This Jury Instruction form is designed to provide guidance on the federal crime of evading currency transaction reporting requirements while violating another law by structuring a transaction. The instructions detail the necessary legal considerations and definitions to inform jurors during a trial, ensuring they understand the elements that must be proven beyond a reasonable doubt. This form serves as a model and may be adjusted to fit specific cases, distinguishing it from general jury instruction templates.
This form should be used in federal court cases where a defendant is accused of violating currency transaction reporting requirements by structuring transactions. It is important during jury deliberations to provide jurors with clear guidance on the legal definitions and necessary elements to establish guilt.
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An IRS Currency Transaction Report is a form filed by U.S. banks and casinos each time you make a deposit or withdrawal of $10,000 or more. It is filed in secret, without your knowledge, you don't receive a copy, and it becomes part of your permanent IRS file.
The reporting requirement for a CTR is triggered when a bank customer initiates a transaction of more than $10,000, not when they complete it. If a bank customer refuses the transaction or modifies it to fall below the threshold, the bank employee is required to file a suspicious activity report.
A currency transaction report (CTR) is a report that U.S. financial institutions are required to file with FinCEN for each deposit, withdrawal, exchange of currency, or other payment or transfer, by, through, or to the financial institution which involves a transaction in currency of more than $10,000.
When a bank processes a transaction involving more than $10,000, most bank software will automatically create a CTR electronically and fill in tax and other customer information automatically.Habitual transactions just under the $10,000 threshold may also attract scrutiny and the filing of a SAR.
Federal law requires financial institutions to report currency (cash or coin) transactions over $10,000 conducted by, or on behalf of, one person, as well as multiple currency transactions that aggregate to be over $10,000 in a single day. These transactions are reported on Currency Transaction Reports (CTRs).
To potentially avoid one being filed, business entities can elect to complete Form 8300, which will absolve the bank from having to complete a CTR. This must be done within 15 days of the transaction's completion.
Under Phase 1, transactions conducted by banks, government departments or agencies, and listed public companies and their subsidiaries are exempt from CTR reporting. Under Phase 2, transactions in currency by businesses that meet specific requirements are exempt from CTR reporting.
If you deposit less than $10,000 cash in a specific time period, it may not have to be reported. However, when a customer makes multiple smaller cash payments in a 12-month period, the 15 days countdown for reporting to the IRS starts as soon as the total paid exceeds $10,000.