DIFFERENT ANGLE by Kenneth Rijock
If you ever had any doubts about the determination of the United States to block bulk-cash smuggling, read this: An illegal alien who lived in the United States, and who attempted to spirit $62,000 out of the United States, on a flight to Guatemala, is about to be deported sans $49,000 of that money. A US District Court Judge has levied a civil penalty in that amount as punishment for his attempted smuggling of the cash; the alien claims he made the money washing dishes. Is it drug profits being carried for compensation, as the government claims, or the life savings of an honest person, as the defence claims, though the facts surrounding the airport seizure indicate otherwise.
Whilst the case* is not relevant to any important US compliance issues, one wonders whether, in conducting a Source of Funds enquiry regarding a large cash deposit, we should have the bank customer sign a sworn affidavit that all US reporting requirements for the international transport of currency have been met, and all required reports filed upon entry into the US. This is especially true for foreign nationals seeking to deposit currency in US financial institutions.
Such an affidavit could also be of great assistance to the bank later, when US law enforcement comes knocking on the door, asking why you accepted what turned out to be drug cash. Did you not only receive information on the Source of Funds, but also obtained a statement that it was not smuggled into the United States? Think about it.
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* United States vs. $59,000 in United States Currency, Case No.: 06-cv-60573-JIC (S.D.FLA.) The claimant has filed an appeal of the final judgment.
The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.
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