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31 U.S.C. § 5322 – Money laundering-related reporting offenses

If you’re reading this, you’re in serious federal trouble – and facing money laundering reporting criminal charges that could destroy your life. You’ve been structuring cash deposits. You’ve been avoiding those CTR reporting requirements. You thought you were being careful, and smart, by keeping deposits under $10,000. You were wrong. Federal prosecutors have a 95% conviction rate, and they’re coming after you with unlimited resources – ASAP. You’re looking at up to 5 years in federal prison, $250,000 in fines, or worse if you have prior convictions.

At Spodek Law Group – we understand what you’re going through, and we take this very seriously. Our criminal defense attorneys can help with federal cases nationwide. Our premier federal criminal defense attorneys have over 50 years of combined experience defending clients against these exact charges. We’re not your every day law firm – we get it – we understand the ramifications of what you’re facing, we know how to deal with them – and we know how to explain it to you – so you get it. Todd Spodek, our second-generation attorney who represented Anna Delvey (the Netflix special subject), knows how federal prosecutors think. Unlike other criminal defense law firms who are more focused on their relationship with prosecutors – we fight for YOU.

You’re Facing Serious Federal Money Laundering Reporting Charges

Let’s be clear about your situation. You’re accused of violating 31 U.S.C. § 5322, which criminalizes willful violations of Bank Secrecy Act reporting requirements. When someone structures transactions to avoid reporting, you’re committing a federal crime. The government knows you were trying to hide something – whether it’s legitimate income or not doesn’t matter anymore.

Here’s what you’re really facing:

  • Up to 5 years in federal prison for each violation
  • Fines up to $250,000 for individuals, $500,000 for corporations
  • If you have prior money laundering convictions – up to 10 years imprisonment and $500,000 fines
  • Asset forfeiture of all funds involved in the transactions
  • Permanent criminal record that will follow you forever

Federal conviction rates exceed 95%. Without proper representation, you’re likely to become part of that statistic. You don’t understand federal sentencing guidelines. You don’t know mandatory minimums. This knowledge gap will hurt you – and that’s where our top rated attorneys come in.

Understanding Your 31 U.S.C. § 5322 Charges

The federal government has virtually unlimited resources – and they’re using them against you. Section 5322 imposes criminal penalties for “willfully” violating certain BSA reporting requirements. This includes:

31 U.S.C. § 5316 – If you transported more than $10,000 in monetary instruments across the border without filing a report, you violated this section. Many money launderers try to sneak large amounts of cash across the border undetected—just like you did.

31 U.S.C. § 5331 – When a business receives more than $10,000 in cash in one transaction, they must file a report. If you’re running a business and didn’t file these reports – you’re in violation.

31 U.S.C. § 5324 – This is the big one. “Structuring” means breaking up cash transactions into smaller amounts to avoid the $10,000 reporting threshold. Federal prosecutors are aggressively pursuing these cases. If you deposited $9,500 cash each day for a week, structuring your deposits – that’s a federal crime.

Why You Need the Best Federal Criminal Defense Attorney – NOW

Our premier federal criminal defense law firm is different. We have handled some of the toughest cases –and come out on top. Todd Spodek’s experience has led to him handling thousands of tough cases. His work has resulted in him being featured on major media outlets, like NY Post, Newsweek, Fox 5, Business Insider, Bloomberg, and others. In 2022, Netflix released a special TV series about one of Todd’s clients: Anna Delvey, also known as Anna Sorokin.

Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you. We are one of the few law firms in the country have a completely online digital portal for clients. Our attorneys, know how to fight, and win. We provide white-glove service to every client. Our rock star team is available 24/7 – because federal charges don’t wait for business hours.

Defense Strategies for 31 U.S.C. § 5322 Violations

When fighting federal money laundering reporting charges, you need attorneys who understand the complexities of these cases. Many attorneys send us clients because they know they can trust us with tough cases. Our top rated criminal defense team develops comprehensive defense strategies tailored to your specific situation – and we’ve seen it all.

Lack of Willfulness Defense – The government must prove you “willfully” violated the law. This means they must show you knew about the reporting requirement and intentionally violated it anyway. Recklessness isn’t enough for conviction. If you genuinely didn’t know about the $10,000 reporting threshold – that’s a defense we can use. However, ignorance of the law is tricky territory, and you need experienced attorneys who know how to present this defense effectively to avoid conviction.

No Intent to Structure – Sometimes transactions are structured for legitimate business reasons, not to evade reporting. Maybe you run multiple business locations and made deposits at different branches for convenience. Maybe you had cash flow needs that required specific deposit amounts. Our attorneys know how to demonstrate legitimate business purposes for your transaction patterns – but this requires detailed documentation and expert testimony that only experienced federal criminal defense lawyers can provide.

Constitutional Violations – If federal agents violated your Fourth Amendment rights during the investigation, we can challenge the evidence. Did they conduct illegal searches? Seize your assets without proper warrants? Violate your Miranda rights? These violations can result in evidence being thrown out –but you need attorneys who know how to identify and argue these issues in federal court.

Challenging the Paper Trail – Federal investigators use sophisticated software to detect structuring patterns. Banks employ automated systems that flag transactions near $10,000. But these systems aren’t perfect. WeWe can challenge the government’s interpretation of your transaction patterns and demonstrate alternative explanations for your banking activity.

The Federal Investigation Process

Federal investigations into money laundering reporting violations are complex, multi-agency operations. The IRS Criminal Investigation division, FBI, DEA, and FinCEN all coordinate to build cases against individuals suspected of structuring. They use Suspicious Activity Reports (SARs) filed by banks, Currency Transaction Reports (CTRs), and sophisticated pattern recognition software to identify potential violations.

Once you’re on their legal radar, agents will subpoena years of bank records, business documents, and tax returns. They’ll interview employees, business associates, and anyone who might have information about your financial transactions. They’re building a case against you right now – while you’re reading this.

The government doesn’t need to prove you were laundering money from illegal activity. Even if your money came from legitimate sources, structuring deposits to avoid reporting is still a federal crime. That’s what makes these charges so dangerous – and why you need our premier criminal defense attorneys immediately.

Federal Sentencing Guidelines for § 5322 Violations

Understanding federal sentencing guidelines is crucial for your defense. The U.S. Sentencing Commission provides guidelines that judges use to determine sentences. For money laundering reporting offenses, several factors impact your potential sentence:

  • Base Offense Level – Determined by the violation and amount involved
  • Sophisticated Means Enhancement – If you used complex schemes, sentences increase
  • Role in the Offense – Leaders/organizers face harsher sentences
  • Acceptance of Responsibility – Cooperation can reduce sentences
  • Criminal History – Prior convictions significantly increase penalties

Why Spodek Law Group Is Different

Many law firms are “mills” and take on every single client. We’re different – we only take on clients we can help. Law firms are focused on their bottom line, meaning they want your money – they don’t care if they get you the best outcome. Most law firms are not focused on your family, and what the implications of an arrest mean for you and your family members. We focus on only working with clients who we can truly help. Our top rated attorneys provide personalized attention to every case. We don’t pass you off to junior associates – you work directly with experienced federal criminal defense lawyers who have handled hundreds of these cases.

Regardless of where your case is in the USA, or the situation you’re dealing with, or the stage of the case, we can help you. We provide nationwide representation – coast to coast – because federal charges require federal expertise. Our team is available 24/7, our online portal keeps you updated on every development, and we fight relentlessly for your freedom.

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