Feds Seize $841,883 from Used Car Dealer Accused of—Well, Nothing

[Cebu_4_2]

Feds Seize $841,883 from Used Car Dealer Accused of—Well, Nothing (http://reason.com/blog/2013/07/28/feds-attempt-to-seize-841883-from-used-c) John K. Ross (http://reason.com/people/john-k-ross/all)|Jul. 28, 2013 7:00 pm
Reza Ella, an Iranian-American who owns a car dealership in Albuquerque, New Mexico, may or may not be a criminal. Federal prosecutors don’t know or won't say. But last September, they seized $841,883 from Ella anyway because the man deposited it in increments of less than $10,000.
Anyone depositing more than $10,000 in the bank has to file a report with the Department of the Treasury—because terrorism/drugs. Making deposits of less than $10,000 so as to avoid filing said reports—called "structuring"—is illegal and can trigger asset forfeiture whether or not there is any underlying criminal activity.
From the Albuquerque Journal (http://www.abqjournal.com/226830/news/iranianamerican-fights-federal-seizure-of-some-841000.html):

The federal complaint against Ella does not allege that he is involved in a criminal enterprise.
According to the forfeiture complaint, Ella and one of his employees made approximately 223 structured cash deposits totaling $1,728,722.21 ... between Sept. 19, 2011, and July 3, 2012.
Each deposit was less than $10,000....
Of the approximately 223 cash deposits, 37 were same-day deposits at two banks totaling over $10,000 per day.
On seven occasions, same-day deposits were made at three banks totaling over $10,000 per day, according to the complaint.
[Ella's lawyer] said that during the same time period covered by the complaint, Ella did sign currency transaction reports more than a dozen times.
...The complaint also brings up the last time he was targeted by federal agents. “Ella had previously engaged in illegal structuring of cash transactions between 2005 and January 2007, Ella had structured cash withdrawals at Wells Fargo Bank. On February 23, 2007, the FBI executed warrants on two accounts at WFB held by Ella totaling $489,732.02.”
The complaint doesn’t mention that all but $12,000 of that money was returned to Ella.
...“They ambush you,” he said. “They don’t tell you they are seizing your bank accounts. You find out when checks are returned.
“You go to the bank and everyone stares at you. They think you’re crooked.”
The latest case, he said, has left him exhausted and his business suffering.
Yes, Ella has been charged with structuring before. You’d think he’d have taken this particular bit of paperwork more seriously. Then again, if the feds want to nail someone, and it sure looks like it here, no amount of law abiding will forestall prosecution (http://reason.com/blog/2009/12/16/have-you-committed-your-three).
I’m sympathetic to the claim that sometimes prosecutors have to rely on financial crimes to put away bad guys whose real crimes cannot be proven beyond a reasonable doubt. But they’re not trying to put Ella in jail, and there isn't even an allegation that he's a bad guy. They’re just stealing his money.
Ella's attorneys have requested a jury trial.
The complaint is below:

[mamboni]

Don't put your money in the bank. They pay no interest on it anyway. The law used to be designed to promote justice. Now the law is a twisted tangle of technicalities designed to entrap you and extract tribute to the state - what a crock "structured" payments.

[madfranks]

Isn't it possible that as a used car dealer he did not amass the whole sum of money at one time? You know, like normal business goes, lots of smaller transactions which equal a large sum? And perhaps instead of wanting to sit on lots of cash, waiting until he had a ton of it, he deposited it as he got it? This "guilty until proven innocent, oh and we'll take all of your money" game really pisses me off.

[EE_]

Do you really own Federal Reserve notes?...or just the labor you exchanged for them?

It's my belief and I'm sure the belief of the Jews, ownership of Federal Reserve notes belong to the Jews... you are only permitted to use them along with the guidelines the Jews laid out.

If you want to own legal money, you will have to exchange the Jew notes for gold and silver. Gold and silver are not printed and issued by the Jews, so you are entitled to full ownership of this legal money. No one has the right to take them from you!

It is pretty clear by now there are laws and rules on the possession and exchange of these notes.

1. You are not allowed to possess more then a certain amount on your person at any time. If caught with more then a certain amount, they will be confiscated.
2. If you are caught using these notes inappropriately at any time, they will be confiscated.
3. You are only allowed to transact a certain amount at any given time without permission. If you don't follow this rule, these notes will be confiscated.
4. In many cases, you must pay a percentage of these notes to the Jews upon the transfer of these notes. If you abuse your privilege of using the Jews notes, they will be confiscated.

Typical Jew note
http://www.thereformedbroker.com/wp-content/uploads/2013/07/seal-star-of-david.jpg

[Son-of-Liberty]

I could see if he was accepting cash monthly payments from customers with poor or no credit how he would have small amounts of cash coming in on a regular basis.

Why he would deposit that sum of money into a bank though, knowing that there are structuring laws and it was risky is beyond me.

Maybe now that he has been burned twice he will just stop putting the money in the bank. I agree, what advantage does it really give you now that there is risk of confiscation because either the government labels you as a criminal or the bank has financial trouble.

I thought banks were supposed to be a safe place to put your money?

[Libertytree]

And what would happen if they proved he was stashing/hoarding the cash? I'm sure there's a law against that too or they'll make one up.

[mamboni]

I could see if he was accepting cash monthly payments from customers with poor or no credit how he would have small amounts of cash coming in on a regular basis.

Why he would deposit that sum of money into a bank though, knowing that there are structuring laws and it was risky is beyond me.

Maybe now that he has been burned twice he will just stop putting the money in the bank. I agree, what advantage does it really give you now that there is risk of confiscation because either the government labels you as a criminal or the bank has financial trouble.

I thought banks were supposed to be a safe place to put your money?

There is no good reason to keep money in the bank over and above running expenses. There are lots of good reasons for holding cash, as in paper bills, outside of the banking system, with one possible caveat: paper money can be devalued, recalled or outright cancelled. Paper money is just an IOU, a warehouse receipt. And the warehouse is heavily in debt and virtually insolvent. Frankly, converting physical cash to physical gold and silver, despite recent price macinations, is a no brainer.

[Twisted Titan]

I thought banks were supposed to be a safe place to put your money?


It is a safe place to put your money.

They just dont telll you for whom.



It was Very safe for The gubbermint.....TWICE.

Not so much so for Mr.Ella

[Hatha Sunahara]

I wonder if it goes the other way--if you withdraw small amounts of money regularly-like $1 or $2 thousand at a time--like every few days or weekly?

Also, most employers don't pay employees in cash--they write them paychecks at regular intervals. If you got paid in cash by your employer, and took the money to the bank every week, reserving what you needed for living expenses, and allowed the money to accumulate, I bet the Feds would consider that to be 'structured payments'.

This is just another example of the Feds destroying the economy because they assume everybody is a criminal.


Hatha

[Ponce]

Well......"If you don't hold it, etc etc"........whe here have learned that.....I can still see the little people chasing the train as it goes into the night.

V

[midnight rambler]

I wonder if it goes the other way--if you withdraw small amounts of money regularly-like $1 or $2 thousand at a time--like every few days or weekly?

Also, most employers don't pay employees in cash--they write them paychecks at regular intervals. If you got paid in cash by your employer, and took the money to the bank every week, reserving what you needed for living expenses, and allowed the money to accumulate, I bet the Feds would consider that to be 'structured payments'.

This is just another example of the Feds destroying the economy because they assume everybody is a criminal.


Hatha

Structuring works both ways, any withdrawal over $10k triggers a CTR as with deposits.

[Son-of-Liberty]

And what would happen if they proved he was stashing/hoarding the cash? I'm sure there's a law against that too or they'll make one up.

I agree there is still risk but the risk is reduced I think. Problem with money in the bank is that it basically becomes public knowledge that you have it. It is pretty hard for the gov to steal what they have no knowledge of.

Any cash not needed for operating expenses and emergency fund should be converted to something else. If the government confiscates actual property without just cause I think you have much better grounds for legal action, lawsuits etc. When you play with funny money the gov has all sort of rules that exempt themselves from criminal responsibility.

[Son-of-Liberty]

This Iranian needs to learn about Bitcoin.

Instant transfers anywhere in the world. Government can't steal it from you even if they want to. They would have to torture the passcode out of you to get access to your funds.

That is in some ways even more secure then gold.

[vacuum]

This Iranian needs to learn about Bitcoin.

Instant transfers anywhere in the world. Government can't steal it from you even if they want to. They would have to torture the passcode out of you to get access to your funds.

That is in some ways even more secure then gold.

He should have hoarded gold to safely store the money, and bitcoin to use the money wherever and whenever he needed it, at the risk of the regular BTC price fluctuations.

[Horn]

Everything is being taken away from any one individual owning anything substantial, all is being directed to go into the trust of large corporate accounts.

A successful individual is considered a terrorist.

[Ponce]

What it really comes down to is that anytime that they see anything of real value they will make new rules just to take it away from you......so, what to do?......simple.......show nothing of value.

V

[madfranks]

What it really comes down to is that anytime that they see anything of real value they will make new rules just to take it away from you......so, what to do?......simple.......show nothing of value.

V

This, exactly. Money in a bank just so happens to be the easiest of your property for them to take, but don't think for a minute that if they find out you have physical assets that they don't want to take that from you either.

[Twisted Titan]

This, exactly. Money in a bank just so happens to be the easiest of your property for them to take, but don't think for a minute that if they find out you have physical assets that they don't want to take that from you either.

That may be true but in that case you have a hell of alot more leverage.

If had 500k and converted it to gold coins and the Feds got a whiff of it.

.
I would litterally tell badge boy to pound sand and his mama to make me a pitcher of lemonade while he dose it.
.


Even if they threaten me with jail im look forward to the tax free living on someone elses dime


When you act like you dont care. .....you are quickly released more times then not

[Horn]

What it really comes down to is that anytime that they see anything of real value they will make new rules just to take it away from you......so, what to do?......simple.......show nothing of value.

V

A successful individual makes his own choices,

there's noway to subvert or coerce that decision from another angle, a major terror threat for them.

[ximmy]

somebody has to pay federal employee salaries...