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Bulk Cash Smuggling

Bulk cash smuggling often involves the transfer of large amounts of money that make up the proceeds of an illegal activity. In many cases, the money that is being smuggled is used to fund an unlawful organization.

Both federal and Florida laws include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, bulk cash smuggling offenses by both federal and state authorities. His experience and knowledge serve as an invaluable asset to his clients.

To arrange for a free and confidential consultation with respect to any federal or state bulk cash smuggling offense, contact our office at (305) 330-3905. For complete details about Mr. Petruzzi’s background, expertise and experience, click here.

Federal bulk cash smuggling offenses are investigated and prosecuted by various agencies, including the FBI, DEA, ATF, IRS, Department of Homeland Security and the Department of Justice. Some common federal statutes criminalizing bulk cash smuggling include:

31 USC Sec. 5332 –

(a) Criminal Offense. –

(1) In general. – Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b).

(2) Concealment on person. – For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual.

(b) Penalty. –

(1) Term of imprisonment. – A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years.

(2) Forfeiture. – In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property.

(3) Procedure. – The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act.

(4) Personal money judgment. – If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture.

Florida bulk cash smuggling offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing bulk cash smuggling include:

896.101 Florida Money Laundering Act; definitions; penalties; injunctions; seizure warrants; immunity. –

(3) It is unlawful for a person:

(a) Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, to conduct or attempt to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity:

1. With the intent to promote the carrying on of specified unlawful activity; or

2. Knowing that the transaction is designed in whole or in part:

a. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

b. To avoid a transaction reporting requirement or money transmitters’ registration requirement under state law.

(b) To transport or attempt to transport a monetary instrument or funds:

1. With the intent to promote the carrying on of specified unlawful activity; or

2. Knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or in part:

a. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

b. To avoid a transaction reporting requirement or money transmitters’ registration requirement under state law.

(c) To conduct or attempt to conduct a financial transaction which involves property or proceeds which an investigative or law enforcement officer, or someone acting under such officer’s direction, represents as being derived from, or as being used to conduct or facilitate, specified unlawful activity, when the person’s conduct or attempted conduct is undertaken with the intent:

1. To promote the carrying on of specified unlawful activity; or

2. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds or property believed to be the proceeds of specified unlawful activity; or

3. To avoid a transaction reporting requirement under state law.

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