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To: JD86
Note that nowhere in this law is the government required to notify the suspect that private personal information has been passed to the government or tell the accused who accused him. It isn't hard to spend much more than $10,000 in a furniture store. Try buying a decent diningroom set for under $10,000 or try setting up a media room for less than $25,000. Piss off the clerk and end up on a list of suspects.

SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN NONFINANCIAL TRADE OR BUSINESS.

(a) REPORTS REQUIRED- Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following new section:

`Sec. 5331. Reports relating to coins and currency received in nonfinancial trade or business

`(a) COIN AND CURRENCY RECEIPTS OF MORE THAN $10,000- Any person--

`(1) who is engaged in a trade or business; and

`(2) who, in the course of such trade or business, receives more than $10,000 in coins or currency in 1 transaction (or 2 or more related transactions),

shall file a report described in subsection (b) with respect to such transaction (or related transactions) with the Financial Crimes Enforcement Network at such time and in such manner as the Secretary may, by regulation, prescribe.

`(b) FORM AND MANNER OF REPORTS- A report is described in this subsection if such report--

`(1) is in such form as the Secretary may prescribe; `(2) contains--

`(A) the name and address, and such other identification information as the Secretary may require, of the person from whom the coins or currency was received;

`(B) the amount of coins or currency received;

`(C) the date and nature of the transaction; and

`(D) such other information, including the identification of the person filing the report, as the Secretary may prescribe.

`(c) EXCEPTIONS-

`(1) AMOUNTS RECEIVED BY FINANCIAL INSTITUTIONS- Subsection

(a) shall not apply to amounts received in a transaction reported under section 5313 and regulations prescribed under such section.

`(2) TRANSACTIONS OCCURRING OUTSIDE THE UNITED STATES- Except to the extent provided in regulations prescribed by the Secretary, subsection (a) shall not apply to any transaction if the entire transaction occurs outside the United States.

`(d) CURRENCY INCLUDES FOREIGN CURRENCY AND CERTAIN MONETARY INSTRUMENTS-

`(1) IN GENERAL- For purposes of this section, the term `currency' includes--

`(A) foreign currency; and

`(B) to the extent provided in regulations prescribed by the Secretary, any monetary instrument (whether or not in bearer form) with a face amount of not more than $10,000.

`(2) SCOPE OF APPLICATION- Paragraph (1)(B) shall not apply to any check drawn on the account of the writer in a financial institution referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), (J), (K), (R), or (S) of section 5312(a)(2).'.

(b) PROHIBITION ON STRUCTURING TRANSACTIONS-

(1) IN GENERAL- Section 5324 of title 31, United States Code, is amended--

(A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(B) by inserting after subsection (a) the following new subsection:

`(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING NONFINANCIAL TRADES OR BUSINESSES- No person shall, for the purpose of evading the report requirements of section 5333 or any regulation prescribed under such section--

`(1) cause or attempt to cause a nonfinancial trade or business to fail to file a report required under section 5333 or any regulation prescribed under such section;

`(2) cause or attempt to cause a nonfinancial trade or business to file a report required under section 5333 or any regulation prescribed under such section that contains a material omission or misstatement of fact; or

`(3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with 1 or more nonfinancial trades or businesses.'.

(2) TECHNICAL AND CONFORMING AMENDMENTS-

(A) The heading for subsection (a) of section 5324 of title 31, United States Code, is amended by inserting `INVOLVING FINANCIAL INSTITUTIONS' after `TRANSACTIONS'.

(B) Section 5317(c) of title 31, United States Code, is amended by striking `5324(b)' and inserting `5324(c)'.

(c) DEFINITION OF NONFINANCIAL TRADE OR BUSINESS-

(1) IN GENERAL- Section 5312(a) of title 31, United States Code, is amended--

(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(B) by inserting after paragraph (3) the following new paragraph:

`(4) NONFINANCIAL TRADE OR BUSINESS- The term `nonfinancial trade or business' means any trade or business other than a financial institution that is subject to the reporting requirements of section 5313 and regulations prescribed under such section.'.

(2) TECHNICAL AND CONFORMING AMENDMENTS-

(A) Section 5312(a)(3)(C) of title 31, United States Code, is amended by striking `section 5316,' and inserting `sections 5333 and 5316,'.

(B) Subsections (a) through (f) of section 5318 of title 31, United States Code, and sections 5321, 5326, and 5328 of such title are each amended--

(i) by inserting `or nonfinancial trade or business' after `financial institution' each place such term appears; and

(ii) by inserting `or nonfinancial trades or businesses' after `financial institutions' each place such term appears.

(c) CLERICAL AMENDMENT- The table of sections for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 (as added by section 112 of this title) the following new item:

`5331. Reports relating to coins and currency received in nonfinancial trade or business.'.

(f) REGULATIONS- Regulations which the Secretary determines are necessary to implement this section shall be published in final form before the end of the 6-month period beginning on the date of enactment of this Act.

367 posted on 11/25/2001 6:57:41 AM PST by SUSSA
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To: SUSSA
Piss off the clerk and end up on a list of suspects.

First, thank you for posting the section. Second, I don't see anything in the section to warrant your comment about the clerks. The requirement is straight-forward. Spend $10,000 or more in cash....you are on the list. Don't spend $10,000 or more in cash....you are not on the list. The clerk, pissed off or not, has no discretion under the law. (Which I assume will irritate you even more.)

368 posted on 11/25/2001 7:12:30 AM PST by JD86
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To: SUSSA
Thanks SUSSA.
370 posted on 11/25/2001 7:25:12 AM PST by Native American Female Vet
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