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re: IRS steals man's life savings without charges

Posted on 5/18/15 at 1:00 pm to
Posted by Thib-a-doe Tiger
Member since Nov 2012
35369 posts
Posted on 5/18/15 at 1:00 pm to
quote:



But that's the thing- depositing less than 10k$ isn't illegal. Someone at the IRS gets to decide what's illegal, and with the stroke of a pen steal anyone's life savings. This is the kind of shite that makes people walk into IRS buildings with crazy eyes.




The stroke of a pen that happened a long time ago. If someone recommends you do something to avoid reporting requirements, wouldn't it cross your mind that you're breaking a law?
Posted by Thib-a-doe Tiger
Member since Nov 2012
35369 posts
Posted on 5/18/15 at 1:01 pm to
I don't know why they didn't charges him, but he was very obviously structuring



Lots of folks who break the tax laws willingly don't get charged though
This post was edited on 5/18/15 at 1:03 pm
Posted by NYNolaguy1
Member since May 2011
20886 posts
Posted on 5/18/15 at 1:06 pm to
quote:

I don't know why they didn't charges him, but he was very obviously structuring


So that whole innocent until proven guilty thing doesn't matter right? If he is guilty, fine, charge him with a crime and a jury will say so. Then take his money and house and what ever else.

Posted by Thib-a-doe Tiger
Member since Nov 2012
35369 posts
Posted on 5/18/15 at 1:08 pm to
You do realize that you could pay your taxes in full, maybe even overpay them, and still be thrown in jail for not filing a tax return?
Posted by stlslick
St.Louis,Mo
Member since Nov 2012
14054 posts
Posted on 5/18/15 at 1:08 pm to
And people wonder why Government buildings are targeted and Anti-Govt Militias in this country are growing

Government is out of control. And this president have given you a look at Chicago politics, where any dissent is squashed, by threat, and use of government means.

People have given up so many of their rights, that they are now starting to slowly realize, we are all fricked.

For christs sake, the NSA wanted to be able to drone Americans, keep Americans in prison with out charges or representation,etc.

When the Government has the citizens needing them and in fear, they gain even more power. The more power, the more the People lose.



Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51270 posts
Posted on 5/18/15 at 1:17 pm to
New Mexico actually made civil asset forfeiture illegal this year. It is almost entirely forbidden in North Carolina.

Hopefully, more states wise up.
Posted by NYNolaguy1
Member since May 2011
20886 posts
Posted on 5/18/15 at 1:20 pm to
quote:

You do realize that you could pay your taxes in full, maybe even overpay them, and still be thrown in jail for not filing a tax return?


Sure, and I would still get a trial by my peers. I am not arguing that breaking the law is ok. I am arguing that seizing property without a conviction is exactly the sort of thing that Americans once accused the Soviets/Nazis of doing.
Posted by Geaux1
BR
Member since Oct 2008
1806 posts
Posted on 5/18/15 at 1:21 pm to
Department of treasury seized my 11k federal tax return due to an agent typo.
However, as they agent put it, "good news is we will return your money in 8-10 weeks".
Posted by TigerNlc
Chocolate City
Member since Jun 2006
32494 posts
Posted on 5/18/15 at 1:24 pm to
quote:

On the advice of a bank teller, McLellan made most of his cash deposits in chunks of $10,000 dollars or less.

The teller probably didn't want to fill out the paper work.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 5/18/15 at 1:28 pm to
quote:

Department of treasury seized my 11k federal tax return due to an agent typo.
However, as they agent put it, "good news is we will return your money in 8-10 weeks".


Was this after you received it? I had them take right around 10k from me based on a mistake and they put it back into my bank account literally the same day. Well, they released the hold on it which made it show back up in my account.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 5/18/15 at 1:30 pm to
quote:

I don't care for the IRS, but the guy was breaking the law. Had he done what he was supposed to, this wouldn't have happened


Do we know that? Was he depositing say... $19,000 in two separate deposits of $9,500 each? , or was he reaching the point where his cash on hand was say.... $9,900 and he said... "hey, I better go ahead a make a deposit, because I don't want to go over the $10,000 limit"? The first one would be structuring. The second, not so much, would it?
Posted by ProjectP2294
South St. Louis city
Member since May 2007
70225 posts
Posted on 5/18/15 at 1:37 pm to
quote:

The teller probably didn't want to fill out the paper work.


That was my feeling as well, which is why he should go after the bank for opening him up to this.

It's still a bullshite move to seize the money and completely frick him with not real evidence. But there are two shitty things here, not the just the IRS shittiness, which has almost no recourse, and the bank shittiness, which should have some recourse.
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
18662 posts
Posted on 5/18/15 at 2:02 pm to
quote:

So I have to ask you, was your post just ignorant, or another example of towing the company line, b/c the state and feds are heading in opposite directions on this practice?


I know that state and local officers go after drug money, but they procedures and strict measures to follow in most states. This was just a money grab from the IRS.


BTW, I have no company line to follow since I retired.
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29435 posts
Posted on 5/18/15 at 2:03 pm to
From the article. This US attorney needs to be fricking lynched!
quote:

But in spite of all this, the IRS continued to prosecute its claims against Lyndon McLellan's money. When the Institute for Justice publicized the case earlier this year, and it took front and center in a congressional hearing, the U.S. attorney in charge of McLellan's case sent a letter to his lawyers. It read, in part:

Whoever made [the case documents] public may serve their own interest but will not help this particular case. Your client needs to resolve this or litigate it. But publicity about it doesn’t help. It just ratchets up feelings in the agency. My offer is to return 50% of the money. The offer is good until March 30th COB.



Sounds like a threat. frick that dude with an AIDS dick.
This post was edited on 5/18/15 at 2:07 pm
Posted by Pax Regis
Alabama
Member since Sep 2007
12932 posts
Posted on 5/18/15 at 2:13 pm to
It's ridiculous that structuring is a crime at all. At best it is POSSIBLE secondary evidence of a crime. Like making it illegal to put gas in your car because you might use it to speed later.
Posted by Geaux1
BR
Member since Oct 2008
1806 posts
Posted on 5/18/15 at 7:29 pm to
quote:

quote: Department of treasury seized my 11k federal tax return due to an agent typo. However, as they agent put it, "good news is we will return your money in 8-10 weeks". Was this after you received it? I had them take right around 10k from me based on a mistake and they put it back into my bank account literally the same day. Well, they released the hold on it which made it show back up in my account.



No I had not received money yet. When I called treasury they stated they already "sent" the money to the sba. When I spoke to sba they admitted it was an error on their part
And that a "transition period" of up to two weeks before they receive,
And then another 6-8 weeks for refund. My response was you took it immediately, return it via direct deposit. She replied has to be a paper check and that's how long it takes period and she is "very sorry."
This post was edited on 5/18/15 at 7:32 pm
Posted by NoSaint
Member since Jun 2011
11278 posts
Posted on 5/18/15 at 8:06 pm to
quote:



That was my feeling as well, which is why he should go after the bank for opening him up to this.

It's still a bull shite move to seize the money and completely frick him with not real evidence. But there are two shitty things here, not the just the IRS shittiness, which has almost no recourse, and the bank shittiness, which should have some recourse.



That it said he was only insured for $10k at a time seems like a good enough reason to not leave home with more than $10k.

And for all we know he showed up with $11k and the teller simply told him the cutoff was $10k when he asked why the extra paperwork and didn't twist his arm into it.
Posted by Thib-a-doe Tiger
Member since Nov 2012
35369 posts
Posted on 5/18/15 at 8:17 pm to
quote:



Do we know that? Was he depositing say... $19,000 in two separate deposits of $9,500 each? , or was he reaching the point where his cash on hand was say.... $9,900 and he said... "hey, I better go ahead a make a deposit, because I don't want to go over the $10,000 limit"? The first one would be structuring. The second, not so much, would it?


Any attempt to avoid depositing more than 10k because of the reporting requirements is structuring
Posted by Mizzoufan26
Vacaville CA
Member since Sep 2012
17218 posts
Posted on 5/18/15 at 8:55 pm to
The guy only had 100k, it's not like it's an absurd amount of smaller deposits over a year.
Posted by bulldog95
North Louisiana
Member since Jan 2011
20713 posts
Posted on 5/18/15 at 9:10 pm to
Coffee cans and glass jars buried and then several hard copies and GPS map locations for future wuthdrawls.
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