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NE: Disbarment for conviction for structuring of bank deposits

By John Wesley Hall, Jr.

A guilty plea to structuring of bank transactions (3 $9k deposits on consecutive days) was a crime of moral turpitude because structuring has been a crime for a long time. When coupled with other violations of DRs, the attorney is disbarred. State of Nebraska ex rel. Counsel for Discipline v. Weintroub, 277 Neb. 787 (May 22, 2009): Contrary to Wintroub’s characterization, [31 U.S.C.] § 5324 is not a strict liability or merely a “technical” crime. Section 5324 requires the mens rea of knowing of the bank reporting requirements and knowingly circumventing those requirements. Thus, Wintroub’s conviction establishes that he knowingly hid his cash transaction with Storey from the government, knowing the government wished to be informed of the transaction...continue to full post

Full post as published by Law Of Criminal Defense on May 23, 2009 (boomark / email).