TER General Board

Re: No way. 15K withdrawal isn't going to trigger an alert. eom
little phil 37 Reviews 229 reads
posted

My sense is that you're a bit more savvy than he is, at least in this regard.  There are lots of ways to move cash, but it takes some effort.

It also helps when you haven't made a career of making enemies.

Post-9/11 laws that allow feds to track big transactions are what drew the government's attention to Client 9 and are what he will likely be charged with violating.

Excerpt from the Los Angeles Times article linked to below:

"On Tuesday, authorities said it is the transactions themselves that could get Spitzer into legal trouble, especially if authorities determine that he was trying to "structure" them to avoid reporting requirements or disguise the true nature of the payments.

"According to the federal law enforcement official, Spitzer's bank reported his suspicious transactions, as required under the Bank Secrecy Act, by electronically filing at least one Suspicious Activity Report, or SAR. One financial crimes expert, former senior FBI official Dennis Lormel, said that SARs have been required for many more financial transactions since the Sept. 11 attacks and that bank compliance officers "have come down really hard" on financial institutions.

"The SARs are forwarded by the Internal Revenue Service to a Treasury Department agency known as FinCEN, the Financial Crimes Enforcement Network.

"SARs usually contain the names of the senders and receivers of financial transactions and information from bank officials about why they believe the transactions were suspicious, said Lormel, who is now senior vice president for anti-money laundering for Virginia-based Corporate Risk International.

"It is illegal to disclose publicly that a SAR has been filed, but the information is widely disseminated to federal and even state law enforcement agencies, Lormel said.

"In Spitzer's case, agents from the IRS' criminal investigation division, and later the FBI public corruption squad, began to unravel the threads of the financial transactions. They linked cash payments first to accounts tied to suspicious front companies and then, ultimately, to the Emperors' Club call-girl ring, according to the federal law enforcement official and a second person familiar with the probe."

-- Modified on 3/12/2008 5:50:13 AM

-- Modified on 3/12/2008 5:51:03 AM

kerrakles113 reads

and you thought you were safe

GaGambler698 reads

When you already have political enemies looking for any signs of impropriety is is.

For anyone else you are correct. I've spent a hell of a lot more than the $80,000 that Spitzer has over the same six years, but I'm not married or a politician so I don't need to hide it.

My sense is that you're a bit more savvy than he is, at least in this regard.  There are lots of ways to move cash, but it takes some effort.

It also helps when you haven't made a career of making enemies.

kerrakles320 reads

requirement is 5k and the frequency of transfers. By law, banks are required to file a SAR for 5k transaction going to a a foreign bank

wantbrain305 reads

Anytime you wire $10,000 or more it automatically triggers an alert with the IRS and whatever the relevant security agency is.  Spitzer tried to avoid this by wiring three amounts under $10,000 on the same date to the same account, trying to avoid detection.  Didn't work.

doing a wire transfer of that size was idiocy

the man is a multimillionaire...he could easily have been taking out thousands per day in cash

it was just stupid on his part

but the fact that the fbi justified the investigation by saying that they were looking for bribes is very bothersome....as there was no evidence to do so

I heard it was because the funds were ending up offshore and that Spitzer had requested his bank remove his name from a transaction or something that triggered the initial report.

The whole thing is just a witch hunt by people who aren't getting any nooky at home and just a big waste of tax money so the media can have it's weekly scandal.

Sheesh,
TS Jamie :-)

wantbrain127 reads

You got that right! More politicos trying to score points and settle personal agendas at the taxpayers' expense.  Let's remember that Ken Starr spent over 50 million dollars of your money over that ridiculous impeachment case ...

meettheman160 reads

Wow, misinformation really abounds.  There is a Federal law that requires anyone receiving $10 in cash or cash equivelents to complete and file a transaction report with the Feds.  So if you walk into a bank with $10k they will complete the report and file it.  Also, if you walk into your friendly lawyer and give him $10 he has to file.  The lawyer sand ABA fought this for several years, especially as to criminals who paid retainers but the lawyers lost.  The structuring law states that if someone structures a seies of payments in a manner that avoids the reporting, then the person is quilty of structuring.  Neither has anything to do with illegal transactions involing cash such as money laundering.  So if you walk into your friendly bookie and give him $5,000 on day 1 and $4,999.99 on day 2 and $.01 on day 3, he'd be required to file the report that there appears to be a series of transactions that when viewed as a whole appear to have been done to avoid the reporting requirement.  Banks, and other financial institutes have a separate reporting requirement that if they see a sereis of withdrawals that appear to be done to avoid reporting, then they have a reporting requirement.  They use software to monitor and test ttransactions to hypotheicals to kick out transactions to be reviewed.  This is what got Spitzer.  The way the law is written, almost anyone vharging for anything could fall within one of the reporting requirements.

If Treasury really wanted to bang you, they could fine you for not issuing 1099s to your SPs if paid in the calendar year $600 or more. When is the last time you asked your SP for her SSN or had her fill out a W-9 as required.

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