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Re: Legality of requiring credit cards?
At 05:54 PM 12/24/96 -0800, jim bell wrote:
>"Man wins $27,000. He will eventually be required to report and pay taxes
>on the amount, but not quite yet. Stupid I/R/S people alert him BEFORE he
>files his taxes. He reports the payment, as is ostensibly legally required.
> He paid the taxes owed. Period."
>
>THEN you said, "we settled the matter." Huh? What, exactly, was there to
>"settle"?
Why, of course, the fact that the guy attempted to structure the
transaction to evade the reporting requirements in the first place. 31
U.S.C. 5324(a). Structuring (or attempting to structure) a financial
transaction to evade the reporting requirements is a violation of this
subsection, and 31 U.S.C. 5322(a) says that a willful violation is a
five-year felony. Oh, and willful violation while violating another U.S.
law is a ten-year felony until 5322(b). I'd suspect the guy was looking at
a 5322(b) charge (with "transmission of wagering information in interstate
commerce" as the "other U.S. law" being violated), but IANAL and I don't
know the case law.
EBD: Please correct me if I'm wrong. Oh, and did you go after the guy who
wrote the three $9K checks for conspiracy or aiding-and-abetting?
--bal