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· 4/29/2008

United States v. Van Allen

Citations

  • 524 F.3d 814
  • 2008 U.S. App. LEXIS 9236
  • 2008 WL 1868978

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that knowledge and intent can be shown by evidence that defendant, despite inefficiency and inconvenience, dealt in small amounts that avoided reports
  • noting that knowledge and intent can be shown by evidence that defendant, despite inefficiency and inconvenience, dealt in small amounts that avoided reports
  • finding that the defendant engaged in illegal structuring by conducting a series of deposits and withdrawals, and explaining that “[t]he sheer volume of the transactions almost compels the conclusion reached by the jury”
  • defining “structuring” as “altering the form of a transaction in order to avoid activating the bank’s duty to file a currency transaction report” and noting this definition “meshes well with [the definition] in the Treasury regulation” (quotation marks omitted)
  • “[A] lawyer’s fully informed opinion that certain conduct is lawful (followed by conduct strictly in compliance with that opinion) can negate the mental state required for some crimes, including fraud.”
  • “The fact that [defendant] was willing to sacrifice efficiency and convenience . . . by going to separate banks in the same day to make almost identical deposits supports the inference that he knew of and intended to avoid the reporting requirements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Rovner, Wood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.