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re: Georgia deputies seize over $500,000 in cash during traffic stop

Posted on 3/11/19 at 2:25 pm to
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/11/19 at 2:25 pm to
quote:

That's from a bank, I don't think you should be able to seize assets without cause


I dunno.

The article says wrapped like they wrap cocaine which makes me wonder if the money was shrink wrapped.

Often times large seizures are taken to banks to have it counted and the banks will band it as they count it.

Also good chance this seizure came from a tip.

***not saying this is what happened just that we are probably missing some details***
Posted by mofungoo
Baton Rouge
Member since Nov 2012
4583 posts
Posted on 3/11/19 at 2:26 pm to
quote:

quote:There is an anti money laundering statute for banking and financial institutions, but this mysterious obsession with 10k has nothing to do with possessing cash.

quote:

It's not about possessing the cash. It's about entering it into (or withdrawing it from) the financial system.

Correct. When depositing or withdrawing $10K or more in cash, a CTR (Cash Transaction Report) must be filed with the govt. This goes for banks, CUs, casinos, or any sort of banking institution. It is perfectly legal to carry any amount of cash, but with thieving cops trying to grab anything they can, it is wise to have bank receipts or other paperwork showing that it came from a legal source. It is also smart to be able to show what the money is for - to purchase a vehicle, enter a poker tournament, going to an auction, etc. I know people who also carry a letter from their attorney explaining the purpose of the cash.

It's better to get a check for casino winnings, auto sales, etc. because even if seized (not likely) it can be replaced more easily than recovering cash.
This post was edited on 3/11/19 at 2:32 pm
Posted by TigerDonk
BR
Member since Dec 2011
1248 posts
Posted on 3/11/19 at 4:43 pm to
quote:

mofungoo


Yeah not sure why VAdawg was responding. He clearly missed
quote:

mysterious obsession with 10k has nothing to do with possessing cash


My response is simply that individual liberty and rights should outweigh convenience of enforcement with CAF.
Posted by chinhoyang
Member since Jun 2011
23744 posts
Posted on 3/11/19 at 4:57 pm to
They apparently haven't read the recent unanimous SCOTUS opinion on forfeitures.
Posted by VADawg
Wherever
Member since Nov 2011
45189 posts
Posted on 3/11/19 at 5:15 pm to
quote:

When depositing or withdrawing $10K or more in cash, a CTR (Cash Transaction Report) must be filed with the govt. This goes for banks, CUs, casinos, or any sort of banking institution


This applies to precious metal dealers as well if they're abiding by the law.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35668 posts
Posted on 3/11/19 at 5:21 pm to
quote:

So it is a crime to have a lot of cash?


Legal transactions involving cash amounts like that are few and far between. Legal transactions are done via cashiers check, certified funds and bank transfers (EFT).

Some of you need to get off your high horse and simply think about how piles of cash like that are generated.
Posted by touchdownjeebus
Member since Sep 2010
24846 posts
Posted on 3/11/19 at 8:41 pm to
quote:

Because no one in their right mind carries cash like that and is not up to something illegal


Maybe he wasn’t in his right mind then. Still not illegal. I’ve had several thousand (not 500k) on me several times and was doing absolutely nothing illegal. I would hate to think a cop can seize my 5-10k for shits and giggles...
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9699 posts
Posted on 3/11/19 at 10:04 pm to
quote:

I'm sure someone in this thread has done the research, but any time a story comes up like this, is it ever an otherwise law abiding citizen that has the money from purely legal avenues?

Didn’t have to search long at all...

LINK
Victim: Dale Augostini
Location: Tenaha, TX
Amount: $50,000
Time to Return: 1 year
quote:

According to records for the traffic stop, Tenaha deputy city marshal Barry Washington pulled over Agostini's vehicle because it was going too slow in a "passing only" lane. A search by a drug-sniffing police dog led to the discovery of $50,000 in Agostini's luggage.

In his suit, Agostini says he explained that he often dealt in cash transactions in his restaurant business. But Washington said he was going to arrest everyone in the vehicle and contact CPS because "everybody is lying," the suit says.

Agostini asserts in the suit that authorities even denied his request to kiss the boy goodbye.

A year later, the money laundering charge was dropped and the $50,000 was returned after Agostini hired an attorney who provided records verifying the restaurant owner's business history.


LINK
Victim: Charles Clarke
Location: Cincinnati, OH
Amount: $11,000
Time to Return: 3 years
quote:

The federal government agreed to return $11,000, plus interest payments, it seized from a young man traveling to Florida nearly three years ago under laws that allow law enforcement to take property if it suspects it’s tied to a crime.

In February 2014, Charles Clarke, who was 24 at the time, was waiting for a flight at the Cincinnati/Northern Kentucky International Airport when officers with a Drug Enforcement Administration task force and the airport police department seized his cash using civil asset forfeiture.


LINK
Victim: Stephen Skinner
Location: Albuquerque, NM
Amount: $17,000
Time to Return: 2 years
quote:

After two years, Stephen Skinner and his son are getting back the nearly $17,000 in cash Albuquerque police confiscated from them during a minor traffic stop in 2010 in which no charges were ever filed.
...
In the case of Skinner and Breasher, the seizure was made after a drug dog alerted police to a vehicle that was stopped during a routine traffic stop and “in light of other circumstances indicating that the currency might be associated with drug trafficking.”
...
“We’re standing out there about two hours,” Skinner said. “(The officer) is trying to call DEA and FBI. He told me that. Then he says, ‘You guys can go.’ We put stuff back in bags. As we were getting ready to leave, I looked at him and said, ‘All of this for nothing.’ He said, ‘Trust me, it’s not over.’ ”

It wasn’t.

After a 45-minute fast-food stop in Las Vegas, N.M., they continued to Albuquerque, where they were stopped by Albuquerque police – this time Breasher was driving – for allegedly making improper lane changes. Skinner believes the Raton officer contacted police in Albuquerque.
...
On the heels of APD officers was Immigration and Customs Enforcement. Before the day was over, the rental car had been towed, their cash taken and the two were dropped at the Albuquerque Sunport with only the coins, Skinner said.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9699 posts
Posted on 3/11/19 at 10:11 pm to
quote:

Because no one in their right mind carries cash like that and is not up to something illegal. But, if you can’t prove that he did something illegal then you can’t seize it or press charges. You’re right, there is nothing illegal about carrying that kind of cash. The cops can’t seize shite without evidence, but that dude was up to something. If the officers seized that money without proof that he was committing a crime, they made an illegal seizure no matter how sure they were that the guy was dirty.



LINK
quote:

Rivers, you may recall, is the young man from the Detroit suburbs who was headed west to Los Angeles to seek his fortune as a rapper and music video producer when the Amtrak train he was traveling in made a stop April 15 in Albuquerque and his $16,000 in cash, stored in an envelope in a blue suitcase, was seized by DEA agents who had a hunch – but no search warrant, charging document or probable cause – that the cash was connected with criminal activity.
quote:

As Albuquerque DEA head agent Sean Waite so curiously put it in my previous column: “We don’t have to prove that the person is guilty. It’s that the money is presumed to be guilty.”
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9699 posts
Posted on 3/11/19 at 10:25 pm to
quote:

Exactly. Not sure why people are acting like having 500k wrapped up isnt deserving of proof. 10k has been well established for a long time.

If you truly believe this, write your congressman and ask them to pass a bill making it illegal to carry over $10k in cash without some sort of documentation. Then, everyone being “shady” by carrying large sums will actually be in the wrong. See how the rule of law is supposed to work?
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 3/12/19 at 12:59 am to
quote:

There's a division of fault. And it begins with the person carrying such a large quantity of money.


Which is not illegal in any manner.
Posted by marshallmadmen
Member since Feb 2010
175 posts
Posted on 3/12/19 at 10:02 am to
I'm not sure about Georgia but in Louisiana you cannot carry over 10k without proof of how you got the money. Bank receipt, voucher from casino etc. If you have over 10k and do not have proof of why you have so much money it is subject to be seized until you can prove it lawfully belongs to you.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9699 posts
Posted on 3/12/19 at 11:06 am to
quote:

I'm not sure about Georgia but in Louisiana you cannot carry over 10k without proof of how you got the money.

Show me the statute that says an individual cannot carry over $10,000 in cash without documentation of its source.

LINK
quote:

Notably, however, having a sum of $10,000 or more is not specifically illegal in any jurisdiction or under any law in the United States. You may legally store cash as you wish in your home and carry it with you in your travels, and if you’re traveling privately you need not report the transport of your own money even if you carry $10,000 or more.
Posted by mofungoo
Baton Rouge
Member since Nov 2012
4583 posts
Posted on 3/12/19 at 11:31 am to
quote:

Legal transactions involving cash amounts like that are few and far between. Legal transactions are done via cashiers check, certified funds and bank transfers (EFT).

Some of you need to get off your high horse and simply think about how piles of cash like that are generated.

There are plenty of reasons that a person could wind up with a bunch of cash:

* Win it in a poker game or at a casino.

* Sell a car for cash (I won't take a check from a random buyer).

* Sell a home that was part of an inheritance, with other people involved in the succession who demanded to be paid in cash.

All of these things have happened to me, resulting in me possessing $15,000 - $57,000 in cash, all perfectly legal transactions.
This post was edited on 3/12/19 at 11:33 am
Posted by mofungoo
Baton Rouge
Member since Nov 2012
4583 posts
Posted on 3/12/19 at 11:37 am to
quote:

'm not sure about Georgia but in Louisiana you cannot carry over 10k without proof of how you got the money. Bank receipt, voucher from casino etc. If you have over 10k and do not have proof of why you have so much money it is subject to be seized until you can prove it lawfully belongs to you.

bullshite!!!
Posted by marshallmadmen
Member since Feb 2010
175 posts
Posted on 3/12/19 at 12:16 pm to
K
Posted by Picayuner
Member since Dec 2016
3499 posts
Posted on 3/12/19 at 12:21 pm to
Just an Alabama bagman delivering the goods to a recruit.
Posted by UAinSOUTHAL
Mobile,AL
Member since Dec 2012
4841 posts
Posted on 3/12/19 at 12:37 pm to
quote:

As Albuquerque DEA head agent Sean Waite so curiously put it in my previous column: “We don’t have to prove that the person is guilty. It’s that the money is presumed to be guilty.”


This is exactly how they get away with it. When they charge a case it's always the USA vs. $50,000. They never charge the person because the person has right and can speak from themselves. The money does not. It's shady as frick and needs to be outlawed.
Posted by Bigbee Hills
Member since Feb 2019
1531 posts
Posted on 3/12/19 at 12:38 pm to
Wait-wait-wait-wait...wait...

To quote you:

quote:

I'm not one of these types that thinks its ok for illegal behaviors to take advantage of those to skirt it all. Why we have some many problems right now in this country.


What does this even mean? There is no logic in this statement. It is contradictory in and of itself, and to your first statement that you are "all about freedoms." No, sir, you are not all about freedoms. You cannot "skirt" a freedom while that same freedom also be considered illegal.

Mainly because laws do NOT grant us our rights and freedoms- THEY ARE INALIENABLE, but even if they did grant us freedom, then by definition, BREAKING the LAW is not skirting the law, it is BREAKING THE LAW.

I cannot be given the right, the freedom, to carry $500k in cash on me, and then actually DO that, and then be skirting that freedom by actually doing it... can I? Or can I? It either is or isn't against the law.

And so you say that the reason why we have so many problems in this country is BECAUSE we have too many freedoms for criminals to take advantage of- to skirt?

That, sir, is ludicrous. The problem with this country is that we have so MANY laws that no one person or people can make sense of it all. We are all in violation of our bloated legal code. LAWS don't = FREEDOM and laws don't = life liberty and the pursuit of happiness. THAT IS OUR F'ING PROBLEM.

Laws do not CREATE freedom and freedom does not CREATE criminals or opportunities for criminals. The same economic laws (I pay you for your product or service) and fundamental human rights (staking claim to property that is rightfully mine, e.g. cash) that allows my legal enterprise to operate also allow a criminal enterprise to "package money like cocaine" and utilize it as they see fit. The problem is not my legal enterprise, the problem is the criminal, and no law will deter him, but it WILL strip me of even more freedom, of even MORE of my rights and of life, liberty and the pursuit of happiness.

If I want to carry $500k in cash wrapped up like cocaine (which is a subjective claim and offensive to drug dealers who were born with a touch of femininity and package their product cute as button), just like a criminal would do, then I ought to gotdayumed well be able to, and no law should GIVE me that right, because using and owning property that is rightfully mine is an inalienable, God-given right. Period.
This post was edited on 3/12/19 at 12:40 pm
Posted by KamaCausey_LSU
Member since Apr 2013
14668 posts
Posted on 3/12/19 at 12:56 pm to
quote:

No drugs were found, but deputies found and seized $508,000 stuffed inside duffel bags inside a dog food bag.

Dog food prices are out of control.
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