Articles Posted in White-Collar Crime

Under Federal law, banks are required to report cash deposits that exceed a certain amount on the basis that they may indicate that people are attempting to avoid paying income tax. Some people attempt to evade this requirement by structuring their deposits in a manner that will not trigger the reporting requirement. Structuring is unlawful, however, and it can lead to significant penalties. In a recent Florida case, the court described what evidence is needed to establish guilt for structuring, ultimately affirming the defendant’s conviction. If you are charged with a financial crime, it is in your best interest to meet with a Clearwater white color criminal defense attorney to discuss your options.

Facts of the Case

It is alleged that the defendant, a former pain management clinic physician, faced numerous charges for allegedly distributing controlled substances from his clinic. While acquitted of these charges, he then faced charges two charges for illegally structuring payments from these operations. Specifically, the government alleged that he engaged in structuring transactions to evade federal bank reporting requirements. Namely, he made 22 cash deposits under $10,000 over seven days and followed a similar pattern with 38 cash deposits, some on consecutive days, over approximately seven and a half months. This deposit pattern raised suspicions of structuring. The jury found the defendant guilty on both counts, leading to concurrent 24-month sentences. The defendant appealed, arguing there was insufficient evidence to sustain his convictions.

Evidence Establishing Illegal Structuring

On appeal, the court rejected the defendant’s reasoning and affirmed his convictions. The court explained that when reviewing such convictions, they view the evidence in the light most favorable to the verdict and consider all reasonable inferences and credibility choices in favor of the verdict.