Utah Jury Instruction - Evading Currency Transaction Reporting Requirement While Violating Another Law By Structuring Transaction
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FAQ
Money Laundering Spending 1957 is a single offense that criminalizes the spending or deposit of proceeds from an unlawful activity as well as the actions of third parties who choose to do business with anyone attempting to spend or deposit such proceeds.
Illegally "structuring" a transaction means setting up (structuring) a large cash transaction so that it doesn't trigger the reporting requirements. The most common method for doing this is called ?smurfing,? breaking up a large cash deposit into a series of smaller deposits to avoid bank detection.
A financial institution and any ?nonfinancial trade or business? must file a report concerning a transaction (or series of related transactions) in excess of $10,000 in currency. FinCEN regulation 31 CFR 1010.310 requires that financial institutions file currency transaction reports (CTRs).
18 U.S.C. § 1956(a)(1)(B)(ii) See Statute [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.
Title 31 U.S.C. 5324 makes it a federal crime for any person or entity to knowingly structure or attempt to structure any transaction with the intent to evade reporting requirements.