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Entity Structuring vs. Money Structuring

When we talk about entity structuring we are focusing on the proper use of legal entities to protect your assets. Creating the right structure for you is a correct and acceptable thing to do.

But if you engage in money structuring - well, you are headed for big trouble. The case of Eliot Spitzer has certainly taught us one thing: It is getting harder and harder to discretely pay for sensitive transactions. What caught the former governor of New York with his pants down were these new post 9-11 anti money laundering rules.

Deposits on withdrawals that total more than $10,000 within the same day automatically prompt a currency transaction report to the federal government. But if you slice up the transactions - say deposit $9,000 into different bank accounts - to avoid detection that is called money structuring, which is strictly illegal.

I know - it's hard to imagine. But take the case of a newlywed couple who received $40,000 in cash at their Greek wedding. Rather than deposit it all at once and wait in lines to provide the bank with a bunch of information, they deposited it over time in smaller amounts. The new Big Brother software caught them and soon they were being investigated by the IRS. After a great deal of money spent in attorney's fees they were eventually not charged.

But here's the lesson, if you know about the $10,000 requirement and attempt to avoid it, you have committed a crime. And let's be honest, thanks to Eliot Spitzer, we all know about the $10,000 requirement now.

There are still a few ways for untraceable transactions to occur, at least until the feds find a way to shut them down.

Eliot Spitzer would still be governor if he had used a prepaid or stored value card. You can buy an American Express gift card with cash at a retail store in amounts as high as $500. For now there is no limit on the number you can buy.

Of course, cash is still a good way to go. But remember, if you withdraw more than $10,000 in cash in one day a report is sent to the feds. And once again, if you slice up withdrawals to avoid detection - money structuring - you are breaking the law. The best way to get your cash out is in smaller and more frequent transactions.

But listen to what we are discussing: How to get your money out of your own bank account without breaking a draconian law. Will this ever end, or only get worse?

Posted on Saturday, March 29, 2008 at 05:20PM by Registered CommenterGarrett | CommentsPost a Comment

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