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by kfcm 4032 days ago
Let's examine this law via the perspective of speed limits.

In the US, most interstate highway systems have a speed limit of 70 miles/hour (around 112-113 km/hour). If you go over 70 mph and run into a police officer having a bad day, you'll get a ticket.

Say you're on a particular stretch of interstate which is populated by officers with a reputation of consistently coming after drivers traveling even 1 mph over the limit (eg 71 mph).

So, to err on the side of caution, you limit your driving to between 65 and 69 mph.

You're driving along at 65-69 mph thinking all is well in the world, when the flashing lights appear behind you. You pull over, the officer comes up, and The Question comes out: "Is there a problem officer?"

The officer looks you over and asks "Do you know how fast you were going?"

You get a puzzled look on your face. "Well, I couldn't have been speeding. I know you guys are pretty strict about speeding around here, so I set the cruise control right at 67 mph."

"So you know that speeding around here will get you a ticket, and you intentionally kept your speed below the speed limit?"

"Yes sir."

"Well, I'll need you to step out of the car please."

"Um sure, but why?"

"We have an anti-evasion law around here which makes it illegal for you to knowingly and intentionally go below the speed limit in order to avoid the possibility of going over and getting a ticket. The penalty is 30 days in jail vs the $100 speeding ticket. Since you admitted to intentionally going under the speed limit, I'm placing you under arrest."

Insanity, I tell you.

4 comments

The problem with your analogy is that the reporting requirements are not analogous to a speed limit.

The intent of a speed limit is to increase safety by, uh, limiting speeds.

The intent of the financial reporting laws is to limit money laundering by tracking the movement of large amounts of cash (and other negotiable instruments).

So back to the analogy, going below the speed limit is a way of following the rules. Making transactions below the reporting limit in order to avoid the reporting is not a way of following the rules (it's an explicit attempt to avoid them).

I guess you might be able to find a bank that would help you report transactions that are below the $10,000 limit (which would be an act that is more analogous to staying below the speed limit).

The metaphor is not apt. There would be nothing wrong with him withdrawing $32,000, nor with him withdrawing $8,000. The crime was withdrawing $32,000 while evading the reporting requirements. It's not remotely the same as staying under a speed limit.
Not to mention lying to the FBI about it. It's not the crime that'll get you, it's the coverup.
A better analogy - Let us say you know there are set locations (speed traps) where, if you are caught going over 70 MPH, you are given a speeding ticket. But, you still want to go fast. So, in order to avoid the speed traps, you drive 100 MPH between the speed traps, and then slow down to 70 MPH (or just under) when you get to the speed traps.
The difference is that the law doesn't regard reporting as a punishment/hardship, so it's not a darned if you do / darned if you don't situation in the eyes of the law.