinion ruling on Aversa’s and Mento’s post-conviction motions, 3 the judge noted that the government had admitted that Aversa and Mentó were “not involved in drugs and not laundering ill-gotten gains and not keeping information from the United States,” and found…”
Nir Goldeshtein v. Immigr. & Naturalization Serv., 8 F.3d 645 (9th Cir. 1993).
· cites it 4× “5 The penalties for “willfully violating” this provision are set forth in 31 U.S.C. § 5322 (b) (1988). Thus, the language of these statutes does not make intent to defraud the government an essential element of the offense.”
United States v. London, 66 F.3d 1227 (1st Cir. 1995).
· cites it 5× “Jury Instructions Regarding London’s Failure to File CTRs London argues that we should vacate his convictions for failing to file CTRs because the district court erroneously informed the jury that London could be convicted of the “willful” violation proscribed by 31 U.S.C. §…”
United States v. Wells, 519 U.S. 482 (1997).
· cites it 2× “§ 1268 (g) (penalizing false statement in documents required by Federal program or Federal Lands program regarding surface mining); 31 U. S. C. § 5322 (penalizing willful violations of subchapter); 33 U.”
United States v. Murad Nersesian, 824 F.2d 1294 (2d Cir. 1987).
· cites it 2× “One count charging Maktabi with unlawful transportation of monetary instruments in violation of 31 U.S.C. § 5322 (a) was dismissed. The charges for which each defendant was indicted, the dispositions of those charges, and the sentences imposed are also set forth in an appendix…”
United States v. William MacPherson, 424 F.3d 183 (2d Cir. 2005).
· cites it 2× “877,1000,1081 (codified as amended at 31 U.S.C. § 5322 (a) (1994))). This court construed this willfulness ele *189 ment to require proof that a defendant, with knowledge of the reporting requirement imposed by law, structured a currency transaction “intending] to deprive the…”
United States v. Ronald Bencs, 28 F.3d 555 (6th Cir. 1994).
· cites it 3× “Finally, Bencs was charged with two instances of structuring financial transactions to avoid the cash transaction reporting requirements, 31 U.S.C. § 5322 (counts 16-17). Gross pled guilty to two counts of the indictment, and did not testify at trial.”
United States of Am., in No. 92-7174 v. Ronald P. Shirk, in No. 92-7123, 981 F.2d 1382 (3rd Cir. 1993).
· cites it 5× “” Willful violations of section 5324(3) are made criminally punishable by 31 U.S.C. § 5322 (a), (b). Shirk contends that the inadequacy of the proof against him stems from the Government’s mistaken interpretation of what constitutes a structured “transaction” under the…”
United States v. Neil Roger Beidler, 110 F.3d 1064 (4th Cir. 1997).
· cites it 2× “” 31 U.S.C. § 5322 (a), (b) (1988) (providing for the imposition of penalties upon “[a] person willfully violating” the antistructuring laws).”
United States v. Ramon J. Vazquez, 53 F.3d 1216 (11th Cir. 1995).
· cites it 3× “31 U.S.C.A. § 5322 (West Supp.1994). 2 This anti-structuring law “aims to prevent people from either causing a bank to fail to file a required report or defeating the government’s efforts to identify large cash transactions by splitting up a cash hoard in a manner that avoids…”
United States v. James M. Gabriel, Gerard E. Vitti, 125 F.3d 89 (2d Cir. 1997).
· cites it 3× “In Ratzlaf , the Supreme Court held that the term “willfully,” as used in 31 U.S.C. § 5322 , established that the government was required to prove that a defendant knowingly violated the law.”
United States v. Sidney Francis Mourning, 914 F.2d 699 (5th Cir. 1990).
· cites it 3× “” 31 U.S.C. § 5322 (a). Section 5322(b), to which Mourning pleaded guilty, provides in pertinent part that “[a] person willfully violating this subchapter or a regulation prescribed under this subchapter .”
United States v. Kwong Shing So, 755 F.2d 1350 (9th Cir. 1985).
· cites it 4× “The first two CTR counts were charged as misdemeanors under 31 U.S.C. § 5322 (a), and the last five were charged as felonies under 31 U.”
United States v. Bucey, 691 F. Supp. 1077 (N.D. Ill. 1988).
· cites it 9× “In the alternative, the defendant moves to declare the offenses charged in Counts VIII and IX under 31 U.S.C. § 5322 (a) rather than under 31 U.”
United States v. George Retos, Jr., 25 F.3d 1220 (3rd Cir. 1994).
· cites it 2× “In Ratzlaf , the Supreme Court held that “[t]o convict Ratzlaf of the crime with which he was charged, violation of 31 U.S.C. §§ 5322 (a) and 5324(3), the jury had to find he knew the structuring in which he engaged was unlawful.”
United States v. Jung Joo Park, 389 F. Supp. 3d 561 (E.D. Ill. 2019).
· cites it 2× “§] 5321 ; 31 U.S.C. § 5322 . The Secretary delegated authority to .”
United States v. Fnu Lnu, 653 F.3d 144 (2d Cir. 2011).
· cites it 2× “See 31 U.S.C. § 5322 (providing criminal penalties for willful violation of 31 U.”
United States v. Bradley, 644 F.3d 1213 (11th Cir. 2011).
“” 31 U.S.C. § 5322 (b). Count 284 alleged that, during calendar year 1999, Bradley III had such a financial interest in a bank account that had an aggregate value of over $2,000,000 and that he willfully failed to report this while committing mail fraud, wire fraud, and money…”
United States v. W. David Marcello, 13 F.3d 752 (3rd Cir. 1994).
· cites it 3× “Marcello was convicted of structuring bank deposits in order to evade reporting requirements in violation of 31 U.S.C.A. §§ 5322 (a), 5324(a)(3) (West Supp.”
Michael Peck v. United States, 106 F.3d 450 (2d Cir. 1997).
· cites it 3× “The district court declined Peck’s request to charge the jury that the government must prove that Peck knew that structuring was unlawful in order to satisfy the scienter requirement of willfulness contained in 31 U.S.C. § 5322 (a). The decision of Judge Nevas was in accord with…”
United States v. Walid Khalife Fred Abdenour Goldcorp, Inc., 106 F.3d 1300 (6th Cir. 1997).
· cites it 4× “The district court held that the defendants could not be charged with a conspiracy to defraud the United States when the conduct charged is prohibited by a specific statute involving structuring, 31 U.S.C. §§ 5322 and 5324. We reverse. I.”
United States v. Brown, 117 F.3d 471 (11th Cir. 1997).
· cites it 2× “By applying rules of statutory construction, and by examining relevant legislative history, the Supreme Court reached its authoritative interpretation of the willfulness requirement contained in 31 U.S.C. § 5322 , the criminal enforcement provision then applicable to 31 U.”
United States v. Jacobo Cure, 804 F.2d 625 (11th Cir. 1986).
· cites it 3× “The statute goes on to state that whoever “willfully causes an act to be done *629 which if directly performed by him or another would be an offense against the United States, is punishable as a principal.”
United States v. Barnhardt, 93 F.3d 706 (10th Cir. 1996).
· cites it 2× “In Dashney , the defendant was convicted in 1990 of violating 31 U.S.C. §§ 5322 (a) and 5324(3) by structuring cash transactions in order to evade currency reporting requirements.”
United States v. Ismail, 97 F.3d 50 (4th Cir. 1996).
· cites it 2× “The evidence the Government presented in this case—e.g., bank official Jenny Fadoul’s explanations to the brothers that she would have to file reports with the IRS for cash deposits of $10,000 or more, Ahmed’s “no report” remark, and the brothers’ frequent cash deposits of…”
L-v-c, 22 I. & N. Dec. 594 (BIA 1999).
— 31 U.S.C. § 5322(a) — 1 case
United States v. Ismail, 97 F.3d 50 (4th Cir. 1996).
“The evidence the Government presented in this case—e.g., bank official Jenny Fadoul’s explanations to the brothers that she would have to file reports with the IRS for cash deposits of $10,000 or more, Ahmed’s “no report” remark, and the brothers’ frequent cash deposits of…”
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