Matt receives large quantities of methamphetamine from his supplier in Mexico. Matt has three runners, Kevin, Danny, and Robin, who distribute the meth and collect the payments. After Kevin, Danny, and Robin receive their cut, they each owe Matt $50,000. Matt owes his supplier $39,000 in Mexico.
Matt tells Keven to take the $50,000 to Mexico and pay $39,000 to the supplier and convert $11,000 to pesos and deposit the pesos into a Mexican Bank account in the name of ABC Corporation that Matt controls.
Matt tells Danny to make five $9,990 deposits on 5 separate days to Matt’s bank account in the United States.
Matt tells Robin to take the $50,000 to Odorous Perfume Shop and to tell the owner that the money is from Matt. Robin receives a receipt made out to a company in Panama and she does not receive any perfume.
Each of the three runners completes his or her assigned task in December of last year. Matt was arrested on Monday, April 15th of this year just after he placed his federal income tax return for last year in the mail. A later review of his tax return discloses that he did not check the Foreign Bank Account box on Schedule B. Because of irregularities in the investigation, Matt cannot be charged with methamphetamine distribution, conspiracy, or money laundering with respect to his association with Kevin, Danny, or Robin.
- Discuss what crimes he could be charged with.
Federal agents have arrested Kevin, Danny, and Robin and intend to “throw the book” at them. In addition to charging them with methamphetamine distribution, the prosecutors want to charge each of them with money laundering violations and intend to collect BSA reports as part of the evidence against each of them.
- For each of the three individuals, discuss which, if any, of the money laundering statute(s) he has violated, describing the elements of the crime, the financial transaction(s), and the SUA(s). Explain why you reached the conclusions you did.
- Discuss the BSA reports that any financial institution, business, or the three individuals themselves should have filed and what information relating to the money laundering charges those reports would contain.
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