Dr. David Edward Marcinko MBA MEd
SPONSOR: http://www.MarcinkoAssociates.com
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FINANCIAL DEFINITIONS
Cash bank withdrawal structuring—commonly referred to simply as structuring—is the deliberate act of breaking up cash transactions into smaller amounts to avoid triggering federal reporting requirements. While many people associate structuring with deposits, the law applies equally to withdrawals, and the consequences are just as serious. Even when the money involved is completely legitimate, structuring is considered a federal offense because it involves intentionally evading legally mandated financial reporting.
The foundation of this issue lies in the Bank Secrecy Act, which requires financial institutions to report certain cash transactions to help detect money laundering, tax evasion, and other financial crimes. Banks must file a Currency Transaction Report (CTR) for any cash transaction—deposit or withdrawal—exceeding $10,000 in a single business day. These reports are routine and do not imply wrongdoing. However, some individuals attempt to avoid this reporting by conducting multiple smaller transactions, believing that staying under the threshold will keep their activity unnoticed. The law makes it clear that intentionally structuring transactions to evade reporting is illegal.
Structuring can take many forms. A person might withdraw $9,900 one day, $9,800 the next, and $9,700 the day after that. Another might visit several branches of the same bank to withdraw smaller amounts, hoping to avoid detection. Even asking a teller how much can be withdrawn “without paperwork” can be interpreted as evidence of intent. The key factor is not the amount of money itself but the intent to avoid the reporting requirement. This means that even if the funds are entirely lawful, the act of trying to avoid a CTR is what creates legal exposure.
Financial institutions are required to monitor for patterns that may indicate structuring. Banks use internal systems to detect unusual patterns, such as repeated withdrawals just below the reporting threshold or multiple transactions spread across different branches. When a bank detects behavior that appears designed to evade reporting, it must file a Suspicious Activity Report (SAR). Unlike CTRs, SARs are confidential, and customers are not informed when one is filed. These reports can trigger further review by federal agencies responsible for investigating financial crimes.
The consequences of structuring can be severe. Violations can lead to criminal charges, civil penalties, asset forfeiture, and long-term investigations by agencies such as the IRS or financial crime enforcement authorities. Importantly, the legality of the money does not protect someone from prosecution. Courts have consistently held that structuring is a crime based on the act of evasion itself, not the source of the funds. As a result, even business owners or individuals withdrawing their own lawfully earned money can face penalties if they intentionally avoid reporting requirements.
Understanding structuring is essential not only for compliance but also for avoiding accidental red flags. Large cash withdrawals are perfectly legal, and banks routinely file CTRs without issue. Problems arise only when someone attempts to avoid these filings. The safest and simplest approach is to conduct necessary transactions openly and allow the bank to complete any required reporting. Transparency protects both the customer and the financial institution.
In summary, cash bank withdrawal structuring is the intentional manipulation of transaction amounts to evade federal reporting rules. It is prohibited under the Bank Secrecy Act and carries significant legal risks. By understanding what structuring is, how it is detected, and why it is taken seriously, individuals can ensure their financial activities remain compliant and avoid unintended legal consequences.
COMMENTS APPRECIATED
SPEAKING: Dr. Marcinko will be speaking and lecturing, signing and opining, teaching and preaching, storming and performing at many locations throughout the USA this year! His tour of witty and serious pontifications may be scheduled on a planned or ad-hoc basis; for public or private meetings and gatherings; formally, informally, or over lunch or dinner. All medical societies, financial advisory firms or Broker-Dealers are encouraged to submit an RFP for speaking engagements: CONTACT: Ann Miller RN MHA at MarcinkoAdvisors@outlook.com -OR- http://www.MarcinkoAssociates.com
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