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Why Is It a Crime For Dennis Hastert To Evade Government Scrutiny?

HughPickens.com writes: Dennis Hastert is about the least sympathetic figure one can imagine. The former House Speaker got filthy rich as a lobbyist trading on contacts he gained in office, and his leadership coincided with Congress's abject failure to exercise oversight or protect civil liberties after the September 11 terrorist attacks. Now, Hastert stands accused of improper sexual contact with a boy he knew years ago while teaching high school and trying to hide that sordid history by paying the young man to keep quiet. If federal prosecutors could meet the legal thresholds for charging and convicting Hastert of a sex crime, they would be fully justified in aggressively pursuing the matter.

Yet, as Conor Friedersdorf writes in The Atlantic, the Hastert indictment doesn't charge him for, or even accuse him of, sexual misconduct. Rather, as Glenn Greenwald notes, "Hastert was indicted for two alleged felonies: 1) withdrawing cash from his bank accounts in amounts and patterns designed to hide the payments; and 2) lying to the FBI about the purpose of those withdrawals once they detected them and then inquired with him." It isn't illegal to withdraw money from the bank, nor to compensate someone in recognition of past harms, nor to be the victim of a blackmail scheme. So why should it be a crime to hide those actions from the U.S. government? The current charges could be motivated by a desire to prosecute Hastert for sex crimes. But that dodges the issue. "In order to punish him for that crime, the government should charge him with it, then prosecute him with due process and convict him in front of a jury of his peers," says Greenwald. "What over-criminalization does is allow the government to turn anyone it wants into a felon, and thus punish them without having to overcome those vital burdens. Regardless of one's views of Hastert or his alleged misconduct here, it should take little effort to see why nobody should want that."

510 comments

  1. Why? by fustakrakich · · Score: 5, Insightful

    to turn anyone it wants into a felon!

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:Why? by ShanghaiBill · · Score: 5, Insightful

      to turn anyone it wants into a felon!

      Dennis Hastert was one of the most powerful people in America, 2nd in line to the presidency. During that time, he did nothing to reform these abusive reporting laws, or do much of anything else to protect common citizens from government power. So it is hard to feel sympathy for someone victimized by a system that they helped to create.

    2. Re:Why? by fustakrakich · · Score: 1

      was one of the most powerful people in America

      *not any more*

      Hotel California

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Why? by sycodon · · Score: 5, Insightful

      So...no reason to reform them now because...Hastert!?

      Will you feel sympathy for the next small business owner who gets caught up in this "structuring" bullshit?

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    4. Re:Why? by Anonymous Coward · · Score: 0

      Why?

      Because the statute of limitations expired for his original crime. /thread

      Doesn't it make sense to charge him with something, or should they just let him off free?

    5. Re:Why? by jellomizer · · Score: 1

      In politics, a successful career seems to legitimizes the stance of the political party. Finding evidence that the person was far from perfect and vilify him in the eyes of the people, pinpoints how the political party is more corrupt than the other side.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    6. Re:Why? by DutchUncle · · Score: 4, Insightful

      It's not about sympathy for this slimeball; it's about whether this is an overreach that gives security authorities an interest in: a couple transferring money from one account to another, or a sole-proprietorship transferring money between personal to business accounts, or one person paying another for a car or boat, or any other legitimate transfer of money between people. "If you're not doing anything wrong, you have nothing to hide", and maybe the nice investigating agent will understand and close the case . . . or maybe they'll just assume that (cash == drugs) and keep tailing and watching you forever.

    7. Re: Why? by Cytotoxic · · Score: 4, Insightful

      This is certainly one of the motivations. ,This article provides a lot of good links on the topic.

      By combining anti-structuring laws with asset forfeiture the feds can steal most anything they'd like. There have been a lot of stories in recent years about small businesses that make frequent deposits under 10k getting their accounts and even their business siezed.

      All without even an allegation of any criminal activity other than making deposits that are below the threshold for reporting. The drug warriors thought they were playing a game of gotcha with the drug kingpins. Nice work, geniuses....

    8. Re:Why? by FooAtWFU · · Score: 5, Insightful

      it is hard to feel sympathy for someone victimized by a system that they helped to create.

      Maybe, but you know, our justice system isn't supposed to be about whether or not you're likeable enough, either.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    9. Re:Why? by Iamthecheese · · Score: 5, Insightful

      It's not about this case. I have no sympathy for the man. None. But if they can indict his cash they can indict mine, and I want every legal protection (in particular the fourth amendment) to apply. If the constitution doesn't apply in every case it doesn't apply at all.

      --
      If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    10. Re:Why? by Rei · · Score: 1

      Wherein the person being persecuted files a malicious prosecution case. Malicious prosecution being illegal is an entirely different issue than the question of whether a person being investigated has a right to interfere with the investigation simply because they believe themselves to be innocent. And furthermore, in what way was investigating a person who appears to be laundering money "malicious prosecution"? The police are supposed to investigate reports of money laundering.

      You no more have the right to interfere with an ongoing investigation than you have the right to punch the officer doing it. If you think the investigation is persecution, bring it to court. If you don't want to talk, plead the fifth. What you don't have the right to do is lie to the police who are doing their job investigating suspicious financial transactions.

      --
      "Who the **** put an emergency exit in the interrogation room?!" -- Police chief, "Jesus Christ Supercop"
    11. Re:Why? by Moof123 · · Score: 4, Insightful

      We are all un-indicted felons. There are so many laws on the books that we are completely unaware of, and many laws were written very broadly to avoid people getting out of a crime on a technicality. The result is that once you are in the cross hairs of a federal persecutor there is a very high likelihood than the vast majority of us could be hauled into court and prosecuted for benign things that are illegal.

      Be thankful there are juries and defense lawyers who can dispense with a lot of improper gray area use of law, but that is not assured, and can be very costly in terms of time, money, stress, and public opinion in the meantime.

      In this case I don't personally like the guy, but I'd rather not have to explain every $10k withdrawal ($10k is not what it used to be). Also, what if he was honest about being blackmailed and the FBI could was unable to do anything about it? It leaves information with a government agency that has a long track record of egregious behavior including, but not limited to, leaking investigation details.

    12. Re:Why? by Anonymous Coward · · Score: 0

      We're not worried for Hastert, we're worried for other people who will be prosecuted in this manner. Hastert's just a high-profile example which has helped this issue make the Slashdot greenlight.

    13. Re:Why? by Anonymous Coward · · Score: 1

      There's a difference between deliberately trying to evade detection of violation of banking laws and being unaware (mens). Most criminal laws, in fact, require either intent to be established or use intent as a major factor in sentencing. For example, the difference between manslaughter and murder is one of intent. Hassert, most certainly, demonstrated intent in evading banking law which requires documentation of cash transactions, where as the many businesses caught up were trying to keep their cash on hand under insurance thresholds, which was not an intent to violate banking law.

    14. Re:Why? by Anonymous Coward · · Score: 0

      Yes, it's hard to feel sympathy for Hastert -- but that doesn't mean the government should railroad him. This is about civil rights, freedom, and the law -- not about sympathy for an individual.

    15. Re:Why? by Anonymous Coward · · Score: 0

      Right. His answer to the police should have been, "It's none of your business how I spend my money."
      Not a lie.
      If they don't accept that get a lawyer and plead the fifth.
      He was stupid to lie. He was stupid to even talk to the police. You can not be impelled to talk to the police. He's rich enough to have gotten a lawyer and appears not to have.

    16. Re:Why? by PRMan · · Score: 1

      Worse. They are charging him with these "crimes" because he is "high court" and they can give him less punishment than the statutory minimum.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    17. Re:Why? by PRMan · · Score: 1

      Or maybe they'll decide they don't like a Creationist ministry... They just dropped "structuring" charges against Kent Hovind after almost a decade. Sounds like a convenient way to silence free speech.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    18. Re:Why? by Anonymous Coward · · Score: 0

      Yep, they should let him off free and never have wasted the people's resources investigating a possible crime that is now moot due to statute of limitations. If there are no real, prosecutable, crimes to investigate, lay off some FBI agents and save money. If there are such crimes, investigate them.

    19. Re:Why? by myowntrueself · · Score: 1

      Wherein the person being persecuted files a malicious prosecution case. Malicious prosecution being illegal is an entirely different issue than the question of whether a person being investigated has a right to interfere with the investigation simply because they believe themselves to be innocent. And furthermore, in what way was investigating a person who appears to be laundering money "malicious prosecution"? The police are supposed to investigate reports of money laundering.

      You no more have the right to interfere with an ongoing investigation than you have the right to punch the officer doing it. If you think the investigation is persecution, bring it to court. If you don't want to talk, plead the fifth. What you don't have the right to do is lie to the police who are doing their job investigating suspicious financial transactions.

      the police in the USA fabricate suspicion as needed.

      They'll stop your car, see some empty cans of energy drink, if you let them search the car and they find cash they can fabricate the suspicion "drug money!" and confiscate it on the spot. You then have a huge legal battle to get the money back.

      I think under these conditions the police are no better than bandits and lying to them, hiding things from them, become the natural thing to do.

      --
      In the free world the media isn't government run; the government is media run.
    20. Re:Why? by PRMan · · Score: 3, Informative

      Kent Hovind is doing this now: http://freekenthovind.com/2015/05/18/there-was-never-a-case-against-kent-hovind-malicious-prosecution-being-looked-at/, but that doesn't stop the fact that he spent the last 8 years in jail for no reason (all charges have now been dropped except a contempt charge for filing a lis pendens from jail to stop the seizure of his property before his case is over!).

      Sounds good on a Slashdot post, but in real life it's not looking all that useful.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    21. Re:Why? by CensorshipDonkey · · Score: 3, Insightful

      It's not like he didn't know what he was doing. He voted for the law. He was advised by his bank that he was breaking the law. All he had to do was file some paperwork about his withdrawals. He deliberately avoided the law instead, and is now being prosecuted for it. Seems like everything is working okay to me.

    22. Re:Why? by operagost · · Score: 1

      Until it's you, right?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    23. Re:Why? by currently_awake · · Score: 3, Insightful

      The reason for Human Rights is to protect everyone. Attempts to undermine Human Rights always start with the least popular members of society, and move up until everyone has lost. This is the reason that defending Human Rights usually involves defending the scum of humanity.

    24. Re:Why? by Penguinisto · · Score: 1

      Note that there is a difference between the actions of an individual that the rest of the party had no clue about, and the actions of an individual that the rest of the party comes rushing to the defense of.

      Hastert is most certainly the former - dude does something criminal/stupid long ago, but the rest of the party has no clue that it happened. Note that no one credible in his party is defending his actions, pre or post.

      There are however plenty of examples of politicians in a certain other party that have committed outright crimes, yet are hotly defended by their party at large.

      It's a pretty big difference.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    25. Re:Why? by Anonymous Coward · · Score: 0

      Yeah that's going to be a lot of consolation when they come for you. And they will eventually. They always do.

    26. Re:Why? by Ken+D · · Score: 1

      The law does not apply to transfers. It only applies to CASH transactions. How often do people use thousands of dollars of CASH?

    27. Re:Why? by Anonymous Coward · · Score: 0

      Dennis Hastert was one of the most powerful people in America, 2nd in line to the presidency. During that time, he did nothing to reform these abusive reporting laws, or do much of anything else to protect common citizens from government power. So it is hard to feel sympathy for someone victimized by a system that they helped to create.

      First they came for the former speakers of the House, but I wasn't a former speaker of the House....

    28. Re:Why? by Anonymous Coward · · Score: 0

      The other name for "technicality" is "Constitution".

    29. Re:Why? by Unordained · · Score: 1

      My reading of the link you posted above is that they dropped the mail-fraud and contempt charges stemming from him continuing to file legal documents warning of "dispute" over the properties the government seized (to make the properties undesirable to potential buyers and thus screw the taxpayers) during his prosecution, wherein he and his wife *were* found guilty of (quite a few counts of) structuring, tax evasion, etc. As far as I can tell, the original charges have not been dropped.

      Did the government prosecute them for appearing to purposefully avoid reporting on large withdrawals so they could further hide not paying taxes on the wages paid to their employees (argued to be independent contractors, but there are reasons you can't just claim that when the IRS comes knocking)? Or for being a creationist telling the truth, because the government's just a pawn of atheist, evolutionist, neo-Nazis? You decide.

      Did the government prosecute him for filing Notice of Pending Suit from prison, after the case seizing his properties had concluded, as a form of harassment, trying to prevent the government from doing what the jury of peers agreed they could do, thus the contempt charge? Or were they charging him with mail fraud because filing Lis Pendens in court is a form of freedom of speech the government just cannot allow, because it might allow creationist truth to get out? You decide.

    30. Re:Why? by Headw1nd · · Score: 2

      And it's working as (currently) designed. Really, you can make the case it is obviously fair and impartial, as it's going to town on one of the powerful people who ran it in the first place. He had a chance to change it and didn't think it necessary, if anything he made it more draconian and all-encompassing, so why should we intervene now to save him from it? If you're going to ask people to change the system, I'd suggest starting with a sympathetic case, lest you encourage people that they actually prefer the way it is now.

    31. Re:Why? by Anonymous Coward · · Score: 0

      There is a weird grey area here.

      In the case of structuring laws, the charges are brought against the money itself, and money has no rights, so you have the burden of proof. The money is "guilty until proven innocent". You must provide concrete proof, at your expense, that the money is not culpable, under the standards of a "preponderance of evidence" that your goods are not used in criminal activities.

      If you bring malicious prosecution charges, you must prove your case. Since you are targeting people/government, you must prove by a preponderance of evidence that intentional malicious prosecution took place with specific benefit for the defendant. If you cannot meet this burden of evidence (even if it is patently clear that you are not guilty of the claimed wrongdoing), the case will be dismissed, and filing it will be at your cost.

      If you later have a criminal trial for related crimes, the prosecution must prove that you are guilty "beyond a reasonable doubt".

      So it's entirely possible and actually LIKELY that you will be found "not guilty" in court, and your malicious prosecution charge will be "dismissed", yet you are unable to provide "with a preponderance of evidence" that your property is clean. When all three things happen, the default position is that the government gets to KEEP your goods.

      Perhaps it would be more reasonable if they were required to return them unless they can prove otherwise?

      Perhaps it's not just to have laws that can be enforced so arbitrarily in the first place?

      You're right that interfering with an investigation is a different thing, but I don't think omitting the truth is a lie, per-se. This is why you should never speak with police if you care about your rights.

    32. Re:Why? by cdrudge · · Score: 1

      We are all un-indicted felons.

      You can't be a felon unless you're convicted, and you can't be convicted unless you're indicted. So you can't say we're all un-indicted felons.

    33. Re: Why? by humptheElephant · · Score: 2

      This is certainly one of the motivations. ,This article provides a lot of good links on the topic.

      By combining anti-structuring laws with asset forfeiture the feds can steal most anything they'd like. There have been a lot of stories in recent years about small businesses that make frequent deposits under 10k getting their accounts and even their business siezed.

      All without even an allegation of any criminal activity other than making deposits that are below the threshold for reporting. The drug warriors thought they were playing a game of gotcha with the drug kingpins. Nice work, geniuses....

      Local police too can use civil forfeiture too for their own use. If you are driving and have "too much cash" they can seize it with the excuse you are probably a drug dealer and its up to you to try to go to court to get it back. These laws are way over the top. How about banks that launder money for the drug lords? No one goes to jail because they are WEALTHY and have connections in the right places. They pay a fine admit nothing and go about their business.

    34. Re:Why? by kabulykos · · Score: 1

      Have funds Hastert didn't transfer to the blackmailer been impounded?

    35. Re:Why? by Anonymous Coward · · Score: 0

      No, the issue is that he was a member of Congress that helped push that over-reach. Then got caught in it. Karma says he should hang.

    36. Re:Why? by Frobnicator · · Score: 1

      So it is hard to feel sympathy for someone victimized by a system that they helped to create.

      We've got the same thing, but at the state level.

      Some former state AG's are charged with various money crimes. They include things like accepting large gifts that are mostly fairly weak (e.g. going on a houseboat vacation with long-time business-owner friends and not reporting it as a potential gift).

      They repeated what happened when the police kicked down their door. The former AG was out of town, but police raided with guns drawn. His 17 year old daughter was in the shower at the time of the raid. From the news story: He said they ordered her out of the room with her hands in the air. Four agents wearing body armor pointed guns at her, including one who had a laser sight trained on her chest, he said. "How do you give back innocence to a 17-year-old? She's tiny. She's no threat," Shurtleff said. Eventually they gave her a towel before dragging the whole family onto the front lawn.

      On the one hand, it is completely outrageous. On the other hand, this is the guy (and family) who helped champion that abusive police policy, and he participated in many raids that were identical to the one against him. It is such a rich irony that the guy's life is being destroyed by the same tools he used to destroy the lives of so many others.

      In former AG Shurtleff's case, it is a dramatic irony worthy of a classic Greek tragedy. During his rise in political power he wanted these tools. For his three terms as the AG further built up the monster of aggressive police practices, and he dismissed and ignored claims by citizens about the abusive practices. But then very soon after leaving office, after he lost his political power, the terrible beast he created turns to attack him, and suddenly he cries to those now in power with the same words he dismissed when he was the beastmaster.

      Dennis Hastert is in a similar situation. He spend many years of his career in politics writing laws and helping the government go after other politicians in the oversight committee, and even helped co-sponsor laws that destroyed personal privacy, despite warnings by privacy groups. He isn't charged with the crimes that actually or potentially harmed the child. He is charged for something that (when he was in power) he helped create. Not harming a child, not endangering another's welfare, but with trying to have a little privacy -- the same thing he helped destroy.

      --
      //TODO: Think of witty sig statement
    37. Re:Why? by Moof123 · · Score: 1

      Poor choice of words on my part. My main point is simply that we have so many broadly written laws that it has actually become very difficult to get through a typical day without breaking a few laws, and even harder to even know what the heck is actually illegal anymore.

      Odds are very good nothing will come of it, but it can be hugely chilling. Someone who becomes outspoken has to stop and think what in their past could be used or twisted to convict them if the powers that be choose to given them extra scrutiny.

    38. Re:Why? by Bookworm09 · · Score: 1

      It's not about sympathy for this slimeball; it's about whether this is an overreach that gives security authorities an interest in: a couple transferring money from one account to another, or a sole-proprietorship transferring money between personal to business accounts, ...

      Just a minor point. This law isn't concerned with account transfers. Only cash deposits and withdrawals.

    39. Re:Why? by Anonymous Coward · · Score: 0

      And the fact that Hastert merits an article proves your point.

    40. Re:Why? by Anonymous Coward · · Score: 0

      Its impossible to convict an innocent man,so the laws are constructed so EVERYONE is guilty of something and then subject to 'selective enforcement' when its worth trying to lock them up.

      Starts at Jaywalking and doesn't end at genocide. Anyone can be detained or let go.

      Are you new here?

    41. Re:Why? by StikyPad · · Score: 1

      I don't have to feel sympathy for someone to want them to be treated properly. I don't have any sympathy for thieves, but I don't think they should be put to death either.

    42. Re:Why? by NostalgiaForInfinity · · Score: 1

      Hastert just happens to be one of the most prominent people who got caught up in stupid financial reporting laws. You aren't supposed to feel sympathy for the creep, you are supposed to pay attention what's happening with our laws. If this crap can happen to Hastert, it can happen to you.

    43. Re:Why? by Anonymous Coward · · Score: 0

      Sel your car to a stranger. Would you rather take a personal check, or a wad of cash?

    44. Re:Why? by MrKaos · · Score: 1

      to turn anyone it wants into a felon!

      Dennis Hastert was one of the most powerful people in America, 2nd in line to the presidency. During that time, he did nothing to reform these abusive reporting laws, or do much of anything else to protect common citizens from government power. So it is hard to feel sympathy for someone victimized by a system that they helped to create.

      It's true and you are right however you should remember that the way to judge a society is by how they treat their most despised. I suspect that these event are the cracks that show before everything falls apart for him as natural justice does what formal justice won't.

      --
      My ism, it's full of beliefs.
    45. Re:Why? by Anonymous Coward · · Score: 0

      Cops grew up playing cops and robbers. I've never heard of one playing cops and innocent bystanders. Cops train themselves to treat everyone who isn't a cop as a criminal.

    46. Re:Why? by Anonymous Coward · · Score: 0

      Then kill them.

      There is only one way out of this, and that is civil war, torture, etc.

    47. Re:Why? by Anonymous Coward · · Score: 0

      He was #3

    48. Re:Why? by Anonymous Coward · · Score: 0

      This whole story can be summed up thusly:

      these laws have been used to persecute people for a long time, but now they're going after someone who has wealth, and are therefore a problem.

      Let the bastard burn.

    49. Re: Why? by kenh · · Score: 1

      *third* in line, after the Vice President.

      --
      Ken
    50. Re: Why? by Anonymous Coward · · Score: 0

      It doesn't matter if he knew about the law or not... It's a bullshit law. Saying somebody knew about a law doesn't validate the nature of the law in any way.

      Stop being a mouth breather.

    51. Re: Why? by Anonymous Coward · · Score: 0

      You got that backwards. It was the contempt and mail fraud charges that were dropped, not the original charges for tax evasion.

    52. Re:Why? by Anonymous Coward · · Score: 0

      I may not agree with what he has to say, but I will defend to the dead his right to say it

    53. Re: Why? by Anonymous Coward · · Score: 0

      He was 3rd in line, unless he became VP secretly.
      The irony is that he authored that particular provision of the Patriot Act.

    54. Re:Why? by rickb928 · · Score: 1

      3rd in line to the presidency.

      Just to be accurate, you know...

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    55. Re:Why? by rickb928 · · Score: 1

      And yes, I know. I count the incumbent, since, you know, they are actually the President.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    56. Re:Why? by rickb928 · · Score: 1

      Actually, you should rather not explain every withdrawal that's *close to* $10k. And *close to* is defined by the investigative agency that has decided to take an interest in you or your activities.

      And your bank will happily rat you out. They get brownie points for doing so, which both distracts the regulators from real problems, and gives them cred when they beg forgiveness for transgressions.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  2. Blackmail by Anonymous Coward · · Score: 0

    Sounds like he was being blackmailed.

    1. Re:Blackmail by Camel+Pilot · · Score: 0

      Which would be interesting as the blackmailer (originally a victim) should be the one facing charges.

    2. Re:Blackmail by Noah+Haders · · Score: 2

      Which would be interesting as the blackmailer (originally a victim)

      *who may have been a victim. there is no reason to think that the blackmailer was actually victimized. As the past week has shown, even a baseless whisper about past acts is enough to take someone down.

    3. Re:Blackmail by ShanghaiBill · · Score: 2

      Which would be interesting as the blackmailer (originally a victim) should be the one facing charges.

      He can only face blackmailing charges if Hastert is willing to testify that he was being blackmailed. But that would require him to disclose why he was being blackmailed. But it isn't clear if this was blackmail, or just "hush money", depending on who initiated the transaction, and if any explicit threats were made.

    4. Re:Blackmail by edtice1559 · · Score: 1

      Blackmail is a pretty serious crime. Surely people attempt to blackmail high profile officials all the time. The fact that Hastert didn't go immediately to the police and was willing to pay $3.5M indicates that he probably *does* have something to hide. That something may not be illegal. Could have been a consensual homosexual relationship. His ex-partner may have wanted to cash in in the story and Hastert made him a better offer. Of course this is all speculation. But there are too many strange things about this story. Why lie to the investigators is what gets me. Surely guys at his level have lawyers on retainer to do that for them.

    5. Re:Blackmail by pixelpusher220 · · Score: 2

      Surely guys at his level have lawyers on retainer to do that for them.

      And just as surely, guys at his level just *know better* and hide things from their lawyers. When your entire career is because of your reputation, people will stop at next to nothing to attempt to protect that.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    6. Re:Blackmail by plopez · · Score: 1

      I had the same thought about 'hush' money. Question, would unsolicited 'hush money' imply prostitution? How old was the student, if under 18 it would imply sexual misconduct with a minor?

      I could not discern this from the article.

      --
      putting the 'B' in LGBTQ+
    7. Re:Blackmail by Anonymous Coward · · Score: 0

      should be the one facing charges.

      It will be ironic if he gets charged with a crime (did he pay taxes on the payoffs ?). He could have sued hastert in open court and perhaps gotten a large settlement like the Catholic churches many victims. But I suspect the payoff in secret was much higher since Hastert was trying to keep his faggotry from becoming public.

    8. Re:Blackmail by edtice1559 · · Score: 1

      I'm not sure that I understand your comment. I think you are describing a situation where you don't trust your lawyer. They are bound by attorney-client privilege and believe me it's not hard to find one who takes that seriously. Bill Cosby had no trouble paying off women because he used third-party intermediaries.

    9. Re:Blackmail by pixelpusher220 · · Score: 1

      Cosby was just a performer. There's no specific power in that. Hastert was 2nd in line to the most powerful job in the world and in control of one of the most influential bodies in the world.

      When you are that important, it changes one's perspective and judgement...not always for the better.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    10. Re:Blackmail by Anonymous Coward · · Score: 0

      Hastert was 2nd in line...

      Third in line.

    11. Re:Blackmail by pixelpusher220 · · Score: 1

      depends how you count. The 'line' to replace the President starts with the VP then the Speaker...so second in line.

      But thanks for being pedantic :)

      --
      People in cars cause accidents....accidents in cars cause people :-D
  3. Reading between the lines by Anonymous Coward · · Score: 0

    Just based on the summary, it could be that the government is hoping that Hastert will plead guilty to this lesser offense, a technical violation that will put him behind bars for a few years. That would spare everyone involved from another Catholic priest/Jerry Sandusky type trial, where the alleged victims are called forward to testify.

    1. Re:Reading between the lines by Penguinisto · · Score: 1

      I doubt they could charge him with a sexual offense, given the statute of limitations.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
  4. Um.. by Anonymous Coward · · Score: 0
    Regardless as to whether or not the guy should have paid out blackmail payments, and what that means:

    Now, Hastert stands accused of improper sexual contact with a boy he knew years ago while teaching high school and

    Who's accusing him? AFAICT he's only being accused of paying blackmail payments to this person or persons. No formal charges have been brought regarding the merits (if any) of the blackmailers assertions. More irresponsible reporting by people claiming to be journalists.

  5. Cops.... by VAXcat · · Score: 3, Informative

    Never talk to the cops...and seven times never talk to the FBI...

    --
    There is no God, and Dirac is his prophet.
    1. Re:Cops.... by PopeRatzo · · Score: 3, Insightful

      .and seven times never talk to the FBI...

      And if you happen to talk to the FBI, just don't lie to them.

      --
      You are welcome on my lawn.
    2. Re:Cops.... by Anonymous Coward · · Score: 0

      Always get a lawyer, and when isn't allowed to you just stay fucking quiet. -TheCastro

    3. Re:Cops.... by CanadianMacFan · · Score: 1

      No, always talk to the cops or FBI. Just say, "I want my/a lawyer." And then don't say a word.

  6. Because he made it one by T.E.D. · · Score: 5, Interesting

    Ironically, its a crime because he made it one. Hiding large bank transactions was made reportable to the FBI and lying to the FBI about them was made a crime both by the Patriot Act that was pushed for and voted for most vociferously by then House Speaker Dennis Hastert.

    1. Re:Because he made it one by TykeClone · · Score: 4, Informative

      Hiding large cash transactions was made illegal in the Bank Secrecy Act and has been illegal since 1970.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    2. Re:Because he made it one by jcr · · Score: 2

      He spent his whole career of public disservice working to make the government more powerful and more expensive. He of all people fully deserves whatever it does to him.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    3. Re:Because he made it one by T.E.D. · · Score: 5, Insightful

      Hiding large cash transactions was made illegal in the Bank Secrecy Act and has been illegal since 1970.

      ...which was then amended and strengthened by the Patriot Act. To quote the article I linked (which I'm guessing you followed the /. flow and didn't bother to read):

      The indictment suggests that law enforcement officials relied on the Patriot Act’s expansion of bank reporting requirements to snare Hastert. As the IRS notes, “the USA PATRIOT Act of 2001 increased the scope” of cash reporting laws “to help trace funds used for terrorism.” The Bank Secrecy Act of 1970, which was amended by the Patriot Act, had already required banks to report suspicious transactions.

      So how did this law, whatever its merits, get passed?

      On Oct. 24, 2001, then-House Speaker J. Dennis Hastert (R-Ill.) shepherded the Patriot Act through the House of Representatives. It passed 357 to 66, advancing to the Senate and then-President George W. Bush’s desk for signing.

      Hastert took credit for House passage in a 2011 interview, claiming it “wasn’t popular, and there was a lot of fight in the Congress” over it.

      Excuse me, Mr. Hastert: Is this your petard?

    4. Re:Because he made it one by Anonymous Coward · · Score: 0

      You do know that there are many legitimate, law-abiding individuals/businesses out there in America that this pathetic "law" has devastated right? They use this law to confiscate/steal their money & bank accounts and most of the time do not give it back even though they are proven wrong in doing so. People, recognize when a gov't has gone completely out of its mind with power and does not give a squat about the US Constitution and the citizens right to due process, etc.

    5. Re:Because he made it one by TykeClone · · Score: 3, Informative

      The crime, structuring, is unchanged with the Patriot act

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    6. Re:Because he made it one by Anonymous Coward · · Score: 0

      Your reason is tyrannical. So because someone possibly deserves the consequences of over-restrictive laws then it's appropriate for *everyone* to bear those some laws and the infringements to liberty?

      At some point people realize that laws are more broad than the issue of the day, the "bad guy" that you dislike and who's in power now. If the law restricts liberties outside of today for normal people and would be distasteful when your opponent is elected to office then it must not be made a law. People love to cite the little justices that a law might bring but ignore the broad damages that will be inherent.

      Of course you likely don't care about money because you just don't have $10,000 to move around - let alone move as cash - so you're okay with government snooping other people's finances.

    7. Re:Because he made it one by tranquilidad · · Score: 4, Informative

      Dennis Hastert was 6 years old when the current version of the law making it illegal to lie to the FBI was created. It's origin goes back to the False Claims Act of 1863, long before the FBI existed.

      His big issue, as was Martha Stewart's and a bunch of other folks, was lying about it.

      The secondary issue of reporting financial transactions is based on a law from 1970, the Bank Secrecy Act. The requirement of the bank to report suspicious activity was part of the Annunzio-Wylie Anti-Money Laundering Act from 1992.

      While it might be nice to claim that Hastert was hoisted by his own petard with the Patriot Act, the fact is the Patriot Act's expansion of these previously existing money laundering and bank secrecy acts were related, primarily, to international money transfers. In fact, the title of that section is, "International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001."

      Although the Patriot Act expanded the reporting requirements of a structured transaction, the banks were already required to report such structured transactions to the Financial Crimes Enforcement Network by the 1992 law as part of a Suspicious Activity Report. The IRS already had authority to seize monies given a warrant based on Suspicious Activity Reports.

      The big changes found in the Patriot Act were related to making it easier to recognize structured transactions, the expansion of the definition of a financial institution and a number of changes to the infrastructure and reporting mechanisms related to the reporting requirements.

      What Hastert did was illegal long before the Patriot Act.

      (There is a section of Wikipedia that claims that the Patriot Act made it illegal to to structure transactions in a manner that evades reporting requirements. However, that was already illegal and the wording in Wikipedia is more probably related to the structuring of foreign transactions or transactions that involve foreign currency and coin.)

      I won't defend either Hastert or the Patriot Act - they both suck. But the fact is, these reporting requirements go back a long way and they sucked just as much before 2001 as they do now. This case is another example of why you don't answer the FBI's questions about anything without an attorney.

    8. Re:Because he made it one by PRMan · · Score: 1

      Well, in that case, I AM glad that it came back to bite him. But it's a horrible law that needs to be repealed as soon as it's done screwing him over.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    9. Re:Because he made it one by nbauman · · Score: 2

      Senate NAYs ---1 Feingold (D-WI)

      House --- NAYS 66 --- Baldwin (D-WI) Jackson-Lee (D-TX) Peterson (D-MN) Barrett (D-WI) Johnson, E. B. (D-TX) Rahall (D-WV) Blumenauer (D-OR) Jones (D-OH) Rivers (D-MI) Bonior (D-MI) Kucinich (D-OH) Rush (D-IL) Boucher (D-VA) Lee (D-CA) Sabo (D-MN) Brown (D-OH) Lewis (D-GA) Sanchez (D-CA) Capuano (D-MA) McDermott (D-WA) Sanders (I-VT) Clayton (D-NC) McGovern (D-MA) Schakowsky (D-IL) Conyers (D-MI) McKinney (D-GA) Scott (D-GA) Coyne (D-PA) Meek (D-FL) Serrano (D-NY) Cummings (D-MD) Miller, George (D-CA) Stark (D-CA) Davis (D-IL) Mink (D-HI) Thompson (D-MS) DeFazio (D-OR) Mollohan (D-WV) Tierney (D-MA) DeGette (D-CO) Nadler (D-NY) Udall (D-CO) Dingell (D-MI) Ney (R-OH) Udall (D-NM) Farr (D-CA) Oberstar (D-MN) Velazquez (D-NY) Filner (D-CA) Olver (D-MA) Visclosky (D-IN) Frank (D-MA) Otter (R-ID) Waters (D-CA) Hastings (D-FL) Owens (D-NY) Watson (D-CA) Hilliard (D-AL) Pastor (D-AZ) Watt (D-NC) Honda (D-CA) Paul (R-TX) Woolsey (D-CA) Jackson (D-IL) Payne (D-NJ) Wu (D-OR)

    10. Re:Because he made it one by Anonymous Coward · · Score: 0

      True. Structuring has been a way to identify nefarious activity for a long time. The mistake he really made was when he decided to try and hide his withdrawals. Had he just gone in and withdrawn the money in big chunks reports would have been filed, a few questions might have been asked but he would not have broken any laws. There is no law that says "thou shalt not withdraw large sums of cash". The law simply says you can't do it in a ways that look like you are trying to avoid notice.

      It's the same for deposits by the way. Small businesses run into this all the time. If your company makes $6k to $9k a week in sales, sooner or later you will get dinged for stacking transactions. The difference is as a business owner I can point to my accounting records and show where the money came from and there is no issue.

      If you show up with $9,900 in cash every week for a few weeks in a row and no way to account for the money you can expect a little more trouble coming your way.

    11. Re:Because he made it one by PopeRatzo · · Score: 1

      Lying to the FBI was a crime before the Patriot Act.

      --
      You are welcome on my lawn.
    12. Re:Because he made it one by Mike+Van+Pelt · · Score: 2

      This case is another example of why you don't answer the FBI's questions about anything without an attorney.

      Yeah.... The Martha Stewart lesson is "Never talk to a Fed. Never, ever, ever, under any circumstances, talk to a Fed."

    13. Re:Because he made it one by Anonymous Coward · · Score: 0

      They used the Patriot Act provisions to be able to find his actions. The actions themselves were illegal from the BSA and unaltered by the Patriot Act.

    14. Re:Because he made it one by morgauxo · · Score: 1

      He only said that the guy deserves it. I think we all agree with that. He didn't say that it was a good law.

    15. Re:Because he made it one by Bookworm09 · · Score: 1

      I wish I had mod points. You are correct. It's sad that T.E.D. is getting modded +5s for making factually incorrect statements (and then defending them when challenged rather than just accept it with good grace), and your attempts to introduce facts are getting (relatively, at least) ignored.

    16. Re:Because he made it one by ItsJustAPseudonym · · Score: 1

      "...Suspicious Activity Reports."

      No one expects The Spanish Inquisition!

    17. Re:Because he made it one by nctritech · · Score: 1

      The irony of an act with "secrecy" in the title that forces someone to proactively spout information...they've been doublespeaking for a long damn time in the government, eh?

    18. Re:Because he made it one by Anonymous Coward · · Score: 0

      There is a section of Wikipedia that claims that the Patriot Act made it illegal to to structure transactions in a manner that evades reporting requirements. However, that was already illegal and [...]

      Structuring was already illegal. But the reporting requirements changed in a manner to make it easier to find and prosecute. To a lay-person that made it illegal (a second, redundant and unnecessary, time).

      He'd have been more likely to get away with it if the USA PATRIOT Act were't passed.

    19. Re:Because he made it one by jcr · · Score: 1

      Reading comprehension isn't your long suit, is it? I said nothing to indicate that anyone else should be subject to this kind of spying.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  7. Why is this on Slashdot? by ArcadeMan · · Score: 2, Insightful

    How is this news for nerds?

    1. Re: Why is this on Slashdot? by Anonymous Coward · · Score: 0

      Someone in the government must use Linux.

    2. Re: Why is this on Slashdot? by hackwrench · · Score: 2

      Because privacy.

    3. Re: Why is this on Slashdot? by Fwipp · · Score: 2

      It appeals to the anti-authoritarian crowd here.

    4. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      First thing I though. I welcome any suggestion for another tech news site to feed my addiction without all this pollution.

    5. Re:Why is this on Slashdot? by damn_registrars · · Score: 1

      How is this news for nerds?

      Because it was written to make the democrats look like evil power-grabbing evil evil evil evil-doers. Also, it is potentially good fodder for Rand Paul's presidential campaign, and it makes democrats look evil. Those are all popular causes here.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    6. Re:Why is this on Slashdot? by ShanghaiBill · · Score: 5, Insightful

      How is this news for nerds?

      The government's ability to monitor everyone's financial transactions is part of the broad surveillance state enabled by technology. We face a choice between an Orwellian future, where the state is capable of monitoring every aspect of our lives: what we buy, where we go, who we talk to, or a future where technology empowers individuals by making government transparent, efficient, and accountable. That is one of the biggest choices of our time, and this story is another warning that we are on the wrong path.

    7. Re: Why is this on Slashdot? by TWX · · Score: 3, Interesting

      And ironically enough it appeals to the authoritarian crowd too, since it brings up aspects of Hastert that, if true, probably should be prosecuted if they could be, and demonstrates an alternate means of getting at him if other channels are not available. Kind of like how the US Government got Al Capone on taxes when they couldn't get him for the really awful things his organization did to people...

      --
      Do not look into laser with remaining eye.
    8. Re: Why is this on Slashdot? by Anonymous Coward · · Score: 0

      Cash is king!

    9. Re: Why is this on Slashdot? by fustakrakich · · Score: 2

      Does your post imply that you are *pro-authoritarian*? Or to put it more directly, do you approve of these laws against "structuring"? Do you trust the government not to abuse the law?

      --
      “He’s not deformed, he’s just drunk!”
    10. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      I remember not so long ago when, apparently, this site was so pro-Obama that people couldn't stand it. And then there's cases like this guy right here, who seem to believe it only exists to bash Obama and his party.

      Ever think that maybe you people are just nuts and need to stop whining when your party is on the bad side of a story? Better yet, stop following party lines all together.

    11. Re:Why is this on Slashdot? by NotDrWho · · Score: 1

      Because it was written to make the democrats look like evil power-grabbing evil evil evil evil-doers.

      Hastert is a Republican.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    12. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      It's total clickbait, which is all Dice cares about.

    13. Re: Why is this on Slashdot? by __aaclcg7560 · · Score: 1

      If you're walking around with a suitcase of cash, the police can confiscate your cash because you might be a drug dealer. All they need is probably cause to stop you and search the suitcase. Good luck in getting your money back.

    14. Re:Why is this on Slashdot? by damn_registrars · · Score: 2

      Because it was written to make the democrats look like evil power-grabbing evil evil evil evil-doers.

      Hastert is a Republican.

      Exactly my point. Hastert is a Republican, and the story is painting him as the victim of government overreach. If Hastert was a Democrat this article never would have made the front page - though an article postulating that "progressives" are inclined to partake in NAMBLA-like activities would.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    15. Re: Why is this on Slashdot? by mjm1231 · · Score: 1

      Of course it does. Everyone knows there are only two positions for every possible topic. That's why the two party system is such a huge success, and why everyone loves it so much.(Excepting of course commies, who prefer a one-party system... see, there's the two options for how many political parties a system can have!)

      The idea that there could be a third viewpoint is inconceivable.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    16. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      Read it again. Slowly this time.

      If you have to let your lips move, that's OK.

      Maybe ... just maybe, the "because it" referred to the news story, not the law.

    17. Re:Why is this on Slashdot? by damn_registrars · · Score: 1

      I remember not so long ago when, apparently, this site was so pro-Obama that people couldn't stand it.

      I recall an article on Obama winning the election back in 2008. That was the last time a pro-Obama article made the front page of slashdot. Since then it has been a regular parade of how evil he - and everyone in his administration - is.

      And then there's cases like this guy right here, who seem to believe it only exists to bash Obama and his party.

      Well, it also exists to occasionally share 24-hour-old tech news. Mostly, though, the discussions here inevitably turn in to conservative echo chambers.

      Ever think that maybe you people are just nuts and need to stop whining when your party is on the bad side of a story?

      Did you notice that I was just answering a question? Someone asked why this was on the front page of a "news for nerds" site. I told them why.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    18. Re:Why is this on Slashdot? by bluefoxlucid · · Score: 1

      What's wrong with political powers supporting NAMBLA or NAMBLA-like activities? If we, as a society, decide that is not such behavior as we want in society, we can simply disempower those political powers by voting for someone else. Bush and McCain were seen as war mongers trying to destroy Social Security, so Obama was voted in with his grand welfare plan and large statements about reducing military activity. If the Democrats openly supported a sweeping Age of Consent of eleven years, would we not vote away from a Democrat-controlled congress? If not, then the issue is utterly unimportant.

    19. Re:Why is this on Slashdot? by Required+Snark · · Score: 3, Insightful
      Why is Hastert worth a story here as opposed to Martha Stewart? Although her crime was insider trading, she was convicted of conspiracy and lying to the FBI, which is one of the charges Hastert is facing

      After a highly publicized six-week jury trial, Stewart was found guilty in March 2004 of felony charges of conspiracy, obstruction of an agency proceeding, and making false statements to federal investigators

      Could it be that old white conservative politicians are worthy of defending against government over reach, and a liberal women is not? In her case the trigger was getting a stock tip, and in his case it was sex with a high school student he was coaching. Which is a greater abuse of position? Which of the two is more of a government victim given the nature of their initial offense?

      --
      Why is Snark Required?
    20. Re:Why is this on Slashdot? by fahrbot-bot · · Score: 2

      The government's ability to monitor everyone's financial transactions is part of the broad surveillance state enabled by technology.

      To be fair, it's a requirement that banks report cash transactions of $10k or more (or a group of lessor transactions exceeding that threshold) to the Fed. Want to avoid this, write a check. As others have mentioned, walking around with a suitcase of cash is a little sketchy.

      As, I believe the statue of limitations had expired on the alleged crime he was hushing up, Hastert could simply have told the truth about the cash withdrawals and avoided lying to the FBI.

      --
      It must have been something you assimilated. . . .
    21. Re:Why is this on Slashdot? by Curunir_wolf · · Score: 1

      First thing I though. I welcome any suggestion for another tech news site to feed my addiction without all this pollution.

      Here you go.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    22. Re:Why is this on Slashdot? by ShanghaiBill · · Score: 3, Insightful

      it's a requirement that banks report cash transactions of $10k or more

      In Soviet Russia, it was a requirement to report suspicious neighbors to the NKVD.

    23. Re:Why is this on Slashdot? by ADRA · · Score: 1

      You seem to indicate that these two futures are somehow mutually exclusive.

        transparent, efficient, and accountable

      All of which are different, but lets break them down:
      Transparent: Yes, the US government is going extremely down the wrong path, though mostly involving strong-arming other nations through secret negotiations, and the fact that you can be tried, sentenced, and convicted for crimes you didn't even know existed. That's pretty facist.

      Efficient: The vast amounts of money the US gov spends are relating to milliary growth, sustenance, pensions, and debt. All the others (from a macro level) are relatively core. Democrats or Republicans, there's little chance that the government will ever get much leaner per GDP. That said, the only people that bitch about efficiency in government are the same fronteersmen / libertarian ideals that will never come back (baring a nut job with nukes mind you), because quite frankly most people enjoy comfort over self-reliance, and that won't be something you will ever change (unless you find some nukes lying around).

      Accountable: Well, I see this article being a boon for accountability. The government is made up of people, and a high ranking person of said government was found to (alledgedly) commit a serious crime. The guily are punished. I can't see this being a bad thing, unless you're saying bad people that break laws shouldn't be punished. Next time we have a global financial meltdown due to bad actors breaking the law, or the pick pocket for stealing your wallet, just don't flip your opinion. Hypocracy is a taint.

      --
      Bye!
    24. Re:Why is this on Slashdot? by jittles · · Score: 1

      The government's ability to monitor everyone's financial transactions is part of the broad surveillance state enabled by technology.

      To be fair, it's a requirement that banks report cash transactions of $10k or more (or a group of lessor transactions exceeding that threshold) to the Fed. Want to avoid this, write a check. As others have mentioned, walking around with a suitcase of cash is a little sketchy.

      As, I believe the statue of limitations had expired on the alleged crime he was hushing up, Hastert could simply have told the truth about the cash withdrawals and avoided lying to the FBI.

      Why is it sketchy? I've entered into property agreements that require me to present a large sum of money in cash or certified check to the receiving agent. My bank charges me a fee to get a check from them. They don't charge me a dime to pull out $10,000 in cash. If I pull out $10,000 in cash for a deposit on a property, the FBI is automatically notified by the bank. Yet there is nothing shady about me paying a security deposit in cash. In fact, every time I've asked the agent if they were okay with cash, they've always preferred it.

    25. Re:Why is this on Slashdot? by PopeRatzo · · Score: 1

      How is this news for nerds?

      It's for the BroCoin crowd.

      --
      You are welcome on my lawn.
    26. Re:Why is this on Slashdot? by PopeRatzo · · Score: 1

      Wolfie, please don't go to Soylent News. I'm begging you.

      --
      You are welcome on my lawn.
    27. Re:Why is this on Slashdot? by clonehappy · · Score: 1

      I don't recall anyone, ever, claiming that Martha Stewart wasn't a story. People were pissed about her case then, just like people are pissed about Hastert's case now. Yes, what Hastert allegedly did is egregious and vile, much more so than a stock tip. But why try and inject the "liberal women" card where it didn't need to exist. Why does every single fucking story have to turn into a goddamned story of oppression? Can you fucking people NEVER give it a goddamned rest?

      Hastert is a piece of shit, and so are you.

    28. Re:Why is this on Slashdot? by Orgasmatron · · Score: 1

      Shit. Did I miss the memo that today was opposite day?

      For the last few years, Slashdot has been running slightly to the left of Mao. Around here, conservatives are all but extinct, and libertarians are endangered. Republicans are routinely mocked and vilified. Scroll through the comments on this story and you'll see plenty of clever new ways to say "This Republican is vile, but..."

      Rule of Law is pretty much dead, and not everyone is happy about it. It is a broad enough issue that it can transcend the left-right spectrum.

      Ask yourself what amount of your money is it safe for you with withdraw from the bank. The law says $10,000 will get you attention for sure. How about $5000 twice? How about $2000 every day for a week? $1000 each day for two weeks? $500 daily for a month? Where did you draw the line, and why?

      $10,000 in a single transaction is Rule of Law. You may disagree with it, as I do, but what you can and cannot do is written in law, and not a surprise to anyone. Structuring is Rule by Masters, with a federal investigator or prosecutor deciding if you've broken the law or not.

      --
      See that "Preview" button?
    29. Re:Why is this on Slashdot? by operagost · · Score: 1

      These strange creatures who claim Slashdot is right-wing amuse me.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    30. Re:Why is this on Slashdot? by damn_registrars · · Score: 1

      Shit. Did I miss the memo that today was opposite day?

      Well, what you wrote after that certainly suggests that you do believe today to be opposite day:

      For the last few years, Slashdot has been running slightly to the left of Mao. Around here, conservatives are all but extinct, and libertarians are endangered. Republicans are routinely mocked and vilified. Scroll through the comments on this story and you'll see plenty of clever new ways to say "This Republican is vile, but..."

      Take a look at the front page. Tell me how many stories have made the front page in the past 6-10 years that have been favorable to democrats. Now tell me how many stories on the front page have been favorable to republicans. The ratio of the latter over the former is at least 8 to 1. Every week we see at least one softball - such as this one - that is picked to make republicans either look good or to make them look like innocent victims of the evil democrats.

      And I don't know what discussions you imagine yourself reading, but by comment volume slashdot also leans heavily to the right. I have seen that for several years as well. It likely began with the nationalisitic hysteria that came in the wake of 9/11 - back when it was nearly a crime to even dare question the Bush administration - but here it never really let up.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    31. Re:Why is this on Slashdot? by operagost · · Score: 1

      I recall an article on Obama winning the election back in 2008. That was the last time a pro-Obama article made the front page of slashdot. Since then it has been a regular parade of how evil he - and everyone in his administration - is.

      Because he hasn't done anything to warrant the admiration of the "News for Nerds" community.

      The USA Patriot Act is (mostly) still in place.

      Gitmo still holds people without charges.

      Cannabis is still illegal.

      Civil forfeiture still exists.

      The IRS is (still) going after people the administration doesn't like.

      Obama promised the most transparent administration, yet it's probably the most secretive one since FDR's WWII administration.

      The world, especially the Middle East, still hates us, yet he has the gall to claim that they love us now because of him.

      What positive "News for Nerds" are we supposed to report, again? Obamacare?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    32. Re:Why is this on Slashdot? by damn_registrars · · Score: 0

      These strange creatures who claim Slashdot is right-wing amuse me.

      Do you always find reality and statistics amusing or only when it challenges your political beliefs?

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    33. Re:Why is this on Slashdot? by Curunir_wolf · · Score: 1

      Wolfie, please don't go to Soylent News. I'm begging you.

      Are you spouting your crap over there too? Thanks for the warning ... I'll be watching.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    34. Re:Why is this on Slashdot? by damn_registrars · · Score: 1

      What positive "News for Nerds" are we supposed to report, again?

      If the site was as left-leaning as you claim it to be, they certainly could have come up with something. Instead every week there is another story on the front page telling us how evil the Obama administration is. In the same breath every week there is at least one story piling admiration on the conservative movement in one way or another.

      If this site is somehow not pandering to the conservatives, it is doing an epically shitty job of it. There is a laundry list of evidence of conservative editorial bias here, and no extant evidence of liberal bias here. Just because seeing someone like me dare to point out that slashdot leans hard to the right is enough to enrage you doesn't mean that this site somehow magically is not a conservative echo chamber. Hell there are even a couple of liberals who manage to post comments in fox news articles. It shouldn't surprise you that there would be at least one non-conservative who would post comments here on slashdot as well.

      And before you reach for the "news for nerds" cover, tell me how this story is tech oriented? There have been plenty of other blatantly political articles that have made the front page as well with no purpose other than to excite the slashdot conservative base.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    35. Re:Why is this on Slashdot? by avandesande · · Score: 1

      That was 10+ years ago? Why would you even compare them?

      --
      love is just extroverted narcissism
    36. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      Because he hasn't done anything to warrant the admiration of the "News for Nerds" community.

      Point taken.

      The USA Patriot Act is (mostly) still in place.

      What do you propose he do, given that he has to deal with a rather belligerent Congress that seems to only be interested in stymieing his every move?

      Gitmo still holds people without charges.

      Perhaps you don't recall, but Obama once actually did try to close Gitmo and have the detainees transferred to federal prisons. Republican members of Congress balked at this notion as it would allow terrorists to have access to federal courts and give them certain rights that they do not currently have as "enemy combatants".

      Cannabis is still illegal.

      Civil forfeiture still exists.

      Points taken.

      The IRS is (still) going after people the administration doesn't like.

      Only if your definition of "going after people the administration doesn't like" means asking groups to justify their request for tax exempt status as charities. Frankly, as someone who tends to lean politically conservative, I probably would not have granted many of these whiners their tax exempt status. I should also point out that many of these whiners, in the end, were given tax exempt status. Apparently, the IRS under Obama is more "conservative" than I am. Go figure.

      Obama promised the most transparent administration, yet it's probably the most secretive one since FDR's WWII administration.

      The world, especially the Middle East, still hates us, yet he has the gall to claim that they love us now because of him.

      [citations needed]

      What positive "News for Nerds" are we supposed to report, again? Obamacare?

      Stop watching Faux News and listening to Hannity/Limbaugh!!! Look, I realize that this is a favorite banner for you "conservative" types to wave, but you should probably step out of the echo chamber before you comment on this. For one thing, "Obamacare" was passed into law in the State of Massachusetts by then-Governor Romney. For another, the original idea for this legislation was dreamed up at a conservative think tank.

    37. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      For the last few years, Slashdot has been running slightly to the left of Mao. Around here, conservatives are all but extinct, and libertarians are endangered.

      You forgot to put scare quotes around conservative and libertarian. You're welcome.

    38. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      The economy is much better off. Why aren't there any stories about that? It's all just complaints.

    39. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      Want to avoid this, write a check.

      Nope. That's cash, as far as the law is concerned.

    40. Re: Why is this on Slashdot? by kenh · · Score: 1

      Perhaps you don't recall, but Obama once actually did try to close Gitmo and have the detainees transferred to federal prisons. Republican members of Congress balked at this notion as it would allow terrorists to have access to federal courts and give them certain rights that they do not currently have as "enemy combatants".

      I don't recall Democrats clamoring to take gitmo detainees in to their districts...

      The IRS is (still) going after people the administration doesn't like.

      Only if your definition of "going after people the administration doesn't like" means asking groups to justify their request for tax exempt status as charities. Frankly, as someone who tends to lean politically conservative, I probably would not have granted many of these whiners their tax exempt status. I should also point out that many of these whiners, in the end, were given tax exempt status. Apparently, the IRS under Obama is more "conservative" than I am. Go figure.

      The review process for tax exempt status was typically 99 days before Lou's Lerner, once Lois Kerner took over, a great number of conservative-leaning groups wound up waiting YEARS for their tax exempt status.

      When President Obama was re-elected he 'converted' his election campaign into a tax-exempt organization... The very group that was previously a registered re-election committee became a tax-exempt organization, while small tea party groups waited years.

      Oh, why did they wait? Because if the IRS denied the request, there was a well-defined appeal process that applicants could follow, and the IRS would have (I think) 90 days to defend their decision to a federal judge... It was easier to leave the group in limbo.

      Oh, and lest we forget, Lois Lerner, the woman who single-handed lay redefined the 'right to remain silent' announced her department's improper actions by planting a question with a friendly reporter at a public speaking event so she could apologize for her department's improper acts.

      --
      Ken
    41. Re:Why is this on Slashdot? by penguinoid · · Score: 1

      In Soviet Russia, suspicious neighbor reports you.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    42. Re:Why is this on Slashdot? by tehcyder · · Score: 1

      For the last few years, Slashdot has been running slightly to the left of Mao

      Someone forgot to renew their prescription for anti-psychotic drugs yesterday.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    43. Re:Why is this on Slashdot? by tehcyder · · Score: 1

      What's wrong with political powers supporting NAMBLA or NAMBLA-like activities?

      Well, nothing if you're a paedophile I suppose. The OP's point is that most people wouldn't want to be identified as paedophiles. It's sort of generally unpopular, you know?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    44. Re:Why is this on Slashdot? by tehcyder · · Score: 1

      it's a requirement that banks report cash transactions of $10k or more

      In Soviet Russia, it was a requirement to report suspicious neighbors to the NKVD.

      In East Germany it was a requirement to drive a Trabant until the US liberated them from communism.

      In China it is a requirement to ride a bicycle since the US hasn't properly liberated them from communism yet and they can't afford cars.

      If you're going to do stupid analogies, at least use the slashdot car model.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    45. Re:Why is this on Slashdot? by bluefoxlucid · · Score: 1

      If it's generally unpopular, then it'll solve itself.

    46. Re: Why is this on Slashdot? by j-beda · · Score: 1

      Of course it does. Everyone knows there are only two positions for every possible topic. That's why the two party system is such a huge success, and why everyone loves it so much.(Excepting of course commies, who prefer a one-party system... see, there's the two options for how many political parties a system can have!)

      The idea that there could be a third viewpoint is inconceivable.

      I don't understand that last sentence. It is like my brain can make no sense of it at all.

  8. IANAL but by Anonymous Coward · · Score: 0

    Charge him with something different, but loosely related.
    Enter discovery / evidence gathering
    Compel victim to testify despite being brought off.
    Nick him for the more serious offence.

    1. Re:IANAL but by Straif · · Score: 1

      Any crime he may or may not have committed when he had contact with the 'victim' has had it's statute of limitations run out years ago.

      The only actual possible crime here would be blackmail and in that case Hastert would be the victim not the perpetrator and since he's not pressing charges even that wouldn't be prosecutable.

      --
      Of course that's just my opinion...... you could be wrong!
  9. they prosecute the charge(s) they can win by darthsilun · · Score: 0

    Why don't they charge him with sexual misconduct? Because they don't think they can win the case. They didn't charge Al Capon with bootlegging or murder. They charged him with tax evasion. Because that's the charge they could make stick. Obviously the prosecutors don't think they can make a sexual misconduct case stick.

    1. Re:they prosecute the charge(s) they can win by Noah+Haders · · Score: 1

      Obviously the prosecutors don't think they can make a sexual misconduct case stick.

      or, there is no merit to any sexual misconduct accusations, and prosecutors are gleefully suing anyway for bs offenses. why do you ascribe any hint of merit or competency or decency to federal prosecutors?

    2. Re:they prosecute the charge(s) they can win by DaHat · · Score: 2

      Or the statute of limitations for the crime the allegations point to has expired.

    3. Re:they prosecute the charge(s) they can win by darthsilun · · Score: 0

      Where do you see me ascribing hints of merit, competency, or decency?

      A: you don't. But you sure were quick to jump to the "evil federal prosecutor" meme. Maybe it's you that's biased?

      By the same token don't assume that I don't think Hastert isn't a scumbag either.

    4. Re:they prosecute the charge(s) they can win by TheoMurpse · · Score: 1

      prosecutors are gleefully suing anyway for bs offenses

      If you're going to act haughty about your opinion on legal issues, you should at least know that prosecutors don't sue.

  10. Structured transactions are illegal by mveloso · · Score: 2

    From what I understand, any form of structuring is illegal.

    Structuring is manipulating the amount of cash to evade detection by authorities. $10k USD requires a mandatory report by FinCen, but that's on deposits. I'm not sure there's any mandatory reporting on withdrawals, so I'm not sure why the FBI would be interested. It's not money laundering if you're withdrawing money from your bank account.

    It sounds like he got caught lying about a crime he didn't commit, which is one of the more ridiculous aspects of the US judicial system.

    1. Re:Structured transactions are illegal by drinkypoo · · Score: 3, Informative

      I'm not sure there's any mandatory reporting on withdrawals,

      Yes. Any time you take or drop $10k in cash in a bank or $5k in cash in a casino, there will be a report.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Structured transactions are illegal by Lead+Butthead · · Score: 1

      Yes. Any time you take or drop $10k in cash in a bank or $5k in cash in a casino, there will be a report.

      According to a Wellsfargo teller, anything involving 5k or more gets reported. I suspect it's actually less than that now.

      --
      ELOI, ELOI, LAMA SABACHTHANI!?
    3. Re:Structured transactions are illegal by Anonymous Coward · · Score: 0

      uh, yeah. That's what is article is about. Structuring is illegal, and this article is pointing out how that might not be a good idea.

    4. Re:Structured transactions are illegal by chill · · Score: 3, Informative

      It is a lot broader than that. The Houston Chronicle has a decent article summarizing Suspicious Activity Reports (SARs).

      Then there is that question about taking more than $10,000 in cash out of the country when traveling.

      And, of course, seizures of suspicious amounts of cash when stopped by a law enforcement officer anywhere for anything.

      (Suspicious being anything the local LEO decides it is. How fucked up is that?)

      --
      Learning HOW to think is more important than learning WHAT to think.
    5. Re:Structured transactions are illegal by RabidReindeer · · Score: 1

      This is part of Federal banking regulations. It's primarily intended to detect money-laundering activities, particularly support for terrorist organizations and/or drug operations.

      It's not merely a $10K limit on a one-shot transaction. It's equally illegal to fail to report transactions that have been split up into smaller chunks in the attempt to avoid being seen as going over the $10K limit.

      Hastert's problem is that in today's USA, you are generally accepted as guilty until proven innocent - thanks in no small part to his own efforts over the years - and he wasn't sufficiently forthcoming about proving himself innocent.

      He'd be in just as much trouble had he been trading baseball cards and not reporting it.

    6. Re:Structured transactions are illegal by drinkypoo · · Score: 1

      Yeah it's been a few years since I worked for a casino and had currency handling training, so the details may have shifted around quite a bit.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Structured transactions are illegal by bluefoxlucid · · Score: 2

      They are not law enforcement officers; they are peace officers. The courts are law enforcement. Police are to keep the peace and order of society, not to be lawyers and judges. Stop encouraging them to be judge, jury, and executioner in matters of legality; they are judge, jury, and executioner in matters of immediate danger to the public, which is why traffic cops arrest you for going 90mph past a middle school when children are trying to walk home.

    8. Re:Structured transactions are illegal by OzPeter · · Score: 2

      From what I understand, any form of structuring is illegal.

      Structuring is manipulating the amount of cash to evade detection by authorities. $10k USD requires a mandatory report by FinCen, but that's on deposits. I'm not sure there's any mandatory reporting on withdrawals, so I'm not sure why the FBI would be interested. It's not money laundering if you're withdrawing money from your bank account.

      And then you have this: Secret Service Takes $115,000 from NC Couple Without Ever Charging Them With a Crime

      All because these people were conducting a legitimate business - albeit with a lot of cash transactions - and it triggered a structuring flag.

      --
      I am Slashdot. Are you Slashdot as well?
    9. Re:Structured transactions are illegal by strikethree · · Score: 1

      Yes. Any time you take or drop $10k in cash in a bank or $5k in cash in a casino, there will be a report.

      It is not that simple. I needed to withdraw about $6k in cash and my bank tried to get me to avoid doing so since it required a lot of "paperwork" (likely electronic, but whatever) on their end.

      The amounts requiring reports are far less than what is publicly known about.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    10. Re:Structured transactions are illegal by drinkypoo · · Score: 1

      It is not that simple. I needed to withdraw about $6k in cash and my bank tried to get me to avoid doing so since it required a lot of "paperwork" (likely electronic, but whatever) on their end.

      That's a dirty lie, and they are dirty liars. They have to make one entry on a paper record, which at the end of the day gets transcribed into an electronic record. Then they have to generate one form and file it, make a report. This should all be handled in a mostly-automated fashion and it is no big deal. If they aren't able to handle that kind of thing easily, they are horribly incompetent and you should get another bank, stat.

      Of course, most banks are shit. They can't manage to do things like have overdraft protection on some accounts but not on others, even. And home banking security? Yeah, let's base password reset on personal information which might be learned by social engineering. Good idea, assholes.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  11. Good talk about this at popehat by Trailer+Trash · · Score: 5, Insightful

    See here:

    http://popehat.com/2015/05/29/...

    (Note the writer is a former federal prosecutor)

    From the article:

    "We imagine law enforcement operating like we see on TV: someone commits a crime, everyone knows what the crime is, law enforcement reacts by charging them with that crime. But that's not how federal prosecution always works. Particularly with high-profile targets, federal prosecution is often an exercise in searching for a theory to prosecute someone that the feds would like to prosecute. There is an element of creativity: what federal statute can we find to prosecute this person?"

    Someone wanted to go after Hastert, they found a way.

    1. Re:Good talk about this at popehat by Anonymous Coward · · Score: 0

      The obvious question from this is "why?" He's been out of the news for over 7 years.

      The second question is "why didn't he lawyer up?" Someone who used to be Speaker should have known what happens if the feds start looking into your business.

    2. Re:Good talk about this at popehat by fustakrakich · · Score: 1

      Someone wanted to go after Hastert, they found a way.

      Ironic how he made it so easy...

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Good talk about this at popehat by edtice1559 · · Score: 4, Insightful

      We see $1.7M being moved around in a way that doesn't make sense. It might be that the former speaker is being blackmailed. Many victims don't come forward so we want to investigate. Purported victim tries to throw off the investigation which doesn't make much sense. Maybe something more sinister is happening. No way to know without *investigating*. Seriously. This whole thing doesn't make sense. He could have just made one large wire transfer, documented it, paid the gift taxes, and had the whole thing be over. Probably have to retire from lobbying as it, otherwise, might show up on a financial disclosure. But if it's worth $3.5M to keep something quiet, than do it the right way.

    4. Re:Good talk about this at popehat by Noah+Haders · · Score: 1

      the blackmailer would have likely preferred not reporting the transfer to the govt so he wouldn't have to declare "blackmail income" on his tax returns...

    5. Re:Good talk about this at popehat by Anonymous Coward · · Score: 0

      This is precisely why this type of thing was forbidden by the Bill of Rights.

      So if someone in power doesn't like you then all they need to do is get creative and then it's okay to take away your liberties?

      Either charge them with something malum in se or let them live their life free. Don't spend your time creating malum prohibitum laws just so that you can lock-up whoever you want to.

      The U.S.A. is addicted to making malum prohibitum laws just so we can claim the title of highest incarceration rate.

    6. Re:Good talk about this at popehat by Anonymous Coward · · Score: 0

      Someone wanted to go after Hastert, they found a way.

      That's a bunch of tinfoil hat conspiracy BS. Hastert DID break federal laws, and he's being charged based on that. Whether those laws should exist is an entirely different discussion, but seeing as he was responsible in passing those laws, I don't have much sympathy for him.

      As it stands, he, along with others committing the same "crime" should be charged under the current set of laws. I don't see why he's such a special snowflake that he should be exempt from them.

    7. Re:Good talk about this at popehat by mbkennel · · Score: 1

      | He could have just made one large wire transfer, documented it, paid the gift taxes, and had the whole thing be over.

      The problem with that is that when the blackmailer decides it isn't over. Hence, need for ongoing payments to motivate both sides.

      I'm pretty sure that blackmail is a Federal offense as well, and hence wanted cash.

      https://www.law.cornell.edu/uscode/text/18/873

    8. Re:Good talk about this at popehat by Anonymous Coward · · Score: 0

      Conjecture as fact...this is starting to look like Facebook comments.

    9. Re:Good talk about this at popehat by phantomfive · · Score: 1

      Particularly with high-profile targets, federal prosecution is often an exercise in searching for a theory to prosecute someone that the feds would like to prosecute. There is an element of creativity: what federal statute can we find to prosecute this person?" Someone wanted to go after Hastert, they found a way.

      That is the entire problem.

      --
      "First they came for the slanderers and i said nothing."
    10. Re:Good talk about this at popehat by edtice1559 · · Score: 1

      I assume he would declare it as a gift. I don't know the rules on who pays gift taxes; the giver or the recipient.

    11. Re:Good talk about this at popehat by Anonymous Coward · · Score: 0

      I think the giver does if it's considered a gift. Not sure if paying someone to keep quiet is considered a gift. And only like 40% on the excess of $14k. So $1,000,000 would be a separate payment of $394,400 for taxes. But I'm not a tax lawyer or lawyer of any kind.

    12. Re:Good talk about this at popehat by edtice1559 · · Score: 1

      I see your point about having to make regular payments rather than one lump sum. I will keep it in mind if I'm ever on either end of a blackmail transaction. I'm generally a fan of anonymity, but it does seem that there aren't a lot of good reasons to do *large* anonymous transaction.

    13. Re:Good talk about this at popehat by Bookworm09 · · Score: 1

      The giver. And they're pretty high. A maximum of $14K/year can be given tax-free. After that it gets complicated but the tax rate can jump as high as 35-40%.

    14. Re:Good talk about this at popehat by edtice1559 · · Score: 1

      So I guess you need to give him a no-show job and a regular paycheck!

  12. Al Capone by OzPeter · · Score: 1

    Isn't that the precedent you are looking for?

    --
    I am Slashdot. Are you Slashdot as well?
    1. Re:Al Capone by DutchUncle · · Score: 1

      ++this. Get someone on whatever will stick, with whatever excuse for escalation can be made.

  13. Easier to prove financial crimes by Slashdot+Parent · · Score: 1

    The current charges could be motivated by a desire to prosecute Hastert for sex crimes.

    Exactly. It's easier to prove structuring than it is to prove an ancient sex crime. While I agree with you that he should be charged with the sex crime and that withdrawing money from your bank account should never be illegal, prosecutorial expediency is what's going on here.

    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    1. Re:Easier to prove financial crimes by Anonymous Coward · · Score: 1

      Withdrawing cash from a bank account isn't illegal. However, withdrawing it in amounts specifically intended to avoid reporting laws is illegal. Various news stories have reported that he started by withdrawing $50,000 at a time. When the bank questioned it, he dropped the amounts under $10,000 to avoid reporting requirements. However, banks are required to report ANY suspicious transactions regardless of the amount. The fact that he dropped from $50k to under $10k after asking him about it would be quite suspicious.

      If you repeatedly withdraw (or deposit) $50,000 in cash at a bank, the FBI will eventually come knocking. But if you have a legitimate reason and a paper trail for proof, the FBI will simply say, "Sorry to bother you, have a nice day." But how many legitimate reasons are there for handling that much cash these days? Pretty few. In all likelihood, you're probably doing something illegal like trafficking drugs or evading taxes.

  14. no accusations by Noah+Haders · · Score: 1

    Now, Hastert stands accused of improper sexual contact with a boy he knew years ago while teaching high school and trying to hide that sordid history by paying the young man to keep quiet.

    I have not seen anybody make an accusation that they were molested. Citation needed. All I have seen are buzz and rumors.

    1. Re:no accusations by swb · · Score: 1

      The whole thing seems suspicious. I don't think someone as politically powerful and well connected as the House Speaker is someone you try to shake down for any reason.

    2. Re:no accusations by tehcyder · · Score: 1

      Now, Hastert stands accused of improper sexual contact with a boy he knew years ago while teaching high school and trying to hide that sordid history by paying the young man to keep quiet.

      I have not seen anybody make an accusation that they were molested. Citation needed. All I have seen are buzz and rumors.

      Yeah, obviously he was just paying him all that cash in recognition of his nice smile because he was feeling in a generous mood.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    3. Re:no accusations by Noah+Haders · · Score: 1

      Just sayin', maybe we should postpone the atoning until we have more info.

  15. Just the beginning by fustakrakich · · Score: 2

    You already get suspicious looks at the border (where even not having a credit card will increase the time you spend in their little room) and with prospective employers if you don't have a social media account and password to cough up. We are expected to live in glass houses while we let the authorities hide behind lead walls. It is our own submissiveness that got us here. Resistance is nil.

    --
    “He’s not deformed, he’s just drunk!”
  16. There's no way to rule innocent men... by random+coward · · Score: 4, Insightful

    “There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”

    1. Re:There's no way to rule innocent men... by phantomfive · · Score: 2, Interesting

      There's no way to rule innocent men.

      You could try being a leader......someone that people want to follow. That's what George Washington did (and many other great Kings throughout history, for that matter). Ayn Rand was wrong in that quote.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:There's no way to rule innocent men... by Anonymous Coward · · Score: 0

      Or say John Galt?

      The quote isn't from one of the books "good" characters.

    3. Re:There's no way to rule innocent men... by Anonymous Coward · · Score: 0

      George Washington DID NOT WANT TO BE A "RULER". He was relunctant to be president for the two terms he served and he begin the two-term tradition that was codified as an amendment after some doofus disregarded his wisdom.

      Two nice quotes about GW:

      3. Washington Decided NOT to make himself supreme ruler of the United States. After risking his life to lead the American Revolutionâ"often bravely putting himself directly in the line of fireâ"Washington shocked the entire world by voluntarily returning all his powers to the American people and their elected representatives. It was a decision that even led his recently defeated foe, King George III to comment that Washington was âoethe greatest character of his generation.â

      4. Washington decided NOT to forego his salary as president. No goal did Washington worked harder at achieving throughout his life than the goal of becoming a benevolent public servant both in reality and in reputation. So after becoming the only unanimously elected president in U.S. history, he declined his annual salary of $25,000. After all, what would history think about the one of the wealthiest men in the cash-strapped country accepting such a handsome salary?

      Yet congress convinced him that this ostensibly noble actâ"like everything Washington did as the nationâ(TM)s first president--would set an unshakeable precedent for the office. In this case, if he set an expectation that the president would not accept a salary, he was virtually guaranteeing that only the wealthiest people in the nation could afford to be president. That was something that Father Freedom could not stomach for the new republic, so even at the risk of minimizing his legacy of benevolence in the public eye he accepted the salary.

      5. Washington decided to free his slaves. That Washington ever owned slaves to begin with has caused my cynical self to scoff at his supposed âoegreatness.â Yet, of the of the nine U.S. presidents who came from slave-owning families, guess how many set their slaves free? You guessed itâ"only one. Not only did he free them, he also made arrangements for the younger slaves to be educated and he set up a pension fund for the elderly slaves.

      To a large extent, we are all products of our time and place.Throughout our lives, we will all be presented with a difficult choice to rise above that time and place. George Washington was great because he decided to do what others merely talked about doing. Regardless of how self-interested Washingtonâ(TM)s motives may or may not have been, itâ(TM)s easy to imagine a bright future for a world populated by people who view every decision as an opportunity to reveal an uncommon strength of character.

      Each from:
      https://www.psychologytoday.co...

      If you have evidence that George Washington was a "RULER" and not a "LEADER", please reply with it.

    4. Re:There's no way to rule innocent men... by Anonymous Coward · · Score: 0

      What if I want to follow only myself and play by the rules, what then?

    5. Re:There's no way to rule innocent men... by Anonymous Coward · · Score: 0

      It's impossible to be a leader that EVERYONE wants to follow. If one of those who doesn't want to follow you is a prosecutor, you could be in a world of hurt. I've never agreed with Ayn Rand before, but there's a first time for everything, I guess.

    6. Re:There's no way to rule innocent men... by phantomfive · · Score: 1

      What if I want to follow only myself and play by the rules, what then?

      Then the one who makes the rules is the leader.

      --
      "First they came for the slanderers and i said nothing."
    7. Re:There's no way to rule innocent men... by Anonymous Coward · · Score: 0

      Ayn Rand was wrong

    8. Re:There's no way to rule innocent men... by Anonymous Coward · · Score: 0

      leading is not the same as ruling,
      ruling eliminates free choice
      leading explicitly requires free choice

    9. Re:There's no way to rule innocent men... by Anonymous Coward · · Score: 0

      There's no way to rule innocent men.

      You could try being a leader......someone that people want to follow. That's what George Washington did (and many other great Kings throughout history, for that matter). Ayn Rand was wrong in that quote.

      The quote is 'rule' not govern, or lead. While similar the methods of each are quite different.

  17. Fifth Amendment - He Isn't Required To Confess by Anonymous Coward · · Score: 0

    Hastert needs a good lawyer.

    Even if he lied, because his lie may have been to cover up a crime, he cannot be required to tell the truth.

    Similarly a felon cannot be required to tell the truth on a 4473 form when he attempts to buy a gun - the Supremes held that the felon isn't required to 'fess up. Put that in your pipe and smoke it.

    1. Re: Fifth Amendment - He Isn't Required To Confess by Fwipp · · Score: 1

      Lying is very different than not telling the truth.

    2. Re:Fifth Amendment - He Isn't Required To Confess by Anonymous Coward · · Score: 0

      He cannot be required to say anything, but if he does say something (i.e. by filling out a 4473), he has waived his right to remain silent and can be prosecuted for making false statements. At least, that's what the Supremes actually said.

  18. So the argument is... by Rei · · Score: 4, Insightful

    ... interfering with a police investigation should be legal if the person being investigated feels they've done nothing wrong? Good luck getting widespread buy-in with that concept.

    1) The FBI found just cause to suspect a crime; what the subject was doing appeared to be money laundering, which - as it should - triggers an investigation. 2) They began to investigate the crime. 3) They found no crime, and thus did not prosecute for it. However, in the process, the subject deliberately interfered with the investigation and made false statements to the police, which is a crime. 4) The FBI prosecutes for the crime committed in #3.

    I fail to see the problem here.

    That said, I'm not surprised that Greenwald does. And I can just imagine the riot he'll throw if they ever go after him for his long-time lack of payment of the court-imposed levies concerning his tax evasion for his porn business.

    --
    "Who the **** put an emergency exit in the interrogation room?!" -- Police chief, "Jesus Christ Supercop"
    1. Re:So the argument is... by Anonymous Coward · · Score: 2, Insightful

      I completely agree with your line of reasoning . . . it's your application that is faulty.

      What is the crime for moving your own money around without reporting it to the authorities? Who does that harm? Has anyone been injured, had their liberties infringed or their property damaged? The only problem here is that people aren't allowed to manage their property as they see fit and being secure in the privacy of that . . . just because someone else said that behavior is "bad". Malum prohibitum laws used for oppression.

      Quit it.

    2. Re: So the argument is... by Anonymous Coward · · Score: 1

      You seriously fail to see a problem here? The problem here is that the laws and arbitrary rules we have to put up with in this country now are not only similar to what started the American Revolution, they're actually much worse.

      This is about someone being charged with a crime for doing things with his own property that are not illegal, whatever he may or may not have done before. The 'crime' is making it harder to detect his LEGAL activities (paying hush money is not illegal). As someone else said, this law has been used to steal money from and devastate all kinds of people engaged in LEGAL activities, and you don't see the damned problem? Really?

    3. Re: So the argument is... by Rei · · Score: 1

      Please read what you're replying to. The crime is NOT "doing things with his own property that are not illegal". The crime is lying to the police.

      --
      "Who the **** put an emergency exit in the interrogation room?!" -- Police chief, "Jesus Christ Supercop"
    4. Re:So the argument is... by Anonymous Coward · · Score: 1

      1) The FBI found just cause to suspect a crime; what the subject was doing appeared to be money laundering, which - as it should - triggers an investigation.

      Absolutely not. He is not accused of money laundering, there is no evidence at all that he is laundering money .

      He is accused of structuring, which is making many small transactions instead of one big transaction to avoid filling out the paperwork that goes along with one big transaction.

      Structuring is one of the bogus laws often used to prosecute innocent people. For example, a store might have a clause in their insurance policy that says they won't store more than $10k in cash on the premises (or if they do, it's not covered for theft). So to avoid that the store owner makes regular bank deposits when the cash on hand grows to $5k.

      Are they structuring? Well, there have been cases exactly like that. The govt seizes the funds and you are SOL: http://articles.baltimoresun.c...

      A longer explanation:

      http://www.washingtonpost.com/...

      3) They found no crime, and thus did not prosecute for it. However, in the process, the subject deliberately interfered with the investigation and made false statements to the police, which is a crime.

      Which is why you should never talk to the police. Ever.

      Martha Stewart did the same thing - she was investigated for insider trading, and there was no evidence to support that. Stewart was convicted of lying to investigators while being investigated for insider trading.

    5. Re:So the argument is... by Lead+Butthead · · Score: 1

      correct response is "I'll plead the 5th, until I have consulted with my lawyer, in private." doesn't matter if you have or have not committed a crime.

      --
      ELOI, ELOI, LAMA SABACHTHANI!?
  19. In Soviet America by NotDrWho · · Score: 1

    Laws not apply to lawmakers

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  20. The Real Issue... by __aaclcg7560 · · Score: 2

    The summary doesn't directly mention the underlying problem of structuring cash transactions to avoid the $10,000 reporting threshold to the IRS. This is a huge problem for cash-only businesses. Most banks will tell businesses to deposit smaller sums of cash to avoid the paperwork hassles. Most businesses do that not knowing that it will raise red flags with the IRS. The IRS can confiscates all the cash from the bank account without filing criminal charges, and isn't legally obligated to return the money if they don't file criminal charges. The only way to get the money back is to go to court and/or make a huge public outcry.

    1. Re:The Real Issue... by Anonymous Coward · · Score: 0

      Most banks will tell businesses to deposit smaller sums of cash to avoid the paperwork hassles

      They're committing a Federal crime if they do that. "Most banks" may be an exaggeration.

    2. Re:The Real Issue... by TykeClone · · Score: 4, Interesting

      The $10,000 limit was set forth in 1970 and never indexed for inflation.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    3. Re:The Real Issue... by __aaclcg7560 · · Score: 1

      Most stories I've heard over the radio has always started with the bank telling the business to deposit smaller sums of cash to avoid the paperwork hassle. Nevertheless, the IRS goes after the business because that's where the money is at.

    4. Re:The Real Issue... by ZombieBraintrust · · Score: 1

      They likely don't ask for smaller deposits. Instead they charge fees for large deposits. People decrease the size of the deposits to reduce their fees.

    5. Re:The Real Issue... by __aaclcg7560 · · Score: 4, Informative

      That would be $62,284.35 in 2015 dollars.

    6. Re:The Real Issue... by Anonymous Coward · · Score: 0

      It's not a huge problem. Plenty of business regularly deposit cash without any problems (restaurants and bars, for example.) However, if you regularly deposit $9950, you will get noticed, and that's probably what the businesses in the article were doing. I doubt the banks actually told them to deposit less than $10,000 at a time since that would be illegal. It's possible that a particular teller didn't want to do the paperwork, but if they actually told them not to deposit over $10,000 and can prove it, then the business might have grounds for a lawsuit.

    7. Re:The Real Issue... by __aaclcg7560 · · Score: 3, Interesting

      One restaurant owner used to make a $10,000+ cash deposit every three days. After the restaurant got robbed at gunpoint, the owner made daily cash deposits to reduce the amount of money stolen at one. Because the restaurant didn't accept check or credit cards, the IRS viewed the daily cash deposits as structuring and confiscated the cash. The owner won in court but the IRS refuses to return the money. That's a typical story.

    8. Re:The Real Issue... by Anonymous Coward · · Score: 0

      "The $10,000 limit was set forth in 1970 and never indexed for inflation." .... On purpose.

    9. Re:The Real Issue... by Anonymous Coward · · Score: 0

      Like grand theft.

    10. Re:The Real Issue... by Anonymous Coward · · Score: 0

      Be your own bank at that point. Hire security and build a big vault. Stop paying taxes as well or pay 10% at best.

    11. Re:The Real Issue... by Anonymous Coward · · Score: 0

      I have little sympathy for restaurants that don't take credit cards. Credit cards lower the risk of holding a lot of cash, and encourage your customers to spend more. I always suspect, but of course can never prove, that restaurants that don't take credit cards are doing so for purposes of tax evasion.

    12. Re:The Real Issue... by __aaclcg7560 · · Score: 1

      Restaurants that don't take credit cards typically have an ATM machine in the lobby that has a high transaction fee and gives them back a little kickback revenue.

    13. Re:The Real Issue... by Anonymous Coward · · Score: 0

      Most banks will tell businesses to deposit smaller sums of cash to avoid the paperwork hassles.

      Somehow I doubt most banks tell businesses to break the law and how to do it.

    14. Re:The Real Issue... by __aaclcg7560 · · Score: 1

      That doesn't stop Wall Street.

    15. Re:The Real Issue... by jctripp · · Score: 1

      If money is speech , then one should be able to "freely" do whatever one wants with any amount of one's money under the 1st amendment. If the government wants to track someone's spending patterns, they should get a warrant.

  21. Structuring has been a crime since the 1980's by localroger · · Score: 1

    The USA PATRIOT act did not even change this much, except for some changes to the reporting requirements for banks. Doing $9900 transactions to avoid the reporting has been a crime since the reporting requirement itself, because it's money laundering. Like civil forfeiture it's a disgusting but well established facet of the Failed War on Some Drugs. As for lying to a federal agent that's been a crime for even longer. There is nothing remotely controversial about the pickle Mr. Hastert finds himself in.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
    1. Re:Structuring has been a crime since the 1980's by micahraleigh · · Score: 1

      Throwing a snake in Arkansas is a crime, but it shouldn't be one.

      The US government should not have the authority to just take people's money because they have over $10k in an account. I'm not an anarchist, but anarchy is better than a government that takes peoples things *just because they have things*.

      Structuring laws are a fast track to totalitarianism.

  22. Financial matters by gurps_npc · · Score: 2
    The US government decided that they wanted to know all about large cash transactions, mainly because they are so insecure that they are mostly done by people involved in crime. The main reason to do one is to avoid government detection of that crime.

    But as there are legal reasons to do this, so they did not make it illegal to do. Instead Congress (and he was a member of Congress at that time) made it illegal to do one WITHOUT notifying the government.

    He failed to comply with the law he himself had voted on. He broke the law and he, among all people, clearly deserves to go to jail for doing so.

    --
    excitingthingstodo.blogspot.com
  23. We're all felons by butchersong · · Score: 1

    That is the nice thing about having as many laws as we do in the US. If they shouldn't / can't prosecute him on this crime there will be others.

    1. Re:We're all felons by Anonymous Coward · · Score: 1

      We sure are! I saw a story about some High School kids pulling a senior prank: They put alarm clocks into different empty lockers set to go off at various times and then locked them. They're being charged with a FELONY as this has been construed as building fake bombs. Nope, not kidding! Here's the Indigogo link to support them https://life.indiegogo.com/fundraisers/1288392

      I'm not even sure I understand why the cops were involved in this but hey, let's ruin their lives!

  24. He chose to not exercise his 5th amendment rights by sjbe · · Score: 4, Informative

    It isn't illegal to withdraw money from the bank

    It is illegal to withdraw money from a bank in a manner designed to avoid detection. It's called structuring. If you withdraw large amounts (over $10,000US) the bank is required by law to investigate whether the transaction might be related to illegal activity. The bank is also obligated to investigate unusual or suspicious patterns of money movement. This is primarily due to laws aimed at combating money laundering and financing criminal and terrorist groups. In this case it appears Mr. Hastert was moving money to cover evidence of other (allegedly) illegal activity. That is exactly what these laws are designed to catch.

    lying to the FBI about the purpose of those withdrawals once they detected them and then inquired with him

    Lying to a law enforcement officer is always illegal. They may or may not care about why you engaged in the activities you did but lying about it is clearly a crime in our justice system. Realistically it cannot be otherwise if you wish to have effective investigations of crimes.

    So why should it be a crime to hide those actions from the U.S. government?

    It may be that the statute of limitation on the original crime has expired and these follow on crimes are what is still possible to prosecute. Obviously I don't know what the prosecutors are planning but I'm pretty sure there is a good reason. I doubt they would be worrying about these lesser charges if statutory rape were a charge they could use.

    To answer the question however, it's a crime because there is no legitimate reason for him to lie. He (allegedly) was attempting to cover up other illegal activity. If his actions were honest he had the option to either decline to answer in accordance with his 5th amendment rights or to answer truthfully. Saying "none of your business" doesn't apply when we are talking about evidence of rape.

  25. So Hillery is fine but Dennis is a criminal, huh? by Karmashock · · Score: 4, Insightful

    If you applied any of the same logic on what is hitting hastert... and overreacted to the same extent... Hillary would be executed.

    hastert is being pushed around for moving his money around in suspicious ways. The Clintons do that every day. No. Literally every day. They did it yesterday and they'll do it tomorrow. They've been doing it for years and years and years. The Clinton scandals go back to before Bill became president. And no... it isn't all the vast right wing conspiracy. Even MSNBC and the NYTs are admitting it is a fucking problem.

    Do I like Dennis? No... I don't care for the man. But I have a bigger problem with the justice department becoming politically compromised and doing whatever it wants on the basis of political alliances. It needs to be politically non-aligned. And we can see very clearly that is not what is going on.

    The justice department, the IRS, the EPA, the Department of Labor... they're all being used to protect political allies and hurt political enemies.

    Don't like someone? Audit them with the IRS. They didn't get the hint? Send the EPA in there to find some nit picky thing going on that is impossible to comply with to fine the person with. That didn't work? Send in the department of labor. Ask all the women that work there if any of them would like to get a million dollar settlement for filiing a false discrimination lawsuit.

    Keep it up. Everyone submits when the pressure comes down on them.

    The Gibson guitar factory got raided by the FBI for having rare woods... finger boards... and they said something about how that was a violation of some law from the 1920s that makes no sense. Coincidentally, the CEO of Gibson was giving money to the rival political party. Tisk tisk. Didn't the fool know you're only allowed to make donations to the ruling party?

    And on and on and on.

    Here someone will say I'm exaggerating or only painting one party in a bad light. That isn't my intention. I am equally against either party really. My issue is that THIS party is the one doing it RIGHT NOW. So I'm going to focus on them. RIGHT NOW. If they lose power and the other party starts doing it, THEN I'll be talking about them. it isn't happening right now.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  26. My opinion by MNNorske · · Score: 1

    On the potential sex crime front. You need to consider two things, the potential misconduct happened a long time ago. That makes gathering evidence hard and when it comes to criminal courts an accusation is not enough to charge anyone. You need solid evidence. No prosecutor is going to file charges without believing they have at least some chance of winning in court. At least no sane prosecutor.

    There may also be a statute of limitations at play. I have no idea what that length of time may be. But, many crimes cannot be prosecuted after enough time has gone by.

    Just because you haven't seen charges yet doesn't mean that you won't at some point. It could take time to build a case.

    Also, different crimes are tried in different courts and have potentially different prosecutors. Financial crimes that involve banks I think almost always go directly to federal courts. Sexual misconduct/molestation would likely be a county or state court unless inter-state travel or use of a national park or federal lands were involved in which case it would elevate to a federal crime.

    Take what I say with a grain of salt. I learned most of my legalese from the internet...

  27. Stucturing by sjbe · · Score: 4, Interesting

    Will you feel sympathy for the next small business owner who gets caught up in this "structuring" bullshit?

    I certainly will. It's a tragedy that sometimes innocent people get accused of crimes they didn't commit. However that doesn't make the laws bullshit. If you have a better way to catch criminals engaged in money laundering, by all means let us know. They certainly are imperfect laws. However here we have a guy who apparently was engaging in structuring to avoid detection of a statutory rape. It is unlikely his actions would have been discovered otherwise. This is EXACTLY the sort of crime these laws were intended to deal with.

    1. Re:Stucturing by jbolden · · Score: 4, Informative

      The enhancements on the patriot act that made structuring a crime were designed to prevent money laundering associated with terrorism. There is nothing illegal about paying blackmailers. That was not not exactly the kind of crime this was designed to deal nor was money laundering in general what this was designed to deal with.

    2. Re:Stucturing by Anonymous Coward · · Score: 4, Interesting

      "enhancements on the patriot act that made structuring a crime were designed to prevent money laundering associated with terrorism"

      Wrong.

      The laws against this type of monetary transaction were in place at least as early as the 1980's.
      While the patriot act may have made them more difficult to evade, they were enacted to make money laundering from criminal enterprises (mostly drugs) more difficult.
      They are part of a grand tradition that stretches back to putting crime barons like Al Capone in prison, not for murder, extortion or "racketeering" but for evading the taxes on the profits of those enterprises.

    3. Re:Stucturing by fustakrakich · · Score: 1

      money laundering = 501(c)(3)

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:Stucturing by Anonymous Coward · · Score: 1

      If he had been covering up the fact he had a mistress of legal age on the side (a perfectly legal act which is none of the government's business), would you still be in favor of his prosecution for structuring and lying to a Federal agent? What if he had been gay and didn't want it known that he had lover who, like any non-working spouse, needed some money for incidental expenses and engaged in structuring to hide transactions related to support of his lover from prying eyes? What about support of an illegitimate child?

      Random searches of people's property or person without a warrant or probable cause could catch a lot of crimes also (including possession of marijuana for example). Should we amend the U.S. Constitution to nullify the 4th Amendment and pass laws that criminalize attempting to hide or conceal anything from police when they search your property? Sure, it wouldn't be perfect, but no laws are.

      If Hastert committed a real crime, charge him with that. At least with Al Capone, he had evaded taxes and therefore hadn't paid what he was legally required to pay to the government. In this case the money laundering didn't harm the government or the people in any way.

    5. Re:Stucturing by Anonymous Coward · · Score: 4, Informative

      Money Laundering is a crime because, BY DEFINITION, you are trying to legitimise the proceeds of illegal activities.

      All Hastert had to do was tell the government that he was compensating someone he had wronged (and arranged a settlement with out of court) and he could have taken out as much as he wanted. Instead, he demonstrated knowledge of the law by his attempts to evade/circumvent it, and then lied about his actions to the FBI when they inquired. I don't really see how he has any room to complain about what's happening as a result...

      -AC

    6. Re:Stucturing by sycodon · · Score: 2, Interesting

      He isn't being charged with Statutory rape. Bringing that into the discussion just clouds the issue, which is that he went to HIS bank, and withdrew HIS money and somehow the Government think it's their business.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    7. Re:Stucturing by Anonymous Coward · · Score: 1

      Uhm, probably because, by definition money laundering is the act of attempting to legitimise funds obtained through illegal means. By what rationale should THAT be considered a legal activity in a civilised society?

      -AC

    8. Re:Stucturing by MouseTheLuckyDog · · Score: 2

      He reported told the FBi something to the effect that "it was a personal matter".

    9. Re:Stucturing by Applehu+Akbar · · Score: 1

      " If you have a better way to catch criminals engaged in money laundering, by all means let us know."

      Instead of making up an ugly-souding name like "money laundering," just repeal all the laws against dealing in cash and go get real evidence aginst criminals for actual instances of child molesting, bribery or drug dealing.

      The federosaurus is using the same ploy as those states which prohibit reselling concert or game tickets. They call it "ticket scalping" to make reselling on the open market sound more nefarious than reselling, say, that lawnmower you can no longer use after you hurt your back.

    10. Re:Stucturing by Applehu+Akbar · · Score: 1

      Because it's the means that are illegal, if you have evidence to prove that, not depositing the funds.

    11. Re:Stucturing by Shakrai · · Score: 4, Insightful

      Then he should have told the FBI the truth when they asked what the money was for. Or simply said, "I choose not to give a statement." Lying to the Feds is beyond fucking stupid. That's their "gotcha" card and it baffles me that so many seemingly intelligent people fall into such an easily avoidable trap.

      There's a right to remain silent. I suggest using it....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    12. Re:Stucturing by Penguinisto · · Score: 5, Informative

      IIRC, the original 1980's-era laws were only interested in transactions $10k or greater. The Patriot Act addiction/enhancements were to use semi-regular transactions of under $10k as 'structuring' (that is, to try and close the workaround of, say, withdrawing or depositing substantial amounts under $10k on a semi-regular or regular basis.)

      The overall effect is to make you a felon if you cannot fully account for (and prove!) where you got or spent the money. The mortgage payment? Yeah - easy to account for, so you're not a felon. Taking money out on a regular basis to support a pricey hobby where you don't keep all the receipts? Now you're a felon if the Feds decide they want you to be one. This is why it's a bullshit law - it can be very easily abused by the first federal prosecutor who has a hate-on for you, and by the way, happens to know that you throw around a lot of money that you don't have all the receipts for.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    13. Re:Stucturing by Penguinisto · · Score: 1

      I get that, but why target the money when you can instead target the illegal activity, and point to the money-laundering activity as evidence thereof?

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    14. Re:Stucturing by Penguinisto · · Score: 1

      They didn't charge him with the sexual crime most likely because the statute of limitations ran out on that a very, very long time ago. So... they'll settle for nailing him with this.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    15. Re:Stucturing by jbolden · · Score: 1

      There is nothing illegal about withdrawing a large amount of cash to pay a blackmailer. It was the "more difficult to evade" parts that got him Hastert trouble.

    16. Re:Stucturing by Ron+Goodman · · Score: 1

      He did commit a real crime--structuring the bank withdrawals to avoid their reporting requirements. He had been withdrawing the money in $50K increments until he found it the transactions would be reported. He also chose to lie to the Feds about it You could challenge the law in court or lobby to get it changed it you want.

    17. Re:Stucturing by jbolden · · Score: 1

      The claim was that the laws against structuring were designed to prevent what Hastert was doing. The lying part is a separate issue.

    18. Re:Stucturing by Shakrai · · Score: 1

      I was replying to this: There is nothing illegal about paying blackmailers

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    19. Re:Stucturing by Anonymous Coward · · Score: 0

      Federal Tax Identification Number: 31-1580204 ; )

    20. Re:Stucturing by TwoEyedJack · · Score: 0

      Isn't blackmail a crime? Any word on the status of prosecution for that crime?

    21. Re:Stucturing by jbolden · · Score: 1

      Exactly. Paying the blackmailers is not a crime. Lying to the FBI about being blackmailed is a crime. The above is an argument that Hastert was engaged in money laundering not obstruction of justice.

    22. Re:Stucturing by TsuruchiBrian · · Score: 1

      I actually don't see why money laundering itself is even a crime. It seems to be a way to hide actual crimes. Maybe "hiding a crime" should be considered a crime, rather than money laundering. For example, if one were to launder money to hide something embarrassing, rather than something that was a crime, should it still be illegal?

    23. Re:Stucturing by Anonymous Coward · · Score: 0

      He was investigated for money laundering. He committed Obstruction in the course of that investigation. He is guilty of the Obstruction, and should serve Martha Stewart time in prison, at the least.

    24. Re:Stucturing by random+coward · · Score: 1

      What if the blackmailer kept asking for frequent small amounts to evade his reporting too. Why hasn't he been indicted for his part of the money laundering?

    25. Re:Stucturing by Anonymous Coward · · Score: 0

      Receiving hush money isn't a crime. So why start out targeting the victim of a sexual assault?

    26. Re:Stucturing by ShanghaiBill · · Score: 1

      Money Laundering is a crime because, BY DEFINITION, you are trying to legitimise the proceeds of illegal activities.

      ... and nearly all those "activities" are made up crimes as well. The reason they have the money to launder is because consenting individuals paid them for desirable goods and services. Once the law moves beyond protecting people's rights, to imposing morality, you end up in a cycle of ever more restrictive authoritarianism as the legal system tightens its grip.

      First we make recreational drugs illegal. Then we make selling them illegal. Then we make any big cash illegal without government reports. Then we make small cash transactions illegal if they look like you are avoiding a big transaction. Then we make it illegal to lie about your small cash transactions, even if there was otherwise no underlying crime. Then we punish you by publishing details of your personal life in the newspaper. What is next?

    27. Re:Stucturing by Anonymous Coward · · Score: 0

      If your pricey hobby is drugs then yes it is trying to prevent that. It is also trying to prevent a large scale underground economy where people are not reporting receipts or reporting income through tax returns.

    28. Re:Stucturing by jbolden · · Score: 1

      Smal deposits I suspect would be structuring since the point of the small deposits is to avoid detection of a criminal activity. A blackmailer asking for small amounts wouldn't be though since he could always break the deposits up.

    29. Re:Stucturing by mattack2 · · Score: 1

      IIRC, the original 1980's-era laws were only interested in transactions $10k or greater. The Patriot Act addiction/enhancements were to use semi-regular transactions of under $10k as 'structuring' (that is, to try and close the workaround of, say, withdrawing or depositing substantial amounts under $10k on a semi-regular or regular basis.)

      Which seems like a perfectly logical law, since otherwise it's WAY too easy to evade (transfer $9999.99 each time).

    30. Re:Stucturing by mattventura · · Score: 1

      Because tickets are intentionally underpriced to begin with. Otherwise, there would be no purchasing tickets with the intent to sell them for profit, only people who had a change of plans and can't attend. Trying to sell a lawnmower for more than the face value wouldn't work, because I could just go to the store and buy a new one. The whole reason people hate "scalping" is because it's a complete violation of the ticket seller underpricing the tickets to make it more affordable for fans.

    31. Re:Stucturing by Applehu+Akbar · · Score: 1

      In what universe are game and concert tickets "underpriced?" Here in Arizona, where ticket resale is legal in all venues, including the Super Bowl, there is no tendency for resellers to speculatively buy up tickets in hopes of reselling them for more.

      Our commercial ticket brokers make money on commissions, not on price speculators, competing openly with casual sales by individuals. In fact, event promoters use our public secondary market as a guide to pricing, because that's what the market will bear.

    32. Re:Stucturing by david_thornley · · Score: 1

      It's criminal law, not civil. That means that the government has to have good evidence to get you convicted. Of course, a prosecutor can bring charges, but that's true of a whole lot of laws.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    33. Re:Stucturing by mattventura · · Score: 1

      There are plenty of concerts and games where tickets are resold for much more than the original face value. Due to the magic of the internet, I've seen tickets go on sale on resale sites immediately after they sell out from the venue's ticket seller, for a significantly higher price. There is software out there that will automatically scoop up tickets from Ticketmaster and other sites (hence why most of them have captchas now) for that exact purpose.

      If I wanted to split economic hairs, I could just say that any event where the tickets sell out and there are people who would still like to pay face value for a ticket (to actually attend, not for reselling) was technically underpriced, as the demand at that price point was higher than the fixed supply. Most places do tend to underprice a little bit since they would rather err on the side of underpricing rather than having empty seats, which is understandable. But tickets reselling for 2-3x the face value or more generally goes outside an acceptable margin of error.

    34. Re:Stucturing by camg188 · · Score: 1

      "Why hasn't he (the blackmailer) been indicted for his part of the money laundering?"
      He's probably going to get nailed for income tax evasion. I doubt he reported the payments as income. The govt. always wants their cut.

    35. Re:Stucturing by Anonymous Coward · · Score: 0

      It does make the laws bullshit. What they are charging him with is total bullshit, none of it is illegal. Thus charging him with it could allow any of us to be charged with it. There is nothing wrong with hiding something from anyone, why is it a crime to hide it from the government? Now if there were charging him with "statutory rape" then it's a completely different issue. The fact is they are not, what they are charging him with is not even related. All this shows is over reach of the government, and on top of that he is technically compensating his victim, If the victim accepts the compensation it is the equivalent of a settlement. There should be no reason for the government to be involved. Granted it is not the most legitimate method to take but in this case the law is there to protect the victim, and in cases where it cannot it is supposed to compensate them as well as possible. If you ask me this is exactly what the law did here, just in a more private way. All these revelations have done is bring a private mater to public knowledge.

      So, what appears is going to happen here is that this information will be made public. (already done) Hastert will no longer have any incentive to continue compensation of his victom. Because Hastert is not being tried for that crime the government will not insure the victim is compensated. Hastert will get off on all charges because none of them are really illegal. What good has been done here?

    36. Re:Stucturing by TapeCutter · · Score: 1

      Why hasn't he been indicted for his part of the money laundering?

      According to TFA, he has already been screwed.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    37. Re:Stucturing by NostalgiaForInfinity · · Score: 3, Insightful

      It's criminal law, not civil. That means that the government has to have good evidence to get you convicted.

      They don't need to convict you to keep the money.

    38. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      Lying to the FBI about being blackmailed is a crime.

      And why should it be? What business does the FBI have asking law abiding citizens what they do with their money?

    39. Re:Stucturing by NostalgiaForInfinity · · Score: 2

      Money Laundering is a crime because, BY DEFINITION, you are trying to legitimise the proceeds of illegal activities.

      Illegal activities are BY DEFINITION illegal. That is, if you can prove that someone has engaged in an illegal activity, you don't need to charge them with money laundering as well.

      Money laundering was made a separate crime so that prosecutors who suspect someone of wrongdoing but can't prove it can still convict on a money laundering charge.

    40. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      And that is justice... how?

    41. Re:Stucturing by TapeCutter · · Score: 1

      I assume the prosecutors need a complaint from the blackmailer before they could charge him with rape. It's certainly seems like the prosecutors are doing their very best to hang him on a technicality, twisting the crime to fit the law is nothing new, it's a very nasty habit that unfortunately appears to be common among US prosecutors. Sure the guy is a complete arsehole, but AFAIK being an arsehole is still legal.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    42. Re:Stucturing by Anonymous Coward · · Score: 0

      If you can prove the original illegal activity, then you can convict on that.

      If you can't prove the original illegal activity, then money laundering laws just turn into a way for prosecutors to harass innocent people.

      I have no idea whether what that should be considered in a "civilised society", but it certainly shouldn't be considered illegal in a society that values the rule of law and individual liberties.

    43. Re:Stucturing by rmdingler · · Score: 1

      +1 Devilishly Clever...

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    44. Re:Stucturing by ATMAvatar · · Score: 1

      ...only if you buy into the idea that it should be illegal to transfer $10k or greater without having to report it to the government. Why is that a given?

      The original 1980s laws are pretty appalling, too.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    45. Re:Stucturing by mattack2 · · Score: 1

      Because, as many other people have described, transferring $10K or more often can be indirect evidence of crimes going on (cash based businesses making tons of money, possibly illegally, and not reporting it).

    46. Re:Stucturing by ultranova · · Score: 1

      And why should it be? What business does the FBI have asking law abiding citizens what they do with their money?

      What law abiding citizens? We're talking about a child molester here. And one who's trying to silence his victim with money. That sounds very much like the FBI's business.

      More generally, money is a form of power. Using money is wielding power. Wielding large amounts of power requires checks and balances to avoid degenerating into a tyranny. If anything, those balances are currently far too weak to prevent plutocracy.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    47. Re:Stucturing by jbolden · · Score: 1

      I'm addressing "is" not "should". Being able to ask is that's the anti-laundering law. Look up on this tread and you'll find lots of people claiming there wasn't an objection.

    48. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      What law abiding citizens? We're talking about a child molester here.

      Has he been convicted of child molestation? No. For all we know, this may simply have been a consensual gay affair with an adult.

      More generally, money is a form of power. Using money is wielding power. Wielding large amounts of power requires checks and balances to avoid degenerating into a tyranny.

      Hitler and Stalin used the same excuses.

    49. Re:Stucturing by Anonymous Coward · · Score: 0

      That's a prosecutor's fallacy. Legitimate business activity dwarfs money laundering; so, while the chance of a legitimate businessman having that transaction pattern may be low, the chance of that transaction pattern arising from legitimate business is still much, much greater than the chance of it arising from money laundering.

    50. Re:Stucturing by Anonymous Coward · · Score: 0

      I feel bad for modding that up, but it was worth it!

    51. Re:Stucturing by Anonymous Coward · · Score: 0

      Especially in this case, where being honest with the FBI would presumably be self-incrimination on the paedophilia.

    52. Re:Stucturing by Anonymous Coward · · Score: 0

      And the jury will be instructed to rule on the issue of fact by the judge: "Did the accused make regular transactions below the $10k threshold to evade scrutiny of $10k+ transactions?"

      The only legal protection against this for anyone who deals with cash on a regular basis is to keep a cash safe and wait until they hit $10,001 before making a deposit or withdrawing money in $10,001 increments to avoid accusations of aiming for $9,999 and below.

      I recently made an $8,000 cash withdrawal from a branch location and the bank teller was practically sweating with fear. While he called nearby branch locations to ensure that I hadn't done more than $1,999 in cash business within some defined time period. The relief when it became obvious that a large currency transaction report was going to be unnecessary was obvious.

      If anyone is structuring: it is bank tellers actively discouraging their clients from making $10,000 cash transactions.

    53. Re: Stucturing by Anonymous Coward · · Score: 0

      If you live in a country where it's illegal to not fuck animals... and you're not an animal fucker so refuse to, you committed a crime. Saying something is a crime has little meaning in a society that is over-criminalized.

      So stop being an animal fucker.

    54. Re:Stucturing by tehcyder · · Score: 1
      On slashdot, the general view is that it's better to have 10,000 guilty men walk free rather than anything involving government..

      Gangsters, drug dealers, illegal arms smugglers, human traffickers, child porn producers are all just guys trying to make a buck, therefore government has no right to interfere in free trade.

      Something like that.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    55. Re:Stucturing by tehcyder · · Score: 1

      Lying to the FBI about being blackmailed is a crime.

      And why should it be? What business does the FBI have asking law abiding citizens what they do with their money?

      If you're being blackmailed for a crime you committed, you're not a law abiding citizen. If it's not a crime, and you still choose to pay the blackmailer because of shame or fear of being exposed as X, then you should probably tell the authorities this, rather than engage in what looks like an attempt to cover up money laundering.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    56. Re:Stucturing by tehcyder · · Score: 1
      Money laundering is a real thing, whatever you choose to call it. If you want to call it "logistical cash transfer synergistic reclassificationism" or something that's up to you, but it doesn't make any difference. Criminals need to turn dirty money into clean money.

      The question of whether the government should be allowed to extend anti-money laundering laws to cover non-criminal activity is an entirely separate one, and fairly obviously the answer is that you shouldn't.

      Presumably this guy was put in the position where explaining the reason for paying blackmail would have resulted in him confessing to rape, and so he chose not to, but that doesn't mean he was money laundering and the law is clearly too wide ranging.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    57. Re:Stucturing by tehcyder · · Score: 1

      I actually don't see why money laundering itself is even a crime. It seems to be a way to hide actual crimes. Maybe "hiding a crime" should be considered a crime, rather than money laundering. For example, if one were to launder money to hide something embarrassing, rather than something that was a crime, should it still be illegal?

      The reason money laundering is a crime is because the original cash was obtained as a result of crime, and therefore doesn't belong to the criminal, and therefore the "laundered" money doesn't either.

      Otherwise, the criminal gets to keep the proceeds of their crime consequence free once they have washed it throught the system sufficiently.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    58. Re:Stucturing by tehcyder · · Score: 2

      and nearly all those "activities" are made up crimes as well

      First, things like extortion/ protection rackets, arms smuggling, people trafficking, and production/sale of child porn are not made up crimes.

      Second, drug related crimes broadly punish those who make money from selling drugs, not "recreational" users. (I know that this is not the case so much in the US, but in most of Europe, simple possession of drugs doesn't usually result in a long jail sentence). The only reason drug dealers make money is because it's illegal, so they can't complain when the law is used against them.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    59. Re:Stucturing by Applehu+Akbar · · Score: 1

      But can you think of any crime in which depositing cash in your mank, ill-gotten as it may be, is a more fitting target for law enforcement than the crime itself?

      In Chafee's case, do the rumors of child molestation have substance or not? The prosecutor's job is to go out and find evidence, and enough of it to satisfy the "beyond a reasonable doubt" standard of criminal procedure.

    60. Re:Stucturing by Applehu+Akbar · · Score: 1

      What you mean is there are instances here and there where tickets sell for more than face. This does not happen often enough for anyone to make a consistent business income of it, rather than selling for commissions.

    61. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      Yes, and I'm asking why it should be? What possible justification is there for such a law?

    62. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      If you're being blackmailed for a crime you committed, you're not a law abiding citizen

      If he was blackmailed for a crime, they could and should charge him with that. Since he hasn't been charged, let alone convicted, he is a law abiding citizen except for his "structuring".

      If it's not a crime, and you still choose to pay the blackmailer because of shame or fear of being exposed as X, then you should probably tell the authorities this,

      Why? What justification does the FBI have of getting embarrassing details on the private lives of US citizens? Given the FBI's history and the abuses it has engaged in, that is a lousy idea, unless you take the totalitarian view that anything the FBI does is for the good of society.

      rather than engage in what looks like an attempt to cover up money laundering.

      "Money laundering" means taking illegally obtained money and making it appear to come from legitimate sources. Who Hastert was giving the money to is not relevant to where it came from.

    63. Re:Stucturing by jbolden · · Score: 1

      Oh. The justification is that criminal money is worth less than legitimate money.

      For example lets assume X runs a chop shop. What are the options:

      a1) He runs a garage that installs stolen parts into cars. He has lots of expenses in terms of finding customers. He also only takes cash for repairs. So looking at customer's cash withdrawals often creates customers that can testify to the types of repairs they purchased.

      a2) He takes checks in which case their is going to be a discrepancy between parts installed and parts purchased.

      b1) He sells parts to dealers for cash. In which case catching the other garages is how you bust the chop shop.

      b2) He sells parts to dealers for checks. In which case there is a discrepancy between parts sold and parts bought.

      etc...

      "Follow the money" is how the cops bust white collar criminals.

    64. Re:Stucturing by TsuruchiBrian · · Score: 1

      I feel like you didn't read my comment.

      Otherwise, the criminal gets to keep the proceeds of their crime consequence free once they have washed it throught the system sufficiently.

      You can still investigate money laundering, and if a crime is discovered, and a conviction is made, the money can be repossessed as a restitution for that crime.

      What I am saying is that if you find someone laundering money, and it turns out that they haven't actually committed any other crimes, should they still be punished? I argue that they shouldn't.

    65. Re:Stucturing by ahodgson · · Score: 1

      So, because the government has overreached by creating a million different taxes, and has creating thousands of laws criminalizing victimless crimes, it's also OK to criminalize private movement of money that could be, but isn't necessarily, being used to break those other overreaching laws.

      Got it.

    66. Re:Stucturing by Methadras · · Score: 1

      " However that doesn't make the laws bullshit." Actually it does. When a law is used as blunt force instrument like RICO statues outside of their intended need, then government is overstepping it's authority to charge based on some other perceived crime. I'm not a Hastert fan, but the fact that he isn't being charged with sexual misconduct is for one reason, statute of limitations and the fact that there is probably little to no evidence a crime actually occurred. You have two people that have come to an agreement to exchange money. That in and of itself is neither a crime nor requires government scrutiny regardless of the 'patterns' government is observing you make. So yeah, the law is bullshit.

    67. Re:Stucturing by Methadras · · Score: 1

      No one has even determined that it's blackmail. It's only been labelled that way to create a salacious story for alleged misconduct that there hasn't been any evidence of. I'll wait to see it before I call it what it is.

    68. Re:Stucturing by jbolden · · Score: 1

      1) The structure especially the cash is questionable
      2) Hastert is being very cautious
      3) He lied to the FBI when asked about it
      4) There are rumors of sex that are picking up details

      Obviously we don't know all the facts but the speculation ain't based on nothing.

    69. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      Why stop with reporting money transactions? We could find even more criminals if we forced everybody to wear GPS systems and recorded all phone conversations! Why not do that as well?

      And note that Hastert has not been accused of, let alone convicted of, any other crime.

      Fact is that these investigative techniques represent an unacceptable intrusion into the private lives of law-abiding citizens. That's bad enough when it harms regular citizens, but it is even more worrisome when it targets government officials.

    70. Re:Stucturing by stoatwblr · · Score: 1

      The problem is that the laws are misused to take money off individuals _without due process_

      I have no problem with $10k or "structuring" being used as a pointer for attention, but extrajudicial confiscation is corrupt activity at its finest.

    71. Re:Stucturing by jbolden · · Score: 1

      Why stop with reporting money transactions? We could find even more criminals if we forced everybody to wear GPS systems and recorded all phone conversations! Why not do that as well?

      There are tradeoffs between freedom and crime prevention. Money tracking has a moderate impact on freedom in exchange for a tremendous impact on crime prevention: particularly white collar crime, terrorism and drugs. 24x7 surveillance of everyone would likely have an even greater impact on crime but the impact on freedom would be too large. Society weighs the plusses and minus and makes choices. Same way most choices are made, you weigh the costs and the benefits.

      Hastert has not been accused of, let alone convicted of, any other crime.

      Hastert has been accused of sexual abuse. I think it is a BS charge but you were making a much more general comment before about why money laundering laws exist.

      Fact is that these investigative techniques represent an unacceptable intrusion into the private lives of law-abiding citizens.

      That's not a fact, that's an opinion. You want to convince people of that opinion you are going to need to acknowledge the downsides with respect to white collar crime enforcement and come up with alternatives to cover the costs.

    72. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      There are tradeoffs between freedom and crime prevention.

      Yes, and you are on the wrong side of it.

      Society weighs the plusses and minus and makes choices. Same way most choices are made, you weigh the costs and the benefits.

      You are utterly naive if you think that decisions made in Washington are rational cost/benefit tradeoffs for the American people. All they are are rational cost/benefit tradeoffs for the politicians involved, which involves pulling the wool over the eyes of naive and uninformed voters like you.

    73. Re:Stucturing by jbolden · · Score: 1

      All they are are rational cost/benefit tradeoffs for the politicians involved, which involves pulling the wool over the eyes of naive and uninformed voters like you.

      I'm going to stop here. There is no conspiracy. The positions that people hold in polls are the positions they hold after weighing various factors. You may disagree with them, but considering your position "fact" while there's is "naive" and "uninformed" shows you aren't listening very carefully. Our system works by various people presenting evidence and building policy consensus. There is not some vague position regarding white collar crime but over a century of opposition with some particulars heavily debated and decades of opposition to banks facilitating it. The drug war has a somewhat shorter but even more intense level of public scrutiny.

      People are not uninformed, they disagree. And until you can accept that, you aren't going to be able to see why they disagree. Believing that politicians have magic powers to dominate the conscience "pull the wool" is nonsense. Politicians attempt to influence public opinion all the time, sometimes they can have moderate effect but mostly the flow of policy runs the other way -- the society broadly agrees on positions and then elects politicians who agree with them.

      Yes, and you are on the wrong side of it.

      I haven't anywhere in this thread told you where I stand on the question. You asked a why question then wanted to start a debate. You may want to consider that you believe others to be uninformed because you don't listen.

    74. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      Our system works by various people presenting evidence and building policy consensus.

      That's not how our system works. We live in a representative democracy. In this system a small majority of representatives can enact legislation, and the president can veto it. Decisions are almost never made by consensus among representatives, let alone consensus of the voters. Nor, for that matter, are they intended to be: our system of government was intended to safeguard individual liberty, not to give the majority whatever it wants.

      the society broadly agrees on positions and then elects politicians who agree with them.

      That's not how it works. First of all, most of "society" doesn't vote at all. The people who do vote pick among a small collection of candidates, none of which represent either their own views, or a consensus, or even a compromise, of political positions of voters.

      You may want to consider that you believe others to be uninformed because you don't listen.

      You are naive and uninformed not because of the specific positions you take (whatever they may be), but because you believe our political system is intended to achieve goals it isn't intended to achieve, and because you believe it works in ways that it doesn't work. The goal of our system of government is not to achieve the best cost/benefit tradeoffs for society or to achieve "policy consensus". And even if those were the goals, it doesn't actually achieve them. The primary drivers of our system of government, like most systems of government, are the self-interest of politicians, rent seeking, and irrational behavior.

    75. Re:Stucturing by ultranova · · Score: 1

      Has he been convicted of child molestation? No. For all we know, this may simply have been a consensual gay affair with an adult.

      "Now, Hastert stands accused of improper sexual contact with a boy he knew years ago while teaching high school and trying to hide that sordid history by paying the young man to keep quiet."

      I concede we don't know for certain if he's guilty. However, investigating alleged child molestation still sounds very much like it is - and should be - FBI's business.

      More generally, money is a form of power. Using money is wielding power. Wielding large amounts of power requires checks and balances to avoid degenerating into a tyranny.

      Hitler and Stalin used the same excuses.

      No, they didin't. Hitler used fear of communism to get businessmen behind him, and Stalin was trying to build Soviet Union into a superpower capable of withstanding their attack.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    76. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      No, they didin't. Hitler used fear of communism to get businessmen behind him,

      That may or may not be true, but it's irrelevant to your original statement: "Using money is wielding power. Wielding large amounts of power requires checks and balances". I maintain: that's the core view of fascist economics.

      Hitler accused people who made "unearned income" and who "speculated" as being guilty of "economic sabotage"; since bankers often were Jews, this was one of his major justification for exterminating the Jews. You can find echoes of this ideology and thinking in the demonization of "the 1%" by progressives in the US today.

      The idea that Hitler was some kind of agent or friend of big business is a fantasy created by Marxist historians in order to prop up their pet economic theories. Like all totalitarian and progressive governments, his was thoroughly corrupt, so some big businesses won big courtesy of the government, but that certainly wasn't in the interest of "big business" in general.

    77. Re:Stucturing by NostalgiaForInfinity · · Score: 1

      I concede we don't know for certain if he's guilty. However, investigating alleged child molestation still sounds very much like it is - and should be - FBI's business.

      But he wasn't investigated for, or charged with, "child molestation". The supposed victim or his parents never managed to get police or prosecutors to start an investigation. 20 years later, there is no way for an accused to defend himself against such charges, and a prosecutor probably couldn't bring a case now either.

      The sole purpose of charging him with "structuring" is that he likely can't be charged with anything else because nothing else can be proven. And, frankly, it wouldn't be surprising if the real motivation was political payback by Democrats, exactly the kind of abuse of the legal system that we don't want.

      Altogether, this kind of case is exactly why prosecutors should not have a charge of "structuring" and "lying to the FBI" in lieu of bringing actual charges. And, mind you, I said the same thing about Clinton and legal problems from lying to Congress.

      (Frankly, I don't believe the charge of "child molestation". I think there is a good chance that Reinboldt or his family made the whole thing up and the payments turned out to be for something like an illegitimate child instead. And even in the unlikely event that there was anything between Hastert and Reinboldt, I suspect it was consensual; that might have been technically illegal in the US, but at 16, guys are old enough to make such decisions. The worst about it is that I think Reinboldt could have done better than that ugly fat slob.)

    78. Re:Stucturing by Methadras · · Score: 1

      1. that is irrelevant and shouldn't be legally chargable. 2. again, very irelevant. 3. that is actionable. 4. irrelevant, but salacious. We can speculate in the public sphere all we want, but I sort of pray for day when we can leave people alone and keep out of each others business. Just because someone withdraws structured money over a length of time may look suspicious, but it is not of the governments business unless they can show probable cause, get a warrant and look at what's going on. The fact that they approached hastert outside of a warrant (i'm assuming that's what they did) and he lied to them to protect his secret is something I think could be actionable, but ultimately should be thrown out. This sounds like scooter libby all over again.

  28. Re: Why Is It a Crime For Dennis Hastert To Evade by Anonymous Coward · · Score: 0

    - "Why Is It a Crime For Dennis Hastert To Evade Government Scrutiny?"

    Because Dennis Hastert made it a crime, and now it comes back and bites him in the ass.

  29. Don't forget by meerling · · Score: 1

    There was a particular well known mobster that they could only nail for tax evasion. When they want to get you, they often find a way.
    The big question is if the charges they are trying to prosecute on are prosecutable charges. If so, that's what they are trying to convict him of, even if they'd love to be able to add the other charges that they haven't added because they don't meet the requirements to charge him for.

    I've heard there are places where it is illegal to pay blackmail. It's a kind of disincentive to get people to not cooperate with blackmailers. When the criminals know their money making crimes will most likely not make them anything, they are far more reticent in doing those crimes. On the other hand, you pay those low lifes, they'll often just keep doing it over and over. Just look at Mexicos revolving door kidnapping economy. It's so common, companies have funds set aside to pay for it.

    1. Re:Don't forget by Anonymous Coward · · Score: 0

      When they want to get you, they often find a way.

      I would state this another way: Criminals rarely limit themselves to a single crime. The goal of law enforcement is to protect society by removing (and ideally rehabilitating) the criminal. When criminals break multiple laws, the legal system should choose the most efficient method of removing the criminal from society. Since financial crimes tend to leave an incontrovertible trail -- in the form of bank account balances, receipts, and just plain cash lying around -- it is rightly the best way to prosecute many criminals.

  30. What is your solution? by sjbe · · Score: 1

    It's not about sympathy for this slimeball; it's about whether this is an overreach that gives security authorities an interest in: a couple transferring money from one account to another, or a sole-proprietorship transferring money between personal to business accounts, or one person paying another for a car or boat, or any other legitimate transfer of money between people.

    Well said. So what is your proposal for catching those engaged in money laundering and other crimes these laws demonstrable aid with? I agree that the laws are imperfect but I'm seeing a lot of complaining about them without much in the way of solutions.

    1. Re: What is your solution? by Anonymous Coward · · Score: 4, Insightful

      We could get rid off the reason for money laundering laws in the first place. End the stupid drug war already. Have a tax system that does not require tracking one's every financial transaction. Then there's no excuse for this part of our garbage heap of a legal code.

      I hate to use this guy as a catalyst for reform, but if that's what it takes so be it.

    2. Re:What is your solution? by jbolden · · Score: 1

      First off he wasn't engaged in money laundering, the blackmailer might have been but Hastert was not. I suspect most /.ers don't want laws against money laundering and don't want the reporting requirements. You may disagree, I may disagree, but you are assuming too much in assuming the people here want roughly the same law and just disagree on means.

    3. Re:What is your solution? by postbigbang · · Score: 4, Interesting

      Back in the 20s and 30s in the US, the mob ran roughshod over the land. The only way devised to corral them-- because of massive corruption on local, state, and federal levels-- was to invoke tax laws. It worked. It got Capone, and a bunch of the mob.

      Hastert is caught in a similar pickle. Meet the reporting requirements; they're designed to trap this, and other kinds of illicit behavior. Trillions of dollars have left the USA, some of it legally (Apple Computer) and some of it not. The laws were designed to trap floods of untracked cash (Dennis Hastert's payments). It worked. I want the law; I want the reporting requirements; don't presume you understand the motivations of /.ers.

      --
      ---- Teach Peace. It's Cheaper Than War.
    4. Re:What is your solution? by tnk1 · · Score: 3, Insightful

      One might ask why we believe that our internet communications should be private, but our monetary transactions should be carefully tracked. Especially in the sense that today, more than ever, money transfer is now mostly just the transfer of bits.

      People frequently go on about how the government could harass or attack politicians or activists with the information they obtain, but here we have the government doing the same thing with financial reporting. Sure, Hastert's probably a scumbag sex offender, but no one has charged him with that. They're using other laws to push their agenda.

      It was a clever little bit of legal trickery which got Al Capone in jail for tax evasion, and certainly you could argue that he needed to be stopped. The problem is, we really never reformed the system to make someone like Capone less likely to be able to corrupt the state and local governments, we're still relying on these sort of loopholes to get convictions that the government wouldn't otherwise try to get in a court of law on the merits of their actual case because they'd fail. It is skating very close to laws being passed to make you a felon in cases where you wouldn't be convicted, but the prosecutor (and not the judge or jury) really wants you convicted of something.

    5. Re:What is your solution? by postbigbang · · Score: 3, Insightful

      We must disagree.

      We did indeed pass and have enforced, a lot of legislation that's helped reduce corruption. No, it's not stopped,and SuperPACs allow bribery on a huge scale. But the RICO Act, along with a long list of others, have helped keep things somewhat open and at least partially above board. They're not thoroughly successful. If Hastert had done the reporting, he wouldn't be in deep crap at this point, his secrets intact for better and worse. The reporting has a purpose: keep large transfers from skirting reporting in taxes.... like taking your annual profits to a tax haven, and so forth.

      The man otherwise, appears to be a skunk for this and many other reasons.

      --
      ---- Teach Peace. It's Cheaper Than War.
    6. Re:What is your solution? by Beezlebub33 · · Score: 1

      I suspect most /.ers don't want laws against money laundering

      What? Why do you suspect that? I want laws against money laundering.

      and don't want the reporting requirements.

      I don't like the reporting requirement, but I understand why it was there.

      You may disagree, I may disagree, but you are assuming too much in assuming the people here want roughly the same law and just disagree on means.

      You totally didn't answer the parent's question: "What do you propose?" Are you proposing removing the reporting requirements entirely and not replacing it, thereby making money laundering much easier? Why?

      --
      The more people I meet, the better I like my dog.
    7. Re:What is your solution? by Anonymous Coward · · Score: 0

      But, Capone did evade paying taxes he legally owed and, as a result, the government (and the people) lost out on significant revenue. In Hastert's case, the structuring didn't harm the government or the people in any demonstrable or significant way. As well, IF they are going to prosecute Hastert, they should prosecute others equally aggressively regardless of why the others engaged in structuring -- this is witch hunt and nothing more.

    8. Re:What is your solution? by Firethorn · · Score: 4, Insightful

      Hastert is caught in a similar pickle. Meet the reporting requirements; they're designed to trap this, and other kinds of illicit behavior.

      They don't just trap illicit behavior. Legitimate businesses have been hit, many times, for structuring. They charge the money in the bank account, not the individual or business, so you have to *prove* it's legitimate. Often they'll let you get half or so of it back in exchange for not involving the legal system. People have been out of tens of thousands of dollars for this.
      Restaurants
      A Mexican restaurant: "Critics say the I.R.S. rarely investigates such cases to see if the business owner has legitimate reasons for making small deposits, such as an insurance policy that covers only a limited amount of cash."
      Multiple small businesses in Michigan

      Simply speaking: Many businesses will frequently make deposits under $10k for two reasons:
      1. That's simply what they make
      2. Insurance policies that only cover 'up to' $10k or so of cash, so business policy is to make a deposit whenever they're close to that amount so they're always covered.

      The IRS doesn't care, will look at it as 'structuring', and seize all your bank accounts.

      --
      I don't read AC A human right
    9. Re:What is your solution? by DarkOx · · Score: 1

      Back in the 20s and 30s in the US, the mob ran roughshod over the land. The only way devised to corral them-- because of massive corruption on local, state, and federal levels-- was to invoke tax laws.

      The statement is largely true but the libertarian in me wishes to suggest that stopping the mob was the WRONG priority. The mob was doing plenty of things they could have been prosecuted for besides tax evasion, etc. The actual crimes like assaulting people should have put them away. Society would have been better served then as now, had 'we' gone after those corrupt officials protecting the criminals at all levels.

      I'd feel safer having got one crooked cop off the street than I would removing 10 guys who sell a little weed and untaxed liquor now and then.

      Finally private property, emphasis private is the very corner stone of all other freedoms. Interfering and spying on with reporting requirements with the exchange of money between individuals threatens that most basic freedom. Is a tool that can be used to detect crimes sure, but there are other ways to do that, and much like mass phone record collection I don't believe its one that is justified.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    10. Re:What is your solution? by Anonymous Coward · · Score: 0

      The mob that was created by making alcohol illegal? That mob? Why is the solution to government created problems always more government?

    11. Re:What is your solution? by postbigbang · · Score: 1

      We agree that equal enforcement is a good idea. It's not a witch hunt. Others have also been caught in this trap as well.

      --
      ---- Teach Peace. It's Cheaper Than War.
    12. Re:What is your solution? by MouseTheLuckyDog · · Score: 1

      To paraphrase Mr. Miyagi, "You watch too much TV."
      Prohibition helped the mob prosper, but it was already there.

    13. Re:What is your solution? by postbigbang · · Score: 1

      Private property can also be the context for untold and massive greed. Not all the time, but government costs money, and good government costs good money. The screws currently turned on state governments across the country have resulted in massive deficits, and only the bankers win, in that game.

      I don't like crooked cops, either. Getting the "capo" was the way to dry up a huge supply of illegal talent. Beyond racketeering, murder, extortion, and the other multitudes of crimes, it also destabilized neighborhoods, families, and more.

      All you have to do is the reporting. If you don't, there is a presumption that you're laundering money. Why do we have more CPAs in the US than you can shake a stick at? This very reason. Yeah, lots of fudging gets done. That's another thread.

      --
      ---- Teach Peace. It's Cheaper Than War.
    14. Re:What is your solution? by Anonymous Coward · · Score: 0

      I think the point is that this person disagrees with laws where the majority of people who violate the law are actually not doing anything undesirable.

      We certainly could eliminate assault by banning shouting, because, after all, shouting often preceeds assault.

      However, the majority of shouting does not lead to assault.

      In the same way, the majority of "structuring" does not lead to money laundering. Why are you arguing that it should still remain illegal?

      The whole concept of "selective prosecution" is rife with abuse. When/if everyone is doing something illegal, it simply falls on a government agent to decide to prosecute, making the law entirely arbitrary.

      So, in this context, yes, I'd rather eliminate the vague law entirely than maintain selective and/or arbitrary enforcement of it.

    15. Re:What is your solution? by fustakrakich · · Score: 1

      I want the reporting requirements

      Make it a two way street, and I'm with you. We need to be able to cross examine government records. And we need to stop reelecting the wrongdoers. Hastert is no longer useful. That is why he is being singled out.

      --
      “He’s not deformed, he’s just drunk!”
    16. Re:What is your solution? by jbolden · · Score: 1

      The mob ran "roughshod" over the land because the government and the people at the time were often pro-organized crime. We have a much more representative government now as our primary solution. The breakup of organized crime happened much later than Capone, mostly in post WWII America.

      Hastert was engaged in organized crime. As for what you want and the motivation of /.ers you simply disagree with the majority of /.ers opposed to this.

    17. Re:What is your solution? by operagost · · Score: 1

      It's clear that Capone did violate tax laws. He had undeclared income. Even if what he'd done was legal, he hadn't paid tax on it and the amount of tax in arrears was documented. It isn't the same. It would be similar if, say, the statute of limitations on tax evasion was 10 years and the IRS tried to go after him 11 years later for hiding the money.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    18. Re:What is your solution? by postbigbang · · Score: 1

      You miss my point.

      It's about openness in transactions. The situations are analogous, not congruent.

      --
      ---- Teach Peace. It's Cheaper Than War.
    19. Re:What is your solution? by jbolden · · Score: 1

      A cash business that does frequent deposits simply reports they have frequent cash receipts. That's not structuring and is almost never considered structuring.

      As for the rest what blocks almost never from never, the government sometimes screws up.

    20. Re:What is your solution? by fustakrakich · · Score: 2

      So, in this context, yes, I'd rather eliminate the vague law entirely than maintain selective and/or arbitrary enforcement of it.

      Very well put. That should be modded up. We are supposed to demand equal protection. These laws would not exist if they were applied to everybody all the time. Selective and arbitrary enforcement of the law does not breed or deserve the respect it demands of us.

      --
      “He’s not deformed, he’s just drunk!”
    21. Re:What is your solution? by postbigbang · · Score: 1

      I'm with you. It would be a massive effort. I would be happy to contribute to making that effort, and the analysis that would follow, year after year.

      Why we don't have open government finance reporting at all levels is sheer chicanery.

      --
      ---- Teach Peace. It's Cheaper Than War.
    22. Re:What is your solution? by jbolden · · Score: 1

      Sorry that should have read:

      Hastert wasn't engaged in organized crime.

    23. Re:What is your solution? by postbigbang · · Score: 1

      In a way, Hastert was involved in organize crime. Like Capone (etc) that's not what bagged him. He screwed up. A CPA or attorney would have warned him.

      Hastert was a tool in many schemes, IMHO, the extortion being just one part of it.

      --
      ---- Teach Peace. It's Cheaper Than War.
    24. Re:What is your solution? by currently_awake · · Score: 2

      The Mob was a small time operation with little influence on society as a whole. Prohibition, and the war on drugs, built the Mob into the huge monster it is today.

    25. Re:What is your solution? by Berkyjay · · Score: 1

      Back in the 20s and 30s in the US, the mob ran roughshod over the land. The only way devised to corral them-- because of massive corruption on local, state, and federal levels-- was to invoke tax laws.

      The statement is largely true but the libertarian in me wishes to suggest that stopping the mob was the WRONG priority. The mob was doing plenty of things they could have been prosecuted for besides tax evasion, etc. The actual crimes like assaulting people should have put them away. Society would have been better served then as now, had 'we' gone after those corrupt officials protecting the criminals at all levels.

      I'd feel safer having got one crooked cop off the street than I would removing 10 guys who sell a little weed and untaxed liquor now and then.

      Finally private property, emphasis private is the very corner stone of all other freedoms. Interfering and spying on with reporting requirements with the exchange of money between individuals threatens that most basic freedom. Is a tool that can be used to detect crimes sure, but there are other ways to do that, and much like mass phone record collection I don't believe its one that is justified.

      The reasons they went after the mob on tax purposes was because there was never any direct evidence of violence by the bosses against their victims. But there was plenty of financial paper trails leading directly to said bosses.

    26. Re:What is your solution? by kabulykos · · Score: 1

      They don't just trap illicit behavior. Legitimate businesses have been hit, many times, for structuring. They charge the money in the bank account, not the individual or business, so you have to *prove* it's legitimate.

      Then rail on about the obscene laws around civil forfeiture (as John Oliver has done) rather than these rather mundane-on-their-own reporting requirements.

    27. Re:What is your solution? by Anonymous Coward · · Score: 0

      The mob that was created by making alcohol illegal? That mob? Why is the solution to government created problems always more government?

      Modern government is a self-serving organism in need of extermination. Corruption is rampant and laws designed to allow government and politicians to subvert the rule of law. You're right the government created the mob by enacting prohibition against the manufacture and sale of alcohol except of course for their friends in the mafia.

    28. Re:What is your solution? by Ichijo · · Score: 1

      The $10k number clearly violates the zero-one-infinity rule, which some claim only applies to programming, but wouldn't our laws also benefit from observing this rule?

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    29. Re:What is your solution? by kabulykos · · Score: 1

      The tax evasion charge was primarily innovative because of jurisdiction. What the mob did was, behaviorally, little different from modern-day regulatory capture.

      The federal officials charged with enforcing (federal) tax lawwere removed from — and thus more immune to— the culture of corruption that allowed the shake downs assaults to go unchecked by local governmental officials. You can say the local DA "should" have not been enfeebled by greed as much as a socialist can say everyone "should" not go hungry.

      Most political ideologies eventually play victim to the weakness of human nature.

    30. Re:What is your solution? by Anonymous Coward · · Score: 1

      The problem with RICO and other laws designed to target large organizations is once the laws are on the books, they are often used by law enforcement against small time criminals, back palor poker games, etc. All they have to do is re-define what "large sums of money" constitutes and your next $300 withdrawl to go to the strip club could end up with you being questioned by law officers.

    31. Re:What is your solution? by liquiddark · · Score: 1

      Structuring actually follows pretty stringent requirements. You can get an exemption from normal structuring processing as a small business owner. Source: I actually work in the industry.

    32. Re:What is your solution? by Firethorn · · Score: 2

      You know about it because you work in the industry. But for people running small businesses, often for decades, without a banker who advises them what to do to mark themselves as a SBO who frequently makes < $10k deposits? It doesn't hit that many owners a year, but it's still enough to see that the IRS is abusing the law.

      --
      I don't read AC A human right
    33. Re:What is your solution? by Firethorn · · Score: 1

      A cash business that does frequent deposits simply reports they have frequent cash receipts. That's not structuring and is almost never considered structuring.

      So long as the business owner knows enough, or has a banker/adviser who knows enough, to have them fill out the necessary document to show this.

      --
      I don't read AC A human right
    34. Re:What is your solution? by Firethorn · · Score: 2

      Oh, I do. It was the topic of my monthly letter to my representatives in congress 3 months ago.

      --
      I don't read AC A human right
    35. Re:What is your solution? by Straif · · Score: 2

      These aren't cases of government screwing up, the government is behaving just how it wants to behave.

      Money confiscated through these programs go directly to the branch that confiscates it so even in cases where cash deposits are perfectly reasonable many agencies go with the "take first, question never" approach.

      Why bother filling out paperwork that Aunt Mae's Cupcake Emporium was just depositing the cash on hand at the end of the week when you can instead confiscate all of Aunt Mae's bank accounts and spend it buying whatever the hell you want for the office (the list of purchases with this type of confiscated cash is ridiculous since it doesn't have to follow regular budgetary processes). There are cases where government agencies seized money they knew 100% was legal and literally using it to throw themselves a party (including buying margaritas machines).

      --
      Of course that's just my opinion...... you could be wrong!
    36. Re:What is your solution? by Insanity+Defense · · Score: 1

      Back in the 20s and 30s in the US, the mob ran roughshod over the land. The only way devised to corral them-- because of massive corruption on local, state, and federal levels-- was to invoke tax laws. It worked. It got Capone, and a bunch of the mob.

      What really ended that era of gangsterism? Prohibition was repealed. We didn't see the return of that type of gangsterism until the war on drugs.

      The war on drugs doesn't stop or restrict drug use it creates wealthy powerful gangsters.

      This type of privacy violating law needs to go. If you are suspected of a crime the cops should need to get a warrant to have the banks show them your transactions. Monitoring your finances without a warrant is not fundamentally different than tapping your phone or planting a GPS on your car without one.

    37. Re:What is your solution? by jbolden · · Score: 1

      Its pretty easy the bank asks question, you just answer. We aren't talking millions here. You run something like a cash restaurant that explains cash deposits.

    38. Re:What is your solution? by jbolden · · Score: 1

      I don't think any federal agency gets to keep seized money for the office. I believe all seizures from the DOJ go to a single fund for example.

    39. Re:What is your solution? by Anonymous Coward · · Score: 0

      Even though a CTR has to be filed on $10,000 and greater, a SAR can be filed for any amount. For example a person that structures deposits over the course of a week to avoid the CTR limit may still have a SAR filed on their account by the bank.

    40. Re:What is your solution? by postbigbang · · Score: 1

      We must disagree on both points.

      Here's the basics: we need taxes because we need government. We need to track money; all Hastert had to do was do the filing. That's all.

      In a civil world, we're civil, which means there are places and reasons to cooperate with government. In an ideal world, everyone's honest, but it's not ideal or even close. So we agree on civil and criminal proceedings. Yes, they're unevenly applied. It sucks. But not in this case.

      Your estimation that drugs fuel organized crime is woefully naive. It's a fraction on a good day. Hacking banks, credit card fraud, hijacking, counterfeiting, illegal gambling, let me count the ways-- and these are just the ones that are patently illegal, and not repurposed into seemingly legitimate enterprise.

      Monitoring your finances doesn't need a warrant when you do transfers over 10K. Look it up. Do the report and there's not a problem. GPS? Yeah, SCOTUS scotched it. Tapping your phone? Tell your congressman. I don't like them either.

      --
      ---- Teach Peace. It's Cheaper Than War.
    41. Re:What is your solution? by Anonymous Coward · · Score: 0

      An imperfect law should only be a law if it does some good service to the people without harming them. I don't see this law as doing any good at all. This law isn't imperfect; it's harmful and invasive.

    42. Re:What is your solution? by Straif · · Score: 3, Informative

      That's true to a point. The monies directly seized by the Feds go into a single pool that they have complete control over (it is not regulated by congress) but the various federal agencies often partner up with state or local agencies and when doing so offer them a cut of the take.

      1 stat from 2012 had just the IRS seizures in the neighborhood of 640 cases (almost 6 times the amount from just 7 years before) with less than 20% even resulting in charges being filed.

      Due to the length of time it takes to process a claim against the government to get your money back and the sums involved (usually in the ballpark of $40k) most people take the standard offer of 50% and go home. Even when the victims win in court or the government just gives in, they have been known to skip out on paying the court costs, back interest and other expenses to the victim like they are legally required to.

      This was a letter written to the lawyers of Lyndon McLennan from the U.S Attorney after theiy seized his life savings and he went public:

      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.

      He didn't settle and the case was later dropped and his money returned but none of his expenses were covered.

      --
      Of course that's just my opinion...... you could be wrong!
    43. Re:What is your solution? by Anonymous Coward · · Score: 0

      Which makes sense. It may be legal to shoot a guy in self-defense, but the police officers will (initially) look at it as murder and arrest you. Certainly, the middle link seems quite reasonable. She gets interest, expenses and legal fees.

    44. Re:What is your solution? by KGIII · · Score: 1

      We should all be potentially penalized because of potentially catching a small number of criminals? You may not have any money but some of us do and, so long as we pay our taxes, this should be none of the governments business when we decide to spend it. Cf. The fourth amendment.

      --
      "So long and thanks for all the fish."
    45. Re:What is your solution? by IamTheRealMike · · Score: 1

      If Hastert had done the reporting, he wouldn't be in deep crap at this point, his secrets intact for better and worse. The reporting has a purpose: keep large transfers from skirting reporting in taxes.... like taking your annual profits to a tax haven, and so forth.

      That's not quite how structuring works.

      The rules say you must file paperwork if you do a cash transaction of over $10k (or it might be less these days, the regulations change constantly).

      As nobody likes paperwork, it was thus quickly observed that people who had, say, $30k they wanted to withdraw would simply withdraw less than $10k for four days, and thus avoid triggering the reporting requirements.

      Their "solution" to this was to invent the crime of structuring, which is doing financial transactions to try and avoid the reporting requirements.

      The problem here should be obvious. The law set a limit beyond which you are supposed to do something. Then another law said avoiding the limit is a crime. So what's the real limit? Answer: whatever the government feels like. What happens if you have a business that happens to generate about $9000 in cash per day, and you deposit it every day? Well, sucks to be you. You might be accused of structuring, and how would you defend yourself? You cannot prove your own innocence!

      Was this guy Hastert guilty of structuring? Hard to say - wanting to reduce red tape in your life is not supposed to be a crime, but in this case it is, so perhaps he is a criminal. Or perhaps not. It's entirely subjective.

      The real fix would have been to eliminate the limit and require reporting of all cash transactions, but as that's absurdly impractical they came up with this cludge only a politician could be proud of. For people like us here on Slashdot, many of whom work with software and thus must think very clearly all day, these sorts of laws seem crazy. Figure out what the heck you actually want, government! It's not the fault of random bystanders if you can't figure out what you want and then criminals take advantage of that!

    46. Re:What is your solution? by KGIII · · Score: 1

      All you have to do is the reporting. If you don't, there is a presumption that you're laundering money.

      The only presumption that should be made is innocence. That is by right. Get the fuck out of my country and stop voting.

      --
      "So long and thanks for all the fish."
    47. Re:What is your solution? by Greyfox · · Score: 1

      Well if he'd reported it, wouldn't he or someone had to pay taxes on it? What would you tax blackmail payments under? Capital gains, I'd imagine. He was probably just trying to avoid getting dinged for taxes on top of his blackmail. Speaking of which, why aren't they also charging him with tax evasion, or would that be the guys he was paying? Maybe they got their blackmail payments and properly filed their capital gains taxes against them...

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    48. Re:What is your solution? by tnk1 · · Score: 1

      I don't think he has to pay taxes on the money he gives someone else, unless it was a sales tax, because he still had to presumably pay tax on it coming in as income. Of course, the recipient should be paying income or some tax on that money too.

      Hastert may have had to have gotten a W-9 from the recipient so that he could then report the money that the recipient is getting. So he's still potentially in trouble, I think, but for not reporting the money to the IRS that he gave someone else as a gift or consideration, not for failing to pay taxes on it ( which he already did upon receiving his income that he used to pay the blackmail with).

    49. Re:What is your solution? by Firethorn · · Score: 1

      Here's the deal: The form is only required on deposits of $10k or greater. It's a pattern of sub-$10k deposits that gets the IRS seizing your money, however, there's no specific reporting requirement for a single deposit of under $10k.

      So unless the bank is on the ball, it might not ask. The IRS certainly doesn't ask, it just seizes(as various news articles have shown).

      --
      I don't read AC A human right
    50. Re: What is your solution? by mattack2 · · Score: 1

      Why are you bringing completely unrelated issues ("drug war") into it?

      Plus, how can you have "a tax system that does not require tracking one's every financial transaction"? Rely on people's honesty? HAHAHAHA.. It sure hasn't worked so far. (Yes, even though there are audits and such, I'd say a lot of the tax system is the honor system.. if it weren't, there'd be far more automatic checking of the finances that ARE already tracked.)

    51. Re:What is your solution? by mattack2 · · Score: 1

      Trillions of dollars have left the USA, some of it legally (Apple Computer) and some of it not.

      Apple's earnings didn't "leave" the USA. They were earned outside the USA, and just haven't been brought into the USA.

    52. Re:What is your solution? by Anonymous Coward · · Score: 0

      Sounds like the reason they tightened the thumbscrews on Aaron Schwartz. Bullies don't like the light of day being cast on their abusive behavior. They prefer to use extortion to silence their victims.

    53. Re:What is your solution? by postbigbang · · Score: 1

      Um, no.

      I've done the report. So have any # of slashdotters. No big deal. I have to deal with at least a hundred different kinds of government forms a year-- or my CPA does. Sucks.

      Catches crooks, and money launderers, and the other leeches of a civil society. Still sucks. Still needed.

      --
      ---- Teach Peace. It's Cheaper Than War.
    54. Re:What is your solution? by postbigbang · · Score: 1

      Fill in the form, and you're innocent. Yes, sucks. It's part of civility. Civility is active participation. That's why I vote.

      --
      ---- Teach Peace. It's Cheaper Than War.
    55. Re: What is your solution? by tehcyder · · Score: 1

      We could get rid off the reason for money laundering laws in the first place. End the stupid drug war already. Have a tax system that does not require tracking one's every financial transaction. Then there's no excuse for this part of our garbage heap of a legal code.

      I hate to use this guy as a catalyst for reform, but if that's what it takes so be it.

      There are plenty of other money-making crimes than selling drugs.

      If all drugs were legalised tomorrow, the gangsters would just concentrate more on other activities.

      When the US repealed prohibition, organised crime didn't suddenly disappear.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    56. Re:What is your solution? by tehcyder · · Score: 1
      But here on slashdot, Al Capone was just a guy making money without paying tax, and therefore a hero for disobeying teh government.

      Most criminals are libertarians regarding their own behaviour.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    57. Re:What is your solution? by tehcyder · · Score: 1

      What happens if you have a business that happens to generate about $9000 in cash per day, and you deposit it every day? Well, sucks to be you.

      I'm sure that genuine businesses who deposit $9000 in cash per day manage to get round this by doing the fucking paperwork.

      Boring, I know.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    58. Re:What is your solution? by tehcyder · · Score: 1

      A cash business that does frequent deposits simply reports they have frequent cash receipts. That's not structuring and is almost never considered structuring.

      So long as the business owner knows enough, or has a banker/adviser who knows enough, to have them fill out the necessary document to show this.

      I'm pretty sure the bank where you're depositing your $9,999 a day has advisers on hand to assist you.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    59. Re:What is your solution? by postbigbang · · Score: 1

      I'm not particularly in favor of fascism. I don't also care much for the current government. This said, Capone was a murderer, among many other uncivil traits. Some people can be heroes for defying the government. Capone was a nasty guy, and particularly evil among evil men.

      Libertarians appear to me to be unable or willing to take responsibility for others, and in this specific measure often exhibit the same uncivil characteristics. Rules that are for other people are also often characteristics of narcissism, another lens to look at this behavior. Where is the balance? It is, and always will be tenuous.

      --
      ---- Teach Peace. It's Cheaper Than War.
    60. Re:What is your solution? by tehcyder · · Score: 1

      the libertarian in me wishes to suggest that stopping the mob was the WRONG priority

      The rationalist in me wishes to suggest that this proves that libertarianism is absurdly wrong headed.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    61. Re:What is your solution? by WOOFYGOOFY · · Score: 1

      " RICO Act, along with a long list of others"

      I am not a legal expert so I'll accept correction but I can't think of a more flagrantly obvious application of the RICO crimes law than Google Apple Intel and about 50 ther SV and non-SV companies conspiring to create do not hire lists of their own employees.

      Usually in white collar crime cases, (The Meltdown ) the govt. pleads things like "oh it would be so hard to prove that CEO Scumbag actually knew and condoned the decisions 'cause, golly, these corporations are so complicated it' s hard to prove anyone knew anything.." to excuse the non-prosecution of their political party's corporate donors.

      But here we have Eric Schmidt and Serge Brin and the named head of HR and her henchmen and other named executives in all involved companies openly laughing about what they did.

      There is zero doubt they conspired to limit, disable and otherwise ruin the careeer of anyone who attempted to bring market forces to the table to benefit themselves.

      I remember reading about somewhere in Indiana I think where the govt RICOed a bunch of people who were attempting to fix the local price of concrete. That was nothing in scope or dollar amount compared to what Schmidt and Jobs and the rest of the CEOs did.

      I hear people talk about the RICO Act as though it were a tool to fight corruption. Maybe it is. Too bad it can't fight the corruption of those charged with using the RICO Act to fight corruption. Then it might be good for something more than cement price-fixing .

       

    62. Re:What is your solution? by IamTheRealMike · · Score: 1

      I guess I'm not making it clear.

      The rules say you do paperwork for deposits of over $10k. So why should they do it for $9k deposits?

      Additionally, when the US government thinks you may be structuring, it doesn't simply say "please fill out this form". It tends to just seize the money.

    63. Re:What is your solution? by Anonymous Coward · · Score: 0

      There is no paperwork for depositing LESS than the limit. The paperwork is for depositing OVER the limit. If you consistently make less than the limit and deposit it, the government can accuse you of structuring.

      Want to know what's even worse? They can take all your money when they accuse you. Not after you've been proven guilty, but just when they accuse you. Kind of makes it hard to get a lawyer to defend yourself when you're broke.

      http://www.ij.org/iowa-forfeiture-backgrounder

    64. Re:What is your solution? by Firethorn · · Score: 1

      I'm pretty sure the bank where you're depositing your $9,999 a day has advisers on hand to assist you.

      First, it doesn't have to be that 'close' to the limit. $5k/day might be enough. $9k once a week might be enough. Etc...

      Also, 99% of banks might have somebody that warns you if you might be getting close to being in trouble with the Feds over 'suspicious deposits' that were $5k/week a decade ago and have crept to $9k(ish) twice a week because your insurance only covers under $10k in cash. They haven't met with bankers or tellers individually enough for them to realize that your 'needs' have changed and they need to make that notation.

      But we're dealing with an entire country here, you have those 1%ers slipping through.

      --
      I don't read AC A human right
  31. Hastert asked for Clinton impeachment for lying by Anonymous Coward · · Score: 1

    What's good for the goose is good for the ChiMo.

  32. Statute of Limitations? State Crime, not Federal? by Streetlight · · Score: 1

    First, if Hastert committed the sexual crime some have guessed/alleged, wouldn't it be a violation of an Indiana statute and up to the local DA to prosecute? Secondly, often many criminal statutes have a limited time after which they cannot be prosecuted, so if Hastert did what is alleged with a child, it may be so long ago that it cannot be prosecuted. Murder is one of those crimes that generally does not have a statue of limitation. Also, one cannot be prosecuted for an action that became a crime ex post facto. The only thing law enforcement could find to legally go after him is the crime of taking out too little money per transaction from bank accounts.

    --
    In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
  33. He ought to have heard of the 5th amendment by sjbe · · Score: 4, Insightful

    It sounds like he got caught lying about a crime he didn't commit, which is one of the more ridiculous aspects of the US judicial system.

    If he didn't commit a crime there was no reason to lie about it. He had the option to say nothing under the 5th amendment. He certainly cannot reasonable argue that he didn't know it was a crime to lie to the FBI about his activities especially since he helped write some of the laws pertaining to prosecution of those very same activities.

    1. Re:He ought to have heard of the 5th amendment by Trailer+Trash · · Score: 2

      It sounds like he got caught lying about a crime he didn't commit, which is one of the more ridiculous aspects of the US judicial system.

      If he didn't commit a crime there was no reason to lie about it. He had the option to say nothing under the 5th amendment. He certainly cannot reasonable argue that he didn't know it was a crime to lie to the FBI about his activities especially since he helped write some of the laws pertaining to prosecution of those very same activities.

      To be fair, few people currently in the federal government have heard of the Constitution, much less have familiarity with the various parts of it.

    2. Re:He ought to have heard of the 5th amendment by T.E.D. · · Score: 2

      He had the option to say nothing under the 5th amendment.

      Well, yes there was that option. Unfortunately, due to the other provisions of his own law, that would leave him guilty of Structuring - making transactions in a pattern designed to avoid the federal reporting requirements. Either he was making those transactions the way he was to avoid reporting, and thus broke federal law, or he had to give them a good other reason he made them in the pattern he did. It appears Hastert chose to lie in hopes of getting out of the structuring charges.

  34. They came for by Latent+Heat · · Score: 2
    the Republican House Leadership, but I was not a Republican serving in the House of Representatives.

    They came for lobbyists making a gadzillion dollars representing Turkish interests, but I was not a lobbyist representing Turkish interests.

    They came for persons making "structured" bank withdrawals totaling hundreds of thousands of dollars, but I was not making bank widthdrawals in the hundreds of thousands of dollars.

    1. Re:They came for by DutchUncle · · Score: 1

      The first is neither illegal nor immoral per se, though forcing their narrow-minded views on others is not exactly "do unto others as you would have done unto you". The second is certainly suspicious, and, since it involves a foreign country, is exactly the sort of thing the NSA was originally created to be monitoring. The third . . . yes, a lot of cash is suspicious in this day of debit/gift cards, but "structured withdrawal" is only "wrong" because a law was passed against it comparatively recently. It's like the difference between driving a little over the speed limit in good conditions, and driving drunk: one is wrong because there's a rule against it, and the other is clearly endangering both yourself and others.

      If he had just set up an account and given the debit card to the recipient, like a parent setting up an account for their kid at college, nobody would have ever noticed.

  35. Re:So Hillery is fine but Dennis is a criminal, hu by guruevi · · Score: 1

    The judicial branch, just like the legislative and executive branches are appointed and/or elected at the behest of the current administration. You cannot directly vote for the president, you cannot vote directly for your senators, you cannot vote for judges and prosecutors, they are all appointed by representatives of the state(s).

    Off course they will always get themselves and their cronies in, what would you do?

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  36. Hastert prosecution backlash from Clinton? by Anonymous Coward · · Score: 0

    From the wikipedia article:

    Hastert was known as a frequent critic of Bill Clinton, and immediately upon assuming the speakership, he "played a lead role" in the impeachment of the president.[37].

    If you'll remember, Bill Clinton was impeached because of lying under oath.

  37. I think you need to review the law by zzsmirkzz · · Score: 1

    It isn't illegal to withdraw money from the bank

    Actually, withdrawing money from a bank can be illegal, if it is determined that you structured your withdrawals to avoid the reporting mandated by the government for large withdrawals (i.e. over $10K). Thank you War on Drugs for that bit.

    nor to compensate someone in recognition of past harms

    Compensating someone for past harms? No. Compensating someone for refusing to testify and/or cooperate with an active investigation? Yeah, that is probably illegal for both parties.

  38. Details... by whitroth · · Score: 1

    Lessee, the banks are legally required to report withdrawals of $10k or more. So, in the majority of cases, someone who deliberately intends to evade reporting withdraws $9,990 or so... multiple times. I'm sure someone here can come up with a good reason that you wouldn't want it known to, say, the IRS.

    On the other hand, the most likely reason for this law is to catch under the table payouts... y'know, like to bribe legislative and other government officials, etc.

    Sorry, but I agree with the bust.

                      mark "and they got Al Capone on tax avoidance"

  39. surprising by chilenexus · · Score: 1

    I'm surprised they didn't just charge the money with a crime and seize it. http://en.wikipedia.org/wiki/U...

  40. Sure. by Anonymous Coward · · Score: 0

    No pity for pedophiles. A bullet between the eyes is what he deserves.

  41. He is not "you and me"... by mi · · Score: 3, Interesting

    First of all, I do agree, that neither bank-withdrawals (in whatever "pattern"), nor lying to anyone (unless under oath) should be a crime. Absolutely not.

    But, as long as it is a crime, people like Dennis Hastert — who had the power to do something about these laws, but did not, absolutely must be prosecuted under them. To the fullest extent and without mercy. (I argued the same thing about Spitzer — whose case was even worse, for he not only kept the laws he broke on the books, he strengthened them.)

    He is not a regular citizen — employee, student, businessman. He had the power — and more of it, than even an "average" Congressman.

    All that said about him, I find it disturbing, that the ruling party would prosecute the opposition's politicians. It does not look good. At all... They should be focusing on their own — like the aforementioned Mr. Spitzer, whose sole "punishment" for breaking federal laws, was resignation...

    --
    In Soviet Washington the swamp drains you.
  42. Re:He chose to not exercise his 5th amendment righ by mbkennel · · Score: 1

    | It may be that the statute of limitation on the original crime has expired and these follow on crimes are what is still possible to prosecute. Obviously I don't know what the prosecutors are planning but I'm pretty sure there is a good reason. I doubt they would be worrying about these lesser charges if statutory rape were a charge they could use.

    That would be a state crime, not a federal crime. The state would have to prosecute him for that one unless there was some kidnapping/sex trafficking crime involved.

    The problem with that is the supposed victim would have to testify, and then be open to charges of blackmail himself.

    If Hastert's lobbying career is over, he may find it worthwhile to sue the blackmailer to get his money back.

  43. source Re:There's no way to rule innocent men... by Fubari · · Score: 1
    Source here.
    For that quote alone, Atlas Shrugged was a worthwhile read.

    “There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”

  44. structuring to hide crimes or using your money by Anonymous Coward · · Score: 0

    Structuring laws are to keep the meth dealers from depositing 9000 dollars at a time to conceal their criminal enterprise.

    Now Hastert's abuse may have been a crime (statute of limitations ran out?), but that is not what he is charged with.
    He took his legally earned money (we assume) and paid it to someone.

    This should not be a crime, and indeed had he withdrawn the money by check and paid, there would be NO crime !

  45. Six felonies before breakfast by Anonymous Coward · · Score: 1

    (Somewhat, since who knows what the gov't does) tongue in cheeck:

    Make anyone a felon? Why, some days I've committed as many as six felonies before breakfast.

    "I'm just one hundred and one, five months and a day."
    "I can't believe that!" said Alice.
    "Can't you?" the Queen said in a pitying tone. "Try again: draw a long breath, and shut your eyes."
    Alice laughed. "There's no use trying," she said: "one can't believe impossible things."
    "I daresay you haven't had much practice," said the Queen. "When I was your age, I always did it for half-an-hour a day. Why, sometimes I've believed as many as six impossible things before breakfast."

  46. Sex crime? by Anonymous Coward · · Score: 0

    how about we call it what it was, child molestation

  47. How is paying a blackmailer not illegal? by spads · · Score: 1

    Isn't that making oneself an accessory to a crime or something? Isn't there some necessity to report a known criminal activity?

    And does anyone have any specific details about what is preventing prosecution of the sex crime? Is it that the victim is uncooperative?

    --
    Bukowski said it. I believe it. That settles it.
    1. Re:How is paying a blackmailer not illegal? by PRMan · · Score: 1

      The victim decided he'd rather have an agreed upon payout rather than a long and somewhat meaningless court case (because the person that abused him was so powerful, he would probably get away with just "resigning").

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
  48. Re:The Real Issue...Not indexed for inflation. by Anonymous Coward · · Score: 0

    for cash-only businesses. Most banks will tell businesses to deposit smaller sums of cash to avoid the paperwork hassles. Most businesses do that not knowing that it will raise red flags with the IRS

    Another aspect of this reporting requirement is that its *not indexed for inflation*. In 1970 10k had the purchasing power of over 60k today but the reporting requirement remains unchanged. Over time this creates and increasing burden on businesses and banks as they are required to report transactions of smaller and smaller value. In the distant future when a cup of coffee at starbucks costs $10,000 we will all have to file a report with fincen every morning.

  49. Lying != Evading by Wrath0fb0b · · Score: 1

    I'm really not clear what "evading government scrutiny" means at all. What Hastert did doesn't seem to fit that definition -- he lied to investigators. Not even a questionable/sort-of-weasel lie even, it was a simple and direct statement that was contrary to the truth.

    I agree the government has no right to harass anyone (or snoop their phone calls or steal their emails, FWIW). And the government has no right to demand answers to their questions -- Hastert had the right to remain silent and he declined to exercise it. What the government did here was pretty classic "traditional" investigation -- interview people that are speaking to your voluntarily and find the inconsistencies in what they say.

    [ And while there's a lot to say about coercive interviewing, it's a bit ridiculous to think that applies to a powerful defendant. We're talking about a man that was third in line to be the President, not some teenager being browbeat by a pair of officers in the middle of the night. ]

  50. Re:Because he's a republican by Anonymous Coward · · Score: 0

    WOW! I didn't know that. You must be psycho

  51. Because he's a fool who tried... by Anonymous Coward · · Score: 0

    Because he's a fool who tried to cover up one crime with another. He got caught in his own web. As bad as some of these laws are, and as much as the government has over-stepped its bounds in some cases, it doesn't look like they did here. He lied to the FBI? That's such a fundamental mistake. I learned not to do that when I was a teen-ager. It was actually emphasized in discussions of how to approach a clearance interview. "Even if you've done something illegal, don't lie. It doesn't necessarily mean you won't get cleared, and it could be a felony to lie" or something like that. This truth was born out in my later years, as I met people who had admitted to various drug offenses during interviews, and they received clearance.

  52. Bullshit laws (Re:Stucturing) by mi · · Score: 5, Insightful

    However that doesn't make the laws bullshit. If you have a better way to catch criminals engaged in money laundering

    The primary objection to these laws — and the reason they are considered "bullshit" — is that they allow confiscation of funds without having to prove anything. The government does not even need to file a suit!

    None of the victims are "criminals" — because nobody is a criminal until found guilty in a court of law — and your above-quoted excuse for the law is thus automatically invalid.

    Worse, the practice — and the bullshit laws "authorizing" it — are in direct violation of the Fifth Amendment, which purports to protect us against this exact practice (emphasis mine): "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated".

    --
    In Soviet Washington the swamp drains you.
    1. Re:Bullshit laws (Re:Stucturing) by SpankiMonki · · Score: 2

      Worse, the practice — and the bullshit laws "authorizing" it — are in direct violation of the Fifth Amendment, which purports to protect us against this exact practice (emphasis mine): "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated".

      Better re-read the Constitution. That's not the Fifth Amendment.

    2. Re:Bullshit laws (Re:Stucturing) by mi · · Score: 1

      Ouch! You got me! It is the Fourth... Does it invalidate anything else I said?

      --
      In Soviet Washington the swamp drains you.
    3. Re:Bullshit laws (Re:Stucturing) by MechaStreisand · · Score: 1

      Of course it does not. He's an obvious shill, trying to derail the conversation.

      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
    4. Re:Bullshit laws (Re:Stucturing) by SpankiMonki · · Score: 2

      Shill? No. I'm more of a troll.

      In this particular case, I was simply being pedantic. This is slashdot after all.

    5. Re:Bullshit laws (Re:Stucturing) by mi · · Score: 1

      In this particular case, I was simply being pedantic. This is slashdot after all.

      If that were all there was to it, a Constitutional scholar like yourself would not have missed an opportunity to correct the earlier poster, who claimed, that Hastert was "2nd in line to the presidency"...

      Obviously, Speaker of the House is the 3rd in line — vice-President is the 2nd. And this difference — though still irrelevant to the point made — is much more "material" than the exact numbering of the Amendments.

      --
      In Soviet Washington the swamp drains you.
    6. Re:Bullshit laws (Re:Stucturing) by Anonymous Coward · · Score: 0

      Fuck off. We're all guilty by birth. Pain and death are the only constants in this horrible reality.

    7. Re:Bullshit laws (Re:Stucturing) by SpankiMonki · · Score: 1

      A skilled logician like yourself should know that just because I wasn't pedantic with the other guy, doesn't mean I wasn't with you. Furthermore, my reply to you fits the definition of "pedantic" exactly (contrary to MechaStreisand's usage of "shill").

      Look, I've already admitted to being a pedant and a troll, what more do you want? Are you so butthurt over being corrected that you have to argue that someone else's mistake in this thread is worse than yours? What are you, a nine year old?

      See? See what I'm doing now? It's called "trolling".

      In Internet slang, a troll (/trol/, /trl/) is a person who sows discord on the Internet by starting arguments or upsetting people, by posting inflammatory, extraneous, or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the deliberate intent of provoking readers into an emotional response or of otherwise disrupting normal on-topic discussion.

      But by all means, keep feeding me!

    8. Re:Bullshit laws (Re:Stucturing) by TapeCutter · · Score: 1

      If you're in constant pain you should see a doctor.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    9. Re:Bullshit laws (Re:Stucturing) by reboot246 · · Score: 1

      No. If something happens to the President, the Vice President is FIRST in line to be President. The Speaker is the SECOND in line.

      The President is not standing in the line to replace himself.

      Where did you learn English and logic?

    10. Re: Bullshit laws (Re:Stucturing) by Anonymous Coward · · Score: 0

      Agreed. Bitch boy is a shill.

    11. Re:Bullshit laws (Re:Stucturing) by Anonymous Coward · · Score: 0

      None of the victims are "criminals" — because nobody is a criminal until found guilty in a court of law — and your above-quoted excuse for the law is thus automatically invalid.

      So very wrong. Nobody is a convict until found guilty in a court of law. However, engaging in crime makes you a criminal whether or not you are convicted.

    12. Re:Bullshit laws (Re:Stucturing) by tehcyder · · Score: 1

      I thought the first rule of Troll Club was not to use the word Troll?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    13. Re: Bullshit laws (Re:Stucturing) by AvitarX · · Score: 1

      I would think the president isn't in line at all. They are already the president.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  53. Hastert is just the "Big Name" by Anonymous Coward · · Score: 0

    Hundreds of ordinary hard working Americans are having their businesses destroyed and lives torn apart by the overzealous application of these ill-advised "structuring" laws.

    http://www.washingtonpost.com/news/the-watch/wp/2014/03/24/the-federal-structuring-laws-are-smurfin-ridiculous/

  54. Sexual misconduct charge by Anonymous Coward · · Score: 0

    I suspect the reason he was not charged with sexual misconduct is that the victim refuses to cooperate. Without the victim's testimony, the case falls apart.

    1. Re:Sexual misconduct charge by Lead+Butthead · · Score: 1

      he was not charged with sexual misconduct is that the victim refuses to cooperate

      Well, pedophiles generally don't stop at just one victim or cease after a few years. There're probably many more victims out there.

      --
      ELOI, ELOI, LAMA SABACHTHANI!?
    2. Re:Sexual misconduct charge by Anonymous Coward · · Score: 0

      Well, pedophiles generally don't stop at just one victim or cease after a few years. There're probably many more victims out there.

      The average highschool freshman age is 14. Depending on where you are in the world, having sex with a 14 year old may not even be illegal. Okay, yeah, this took place in 'merica where people like to pretend sexual desire doesn't start at puberty. Of course, Hollywood and the music industry seem to have no problem with using the sex appeal of scantily-clad (underage) teens to push their wares.

      I'm not saying this guy is a saint, but he's not the stereotypical "playground predator in a van" people are making him out to be.

  55. Anti-Republican Justice? by meburke · · Score: 1

    Abuses abound on all fronts, but I'm surprised no one is looking at this for the political motive: The current administration is very good at deflecting criminality of Democratic politicians and very good at smearing as many Republican politicians as possible. I suspect that the reverse will be true when Republicans regain power. It's our fault: We keep electing politicians who forget that they are supposed to protect the rights of EVERYBODY, not just their party members. How cool would it be if voters voted for competency rather than just team affiliation?

    --
    "The mind works quicker than you think!"
  56. structuring is an example of a bad law by david_bonn · · Score: 4, Interesting

    If the intent is to catch actual criminal wrongdoing, rather than make large swathes of the population criminal, the structuring rules are a very good examples of a bad law. First off, the reporting requirements are poorly understood by banking officials who should know better, and the actual reporting can be for cash amounts of as little as $3000.

    A few years back I was involved in what became a rather complicated transaction to buy a rather expensive used car. Because the owners were extremely flakey and confused there ended up being a number (I think five) wire transfers to different accounts. This produced a blizzard of enquiries from my bank and later from federal officials with various agencies with three-letter acronyms. All of the enquiries were worded in a maximally threatening way. All I wanted to do was buy a stupid car. Which turned out to be a piece of shit anyway.

    There are lots of examples of this. The Migratory Bird Treaty act is a great example. Say you find some bird feathers in your yard, and decide to keep them. Say your kids find some more and keep them too. Oops! $5000 fine per feather. Remember, ignorance of the law is no excuse. And by the way, if you can identify your bird feathers and they came from non-migratory birds, you are fine. Unless they are eagle feathers, in which case you are screwed. Except if you are Native American and using the eagle feathers for legitimate cultural purposes.

    Don't even get me started on insider trading laws. Oh hell, as the insider trading laws are written, there is no way to be employed by a company doing useful work and not be at least technically in violation of said laws. Whatever guidance your corporate attorneys give you is based on the SECs guidance on what they actually want to prosecute. That guidance could change tomorrow if they decide to go after you.

    I remember somewhere that this kind of administrative law crap was a substantial factor in what caused the American Revolution.

    1. Re:structuring is an example of a bad law by Anonymous Coward · · Score: 0

      And yet congress is allowed to profit from trading on their own insider information. The only conclusion that can be reached is that the badness of the laws is the intent, to subject people to the whims of whatever functionaries are in power, and to enrich insider crooks.

    2. Re:structuring is an example of a bad law by Anonymous Coward · · Score: 0

      Dammit, I ran out of mod points...

      Someone cover a mod-bro!

    3. Re:structuring is an example of a bad law by Anonymous Coward · · Score: 0

      Maybe you should argue that the US should withdraw from the Migratory Bird Treaty, the fact that you're freaking out about the enabling law is stupid. The reason it exists is because the United States joined the MBT with Canada was because since the birds routinely cross the border between the states it was decided there needed to be a means to regularize their status, and without the treaty it's likely a number of such birds would have gone extinct.

  57. Re:structuring to hide crimes or using your money by Rei · · Score: 4, Interesting

    Did you read what I wrote? The fact that he tried to hide what he did with his money is not a crime. Your pointing this out means nothing as I made the exact same comment. But it is a simple fact that making suspicious financial transactions triggers investigations, as they should. The police can and should investigate when it looks like people are trying to launder money. And then he made false statements to the police during the investigation, which is a crime. You never have the right to lie to the police, even if you feel you've done nothing wrong.

    It's his bed that he's made and he has to lie in it.

    The stupid thing is all he had to do was plead the fifth. Which any lawyer would have advised him to do. But he was so concerned with trying to sweep this thing under the rug that he didn't want to do anything that might make it look like he had something to hide and decided that lying to the police was the best option.

    --
    "Who the **** put an emergency exit in the interrogation room?!" -- Police chief, "Jesus Christ Supercop"
  58. Re:So Hillery is fine but Dennis is a criminal, hu by DaHat · · Score: 1

    you cannot vote directly for your senators

    The Seventeenth Amend disagrees... unfortunately.

  59. Re:He chose to not exercise his 5th amendment righ by Anonymous Coward · · Score: 0

    "Lying to a law enforcement officer is always illegal"

    No, it isn't. It's almost always legal. The exceptions are on legal documents which clearly state that you assert that all information is truthful to the best of your knowledge or if you are under oath swearing to tell the truth. Now, they can use anything you say against you in court, but the fact that you lied is in no way illegal except in the previous circumstances.

  60. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    I have integrity so... I'd appoint people that also had integrity. Such people would destroy me as readily as anyone else if duty demanded it.

    People like me don't often get into positions of power. Mostly because everyone has a vote and that means stupid people can vote. Stupid people out number smart people... lazy out number the engaged. And so because it is easy to lie to morons... you get a government elected by morons. Which is generally run by con artists of varying stripes because they're better at manipulating people.

    And thus you get what we have today.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  61. Politicians should not be prosecuted by tekrat · · Score: 3, Funny

    Politicians should not be prosecuted for LYING. After all, it's their primary function. They can't help it. It's like trying to prosecute an ordinary citizen for drawing breath. What would be unusual is a politician telling the truth.

    --
    If telephones are outlawed, then only outlaws will have telephones.
    1. Re:Politicians should not be prosecuted by timothy · · Score: 1

      Wait, shouldn't that be "Politicians SHOULD not be prosecuted for lying. After all, it's their primary function."

      Just because it's primary doesn't mean it's good ;)

      --
      jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
    2. Re:Politicians should not be prosecuted by aralin · · Score: 1

      Actually why don't we make lying by elected official a crime punishable by life in prison without possibility of parole. Let's also include election campaigns into it.

      --
      If programs would be read like poetry, most programmers would be Vogons.
  62. It's called currency by Anonymous Coward · · Score: 0

    Evade government scrutiny? It is called currency. Legal tender for all debts public and private, with emphasis on private.

  63. My Money by digitalboss · · Score: 0

    It should not be against the law for me to withdraw my own money from my own account, how ever I structure it, it is my money.

  64. Re:He chose to not exercise his 5th amendment righ by Anonymous Coward · · Score: 0

    Just remember that there are no recordings of your conversation with FBI agents, so it's just their word against yours. If they "misremember" something, good luck proving it.

  65. Al Capone by Anonymous Coward · · Score: 0

    It's a crime because it points to a crime, and the crime itself may be difficult or impossible to convict. Al Capone did all sorts of criminal things, but prosecutors couldn't convict him of anything, so they prosecuted a law they could: tax evasion. Laws restricting someone like Hastert from managing his cash as he sees fit may outrage libetardian nutcases, but it helped us find out what Hastert is up to.

  66. Re:So Hillery is fine but Dennis is a criminal, hu by tekrat · · Score: 1

    The Iraq war was all politics too. Dubya didn't like Saddam Hussein, so, we invaded a soverign nation, killed hundreds of thousands and blew trillions of dollars, while also creating an entire generation of kids who are amputees.

    You don't live in a open, free society. Get used to it, this is only going to get worse, because the government is corrupt and has been for some time.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  67. Laudering vs. Structuring by Anonymous Coward · · Score: 0

    When someone launders money, they are typically hiding illegal transactions, such as the sale of illegal goods. By going after the money, law enforcement can effectively track and prosecute the activity behind it.

    Structuring has ensnared many innocent people. If someone runs a legitimate business that brings in close to, but not over $10,000 in receipts, the government has learned to seize first and ask questions later. The innocent people, then need to prove that they are innocent in order to have their assets returned. Structuring laws should be declared a violation of the constitution as an illegal search and seizure.

    The question that the original poster had was why is this going to prosecution, and the answer is that that Hastert lied to FBI agents. This is despite the absence of any other crime. Note that Martha Stewart had the same issue, as have many others. Funny how the police can lie to suspects though.

    The lesson to be learned is DO NOT TALK TO POLICE.

  68. An upside down world by Anonymous Coward · · Score: 0

    For a few hours, it was illegal for the NSA to collect phone metadata. They did it anyway and promised not to search it until after they got permission.
    They did not hide this fact. It was part of the Senate debate for getting new permission.

    Mr. Hastert did something legal but tried to hide it.

    The prosecutor's choice of targets seems backwards.
    Kind of like the law being used to further an agenda.
    Makes one wonder if the lady with the scales and the blindfold can really see.

    In other news, the sun came up again today.

  69. Because they like it that way. by Anonymous Coward · · Score: 0

    Combine unknowably large numbers of ambiguous laws with selective enforcement and you have total control over your citizens. Right now, the typical American is in violation of around 3 laws per day, even if they do nothing at all.

  70. He broke the law, and he voted for the law by CensorshipDonkey · · Score: 1

    He voted for this law. He broke the law. He was advised by his bank that he was breaking it, so it's not like he was ignorant. If you don't like the security state, change the damn law, but I think this is a perfectly valid prosecution.

  71. I told you so, didn't I? by Applehu+Akbar · · Score: 1

    This subject came up in last week's bust of FIFA. Deternined forensic rooting around would probably find a lot of evidence that FIFA officials bribed their way through at least the last couple of decades. But the FBI did not have that evidence, so it took the easy way out, US banking laws criminalize dealing in cash. It's technically a crime to deposit more than $10,000 into a US bank at one time. So is making smaller deposits over any length of time, which is called "structuring." Everybody deposits cash on occasion and in technical violation, so structuring is a handy charge to use when you want to put someone away but don't have enough real evidence.

    Now tha this has bitten Republicans, perhaps Congress will repeal this mess after the next election when there won't be a veto.

    1. Re:I told you so, didn't I? by david_thornley · · Score: 1

      It is perfectly legal to deposit or withdraw money. However, transactions over a certain limit ($10K when I last paid attention) are reported to the Feds, as a matter of law. Trying to evade that reporting is illegal.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    2. Re:I told you so, didn't I? by Applehu+Akbar · · Score: 1

      The problem is that whereas the $10,000 limit is at least a bright-line rule, depositing smaller amounts can be construed as a crime whenever a prosecutor wants to make it so. And yes, this can affect you.

  72. He's screwed if he didn't file a gift tax form by m.dillon · · Score: 2

    I'm going to guess that he didn't file a gift tax return with the IRS for the millions he gave to person X. In which case he's up for tax evasion.

    There's a certain degree of paranoia involved here as well. But this law isn't even the most onerous in the U.S. The worst one is the police confiscation laws that were originally intended to be anti-trafficking tools but now tend to be abused rather badly.

    http://www.npr.org/sections/th...

    -Matt

  73. Clinton derangement syndrome? by Anonymous Coward · · Score: 0

    > The Clintons do that every day. No. Literally every day. They did it yesterday and they'll do it tomorrow. They've been doing it for years and years and years. The Clinton scandals go back to before Bill became president.

    Do you have any evidence of this like anywhere besides some weird echo machine? Not a fan of all of the above but more gratuitous Clinton derangement syndrome is just weird at this point. Do you still bring up Ted Kennedy's car when discussing Washington DC?

    1. Re:Clinton derangement syndrome? by Karmashock · · Score: 1

      Sure. And the evidence is so strong that her political allies are being forced to admit to protect their own credibility.

      You want specific evidence? In what form please? I want you to define what qualifies as evidence so you can't goal post move when I provide it.

      I am not interested in trying to nail jello to the wall. Cite what you want and what you consider to be evidence. And then when I hammer that nail in... I want to enjoy it.

      https://www.youtube.com/watch?...

      So make my day. Put your hand on that wall. :)

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  74. Re:structuring to hide crimes or using your money by Anonymous Coward · · Score: 2, Informative

    Withdrawing money in a suspicious way was the crime (as in he might have withdrawn $5000 at a time many times... felony).

    http://en.wikipedia.org/wiki/Structuring#United_States

    I don't think you grasp how depraved your country's laws are.

    "Hastert was indicted for two alleged felonies: 1) withdrawing cash from his bank accounts in amounts and patterns designed to hide the payments; and 2) lying ..."

    You are glossing over the 1st felony here because it rightly seems absurd according to your common sense world view. But it is very real.

  75. There is no law in America by Anonymous Coward · · Score: 0

    There is no law in America according to the definition of law. You are subject to the whims of people in power.

  76. Re:He chose to not exercise his 5th amendment righ by Anonymous Coward · · Score: 0

    As one of the few people that still uses cash to conduct my business, I find this line of reasoning problematic. I have had the tellers ask me to withdraw my cash in smaller amounts so that they do not need to fill out the paperwork (you might say this is laziness on their part but the paperwork involved is rather overly time consuming). In most cases I only do 1 withdraw a week but I have had to go multiple times and withdraw. Should I be considered a potential criminal for using cash instead of a check?

    According to the government I am a criminal, I have had people knocking on my door multiple times. Just remember withdrawing multiple amounts under a specified limit is considering structuring, it doesn't matter if its only $1 or $9999, if you have withdrawn cash more than once you are guilty of structuring. Don't believe me, read the law ACTUALLY says. It is a vague and dangerous thing that needs to be fixed.

  77. I Work at a Big Bank by Anonymous Coward · · Score: 1

    Even though I'm in IT, and not in a role that has any access to any actual server/system and never touch any cash, I have to take the same training every year. How to spot fraud/organized crime/terrorists.

    We also learn about laws passed back in the 1930's, things like "don't give the money in the bank to your friends, don't give the bank's stuff to your family".

    Things you wouldn't think would need to be written into law, but actually need to be, because at one time, banks did bad things.

    Can you imagine?

    Trust me, you want these laws. If you knew more about how the banking system works you'd want more regulation. Big banks are still laundering money for drug cartels (drugs are fun, cartels are not), terrorists, and FIFA.

    Once when I was self employed I had to cash a check for over 10K, and they had me fill out a short form for the cash. It wasn't a big deal. Hastert is just a bad guy and didn't want anyone to know.

  78. Don't talk to the feds by PPH · · Score: 1

    The power balance is just too lopsided. If they ask, just tell them that, on advice of counsel, you respectfully decline to communicate with them.

    --
    Have gnu, will travel.
  79. Re:So Hillery is fine but Dennis is a criminal, hu by Anonymous Coward · · Score: 0

    Right. Because the Clinton Foundation was sloppy in their accounting when they were getting donations to use to build schools in poor countries is EXACTLY the same as paying to cover up you pedophilia.

    I hope the kid he molested gets the rest of his money.

  80. Lavrentiy Beria by PPH · · Score: 1

    "Show me the man, and I'll show you the crime."

    --
    Have gnu, will travel.
  81. After further consideration... by Anonymous Coward · · Score: 0

    Hastert actually seems to have committed a couple felonies that are within the statute of limitations and clearly fall within Federal jurisdiction. What about the sex crimes? I'm sure we'll learn more after further investigation by the Feds and Illinois justice departments. Give them time!

  82. How does a former School Teacher have Millions??? by waldozer · · Score: 1

    How a former school teacher has over a million to give away, is what I want investigated.

  83. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    *chuckles*

    You know you're outing yourself as a bigger partisan hack and more gullible than MSNBC... right? I'm just saying... the Huffington Post, Politico, New York Times, Los Angeles Times, etc... they've all verified this shit.

    And yet... here you are... your head so far up your own ass your eyes and ears have atrophied.

    This is happening. Wake up.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  84. fuck the feds by wendyo · · Score: 1

    If they want to know about every cash deposit/withdrawal, then pass a law that banks have to report all of them. Right now it has to exceed $10k before it's reported.

    Not wanting to be spied on is a natural inclination.

  85. what about the blackmailer? by Anonymous Coward · · Score: 0

    nobody's mentioned HIM yet - isn't blackmail still a crime worth prosecuting?

  86. He got indicted for it by Anonymous Coward · · Score: 0

    so, yes it is illegal.

    If he paid money to someone in excess of $400, that person owes income tax on it. If it is a 1 time gift of over $10K the giver owes tax on it. There are laws in place that make what he did illegal. Which, again, is why he was indicted, because it is illegal. These laws are in place to thwart money laundering and tax evasion.

    He wasn't necessarily trying to avoid taxes, but ultimately he did, so again, it is illegal.

  87. Re:source Re:There's no way to rule innocent men.. by random+coward · · Score: 1

    Add to it Francisco's speech in defense of money, and the story of the Twentieth Century Motor Company. Those passages are worth the read of the book.

  88. Why is it a crime to violate the law? by Anonymous Coward · · Score: 0

    Yes, let's all spend lots of time drumming up sympathy for a republican fat cat and never mind about the millions of people whose money and property has been seized via "civil forfeiture" laws which actually do give police the power to seize damn near anything from damn near anybody on damn near any pretext they can dream up.

  89. Human reasoning: by Hartree · · Score: 1

    No, no. Since the information came out and it's about someone we don't like (Hastert), it's "whistleblowing" not blackmail.

    If it was someone we liked it would be blackmail. Understand?

  90. You have it backwards! by s.petry · · Score: 1

    The person being prosecuted for breaking the law passed the laws he broke. That is justice, not tyranny. Unjust would be the person not being charged for breaking the laws. The point of him helping to pass those laws is only relevant because someone wants to claim good vs. bad law as part of the context of him breaking the laws (which is a completely different issue).

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  91. Re:The Real Issue...Not indexed for inflation. by Lead+Butthead · · Score: 1

    Over time this creates and increasing burden on businesses and banks as they are required to report transactions of smaller and smaller value.

    If it's such a big fuss (read cost) then the banking lobby would've moved to have it adjusted to inflation. What's in it for them by not having the said adjustment done?

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  92. Can't decide by Anonymous Coward · · Score: 0

    Well, he was a public service and as such I am happy that he was under higher scrutiny. The simple fact is that it is illegal to mislead or lie to police, regardless of whether or not you are being investigated or ultimately convicted of any crime. However, I do not think we need to allow fishing expeditions that allow police to use these laws. Still, I would not or (if it currently occurs) am not opposed to fishing expeditions against elected officials to see if they have any suspect or illegal activities.

  93. rule != lead by Anonymous Coward · · Score: 0

    If Ayn Rand said there's no way to lead innocent men, I'd agree with you.

  94. Re:He chose to not exercise his 5th amendment righ by sudon't · · Score: 2

    This is primarily due to laws aimed at combating money laundering and financing criminal and terrorist groups.

    That may have been the intention of the law, but it has become quite a cash cow for law enforcement through abuses of the statute. These laws flip the Constitution on its head because you are guilty until you can prove your innocence. That's not always easy with cash. There are cases where they've literally taken the life savings of little old ladies.

    Lying to a law enforcement officer is always illegal.

    No. There's a law against lying to Federal agents, and Michigan recently passed such a law, but it varies by state. Cops, of course, can lie their ass off to you.

    Obviously I don't know what the prosecutors are planning but I'm pretty sure there is a good reason.

    Yeah, don't count on it. This law, and similar state laws, have been abused to such an extent that many legislators are now trying to pass reform laws. The most recent story I've read, concerns a convenience store owner whose assets were seized because his cash deposits, his daily receipts, were often in excess of $10k. His bank advised him to make smaller deposits, else they had to report them. He did that, and that's when the Feds swooped in and cleaned him out. Damned if you do, and damned if you don't.
    Google something like: "forfeiture abuses" to see many, many more egregious cases.

    --
    -- sudon't

    Air-ride Equipped

  95. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    You're conflating a war that turned out to have bad intelligence with a federal agency attacking DOMESTIC political enemies and protecting DOMESTIC political allies?

    That's fucking filthy.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  96. Trading liberty for safety by macraig · · Score: 1

    It isn't even mentioned in the summary until the end, but "over-criminalization" has been worrying me, too. Another example, and an even better one, is the increasing criminalization of predicate behaviors, like alcoholism, that MIGHT lead to criminal behavior but are not of themselves criminal. There are many such predicate behaviors that are now criminalized, and the number increases. Making these predicate behaviors illegal allows gung-ho police and prosecutors and lawyers to indict and convict many more people than they could otherwise. It once again trades liberty for "safety".

  97. Also beware of payoffs above $14K. by Anonymous Coward · · Score: 0

    Shrug. Yes, things like tax evasion are not sexy, but they are still criminal. Al Capone was presumably responsible for dozens of murders, but he was tried and convicted on tax fraud charges.

    Beyond the illegality of "structuring" withdrawals to evade scrutiny, here's another handy tip for those planning to pay millions of dollars of hush money to cover up something embarrassing from your past:

    You can only give $14K or less in cash per year to someone without having to file Form 709 -- Gift Tax. You may not have to pay gift tax on that transaction, but it does count towards your lifetime gift+estate tax exemption of (currently) $5.34 million.

  98. Re:So Hillery is fine but Dennis is a criminal, hu by Straif · · Score: 1

    The Clinton Foundation spends a paltry amount on actual charitable works; in fact they spend as much on office supplies as charity. The vast majority of money is spent on paying Clintonites salaries during times they can't be paid by other official means (see Sidney Blumenthal) as well as paying for first class airfare and hotels for the Clintons and their friends.

    There is a reason most charity watchdog groups refuse to classify the Clinton Foundation as a charity.

    --
    Of course that's just my opinion...... you could be wrong!
  99. Mod parent down by Prune · · Score: 2, Insightful

    The US government decided that they wanted to know all about large cash transactions

    The $10,000 threshold was set in 1970, when it really was a large amount (over $60,000 in today's dollars). Now, not so much, and over the years, the number of people becoming ensnared due to transactions that are not in support of any crime has increased. What do you say to that, you statist scum? Do you seriously suppose that the threshold was not linked to inflation but left to have its real value fall continuously and indefinitely because of oversight? Because if so, you're either a bald-faced liar, or, well, I have a bridge to sell you.

    --
    "Politicians and diapers must be changed often, and for the same reason."
  100. What purpose does this sentence serve? by Anonymous Coward · · Score: 0

    If federal prosecutors could meet the legal thresholds for charging and convicting Hastert of a sex crime, they would be fully justified in aggressively pursuing the matter.

    If federal prosecutors could meet the legal thresholds for charging and convicting anyone of any crime, they would be fully justified in aggressively pursuing the matter. So what? I hope your high school journalism teacher didn't accept assignments with this type of padding in them.

  101. When Anyone's a Felon, Eveyone's a Felon by manlygeek · · Score: 1

    We've really hit rock bottom in an Orwellian sort of way. I agree with the original poster that actual crimes should be prosecuted by due process. But when the government can't seem to gather the requisite evidence, it uses broad charges like "Obstruction of Justice." The only thing that Dennis Hastert is **currently** guilty of (and that could and hopefully will change) is not having a lawyer present when he was questioned by the FBI goons. Never talk to law enforcement without one present.

    --
    Be More, Be Manly, The Manly Geek Ubergeek Extraordinaire Blogger: www.manlygeek.com/blog Podcaster: podcast.man
  102. Late Roman Republic anyone? by Anonymous Coward · · Score: 0

    Nothing all that new here ... check out Sulla's actions ... or those of Marius ... or Cinna ...

    Of course THOSE proscriptions were death instead of whatever is ahead for the enemies of the interestingly named 'Department of Justice'.

    We have Senators too. Ain't much fun to live in interesting times is it?

  103. Re:So Hillery is fine but Dennis is a criminal, hu by Anonymous Coward · · Score: 0

    I don't know where you live, but I directly vote for my senators twice every six years.

  104. Non-Objective Law by Anonymous Coward · · Score: 1

    "Non-objective law is the most effective weapon of human enslavement: its victims become its enforcers and enslave themselves." -- Ayn Rand

    http://aynrandlexicon.com/lexicon/law,_objective_and_non-objective.html

  105. International security theater by spaceyhackerlady · · Score: 1

    It's not just in the U.S.A.

    In Canada we've just had a verdict in a supposedly homegrown terrorism case (do a search for the names Nuttal and Korody), but it's clear that the defendants only have a handful of brain cells between them (heroin will do that...), and the undercover cops had a major part in turning a couple of harmless losers who aren't quite sure what day it is in to a major threat to national security. Needless to say, their lawyer is going for entrapment.

    Also needless to say, the media are going entirely with the government/party line...

    ...laura

  106. Re:The Real Issue...Not indexed for inflation. by david_thornley · · Score: 1

    I got mandatory training on this when doing a Perl gig at Wells Fargo about ten years ago. The impression I got is that the bank didn't care for the reporting, but had to do it. The more enthusiastic part of the training seemed to be how to not quite violate the Do Not Call List law.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  107. Re:So Hillery is fine but Dennis is a criminal, hu by david_thornley · · Score: 1

    The Federal judiciary is appointed by the President with confirmation from the Senate. Appointments are for life, and it's real hard to get rid of a Federal judge who's not convicted of a crime. The Justice Department is part of the Executive Branch, and does depend on the current President.

    BTW, I do vote for my own Senators. You may want to get a newer copy of the Constitution, since the old way (selection by the legislature) was amended away a long time ago.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  108. Re:So Hillery is fine but Dennis is a criminal, hu by david_thornley · · Score: 1

    The Iraq war was not because of faulty intelligence. Find a copy of Colin Powell's book "It Worked For Me". For best results, get the audiobook, as Powell himself read it and it's interesting to listen to his tone of voice changes while talking about his UN presentation. He says that he was given a lawyer's brief on why to go to war, not an intelligence estimate, and didn't have time to do his own fact-checking.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  109. Re:So Hillery is fine but Dennis is a criminal, hu by Areyoukiddingme · · Score: 1

    The Gibson guitar factory got raided by the FBI for having rare woods... finger boards... and they said something about how that was a violation of some law from the 1920s that makes no sense.

    Uh, what? The Gibson guitar factory got raided for violating a law proposed by George W. Bush in 2003. And eventually signed into law by George W. Bush when Congress agreed with his initiative and passed the law. It worked, too. Illegal logging is down around the world. Boohoo, contributing to the party that made your actions illegal doesn't get you a "get out of jail free" card. How sad for you.

    The Justice Department may or may not be engaged in politically motivated prosecution, but your choice of examples is feeble.

  110. It is called structuring and it is a crime by Anonymous Coward · · Score: 0

    Structuring bank payments to avoid detection for the purposes of tax reporting is a crime. Do your fucking homework.

  111. Not JUST overcriminalizing... by TaleSpinner · · Score: 1

    While I certainly agree with (both) the basic premises, I would also point out that
    as a culture, we have completely UNDERcriminalized reprehensible behavior from
    far too many people whose misbehavior represents a significant national threat. Has
    what Hastert has done so much worse than what Hillary did? Why does he get the
    full flame-thrower treatment and she, still standing amongst the slowly dissipating
    smoke from her crime of (at least) destroying 30,000 government documents which
    may or may not have been proof of criminal actions is lauded as the first female
    president-in-waiting? Could it be because her husband helped set these new standards
    of so-what-everybody-does-it thinking that now excuse the administration of a man who
    has done more harm to this country than any external enemy could have ever hoped to
    inflict?

    We aren't really OVERcriminalizing. We simply aren't bothering to apply consistent
    standards to determine whether a given behavior should be taken as criminal.

  112. Re:He chose to not exercise his 5th amendment righ by penguinoid · · Score: 1

    Lying to a law enforcement officer is always illegal. They may or may not care about why you engaged in the activities you did but lying about it is clearly a crime in our justice system. Realistically it cannot be otherwise if you wish to have effective investigations of crimes.

    If they wanted to have effective investigation of crimes, they should not have made talking to the cops a terribly risky endeavor.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  113. Elephant in the room... by Anonymous Coward · · Score: 0

    Ok, I will say it since no one else has the balls to point out the obvious hypocrisy here.

    Dennis Hastert became speaker of the house in 1999, right after the Monica Lewinsky case which was actually an investigation into the Clinton Whitewater case, where when the republicans could not pin any of their bogus allegations on the Clintons they turned to making it a "the President got a Blow Job!" case.

    Dennis Hastert, meanwhile is a child molester it seems. Where are the people that are ready to turn this case into what it is, child molestation and lying to the feds about it?

    All the self righteous hand wringing of the early 2000's by conservatives to me about how "Immoral" the Clintons and therefore the Democrats were is just plain bullshit.

  114. If you have an (D) or (R) after your name by p51d007 · · Score: 1

    Don't get me wrong, if Hastert did something that violates the law, then he should be appropriately punished. The thing that bothers me is it should not be ANYONE's business how much money I put into, or out of my personal bank account! Period! The other thing is, selective prosecution. How come some of the shady dealings that Bill & Hillary, are not treated with the same level of prosecution, that someone with an (R) by there name receives.

  115. Re:So Hillery is fine but Dennis is a criminal, hu by Uberbah · · Score: 1

    You're conflating a war that turned out to have bad intelligence

    You're going to put on those clown shoes in public? After whining about 20 year old Clinton Chronicle horseshit, you're going through a marthathon session of Twister to excuse the Bush Administration's constant, bald-faced lying on Iraq?

    Really?

    Well, thanks for making it clear you're as much of a drooling, brain dead partisan tribalist as an Obamabot who spent years railing against the Patriot Act only to snooze when Obama pushed the far more odious NDAA into law.

    Could you guys all move out to Political Hack Island and fight it out, leaving the rest of us in peace?

  116. Re:So Hillery is fine but Dennis is a criminal, hu by Uberbah · · Score: 1

    The Seventeenth Amend disagrees... unfortunately.

    Why. Because you miss the days of monopolies and trusts openly buying U.S. Senate seats on the floors of statehouses?

  117. He is now a Terrorist by Anonymous Coward · · Score: 0

    His cash draws probably exceeded the amount that has to be reported to the officials. Since he tried to avoid the reporting requirement, he became a person of federal interest.

  118. Seriously? by Anonymous Coward · · Score: 0

    You'd be ok with a murder paying off the family to keep quiet about a murder he committed? That's why. He's paying to cover up a crime.

  119. Re:He chose to not exercise his 5th amendment righ by tehcyder · · Score: 1

    If Hastert's lobbying career is over, he may find it worthwhile to sue the blackmailer to get his money back.

    Couldn't the blackmailer then counter-sue him for the trauma caused by the rape, evidence of which would be the fact that Hastert was prepared to pay money to prevent it being revealed? Or do statutes of limitations apply in civil cases?

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  120. good for the goose by TheCarp · · Score: 1

    Well I would tend to agree but, if Ross Ulbricht can get life in prison and have people justifing it based on crimes he wasn't even charged with, then I don't see why this is a problem.

    Whats good for the goose is amazing for the gander.

    --
    "I opened my eyes, and everything went dark again"
  121. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    Lying? Really Think you could prove that in a court of law? Because the clinton scandals you could prove in a court of law. As well as obstruction of justice and other fun stuff.

    Cite what you could actually prove. Not your raging bias boner.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  122. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    Wrong, sir!

    That's so wrong I'm going to let wonka rub it in.

    https://www.youtube.com/watch?...

    They were cited as violating the Lacy act of 1900. The law is 115 years old. that is a bit before Bush jr's time and a bit before his father's time as well. So... where did you get that information?

    Your link did not cite the Gibson incident at all. Please cite a link that attributes the gibson raid to Bush. I think you just made that up and effectively attempted a really stupid lie.

    http://www.bizjournals.com/nas...

    http://www.science20.com/scien...

    The issue involved fingerboards imported from India. The Lacy act involves people basically smuggling things through the customs of other countries and then into the US. The idea was to punish companies in the US that break the laws of other countries when they export things.

    The problem is that Gibson did not break the Lacy act because their exports complied entirely with Indian law. The Indian government has no problem with what Gibson did. Therefore it is not possible for them to be in violation of the Lacy act.

    And it should further be noted that Gibson's competitors also imported fingerboards from India and were not raided.

    Gibson apparently paid the Federal government 300,000 dollars to fuck off. Because the legal fees exceeded the costs of that fine.

    Welcome to the 21st century. Were the government abuses you with your own money and if you want to resist you have to spend more of your own money.

    --
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  123. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    You're trying to hang charge of TREASON which requires load bearing structural steel levels of evidence on an argument that is at best a wobbly house of cards of evidence.

    You're saying that an off handed comment which you're just interpreting a certain way means there was not only deceit but a specific kind of it in a context which you have provided for me out of whole cloth. This is at best tautology.

    You can't make those claims on that basis.

      A voice change? The fact that he might have gotten a legal argument prior to going into a diplomatic and political setting? Fucking shocking. I'm sure cabinet members never get briefed by legal teams before making complex arguments that will touch on legal matters... Right guys?

    This means treason? You do realize that if you held the same standard for Hillary, the Benghazi situation would again see her charged with treason as well... more easily. Because the evidence for that is quite a bit stronger. We have for example her being aware that the incident was not triggered by a youtube video FROM HER OWN EMAILS very early on in the incident.

    Bengazi had a few scandals baked into it. The first was that they lied to the American people about it being an AQ terrorist attack because Obama was trying to claim that the terrorism issue was done. Clearly it wasn't so they lied. That is easily proven and not controversal.

    The more controversal point which there isn't enough evidence for yet... but this what the republicans are digging for... is that Hillary let US diplomatic forces die because she worried that sending in the Marines to save our people would create a bigger incident. And politically since they were trying to pretend AQ didn't exist and terrorism was done... they let our people die.

    Again, I freely admit that there isn't enough evidence for that charge. Unlike you with your stupid Powell citation, I realize that this is a suspicion and an allegation but by no means proven or possibly even provable.

    But that is what the republicans are digging for in Benghazi. Just in case you didn't know.

    There's more though. Because it is also provable that Hillary received many requests for security at that facility prior to it being attacked. They were begging for support. They said they were afraid and they wanted something to defend themselves.

    Hillary says she didn't even read the requests despite them being flagged by the state department as being pretty fucking critical memos. On that, alone you can cite her for gross incompetence.

    But then consider that she probably did read them and chose to deny the security... for the same reason they lied about why the facility was attacked and for the same reason they PROBABLY didn't send support. That is, sending more security would make it clear that there was a security problem there. And she was more worried about that political impression than the safety of her people. Is there proof of that? Nope.

    All we have proof of is that she lied for political advantage and was at the very least grossly incompetent. That's best case and in the fucking bag.

    Worst case... and unproven, is that she left her people undefended for poltiical advantage and then murdered them rather than admit to an issue.

    I'll point out that when the whole thing was going on and the attack was ongoing... she went home to go to sleep. How many secretaries of state would do that when their diplomats were getting murdered?

    Go back to the Iran hostage situation. Think the secretary of state got any sleep? They were taking naps at the white house when that was happening. She went home.

    You want to put Dennis' feet to the fire? Fine... The price is Hillary gets burned alive. Frankly, the dems have no credibility in this context anymore.

    None.

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  124. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    there were problems with the old system, but it did actually make the states powerful in the federal government which was the point of making the senators appointed.

    The people vote for the for their congressman. The senate was supposed to represent the state governments in the federal legislature.

    I think a better way of reforming the system would have been to set up a system for dealing with corruption.

    The existing system basically gives the state governments no agency in the federal legislature. Which is not how our government was supposed to work.

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  125. pinned in under 10 seconds by Joe+Branya · · Score: 1

    Hastard on his own pederasty (I couldn't resist)

    If the prosecutors knew what the money was being used for via a wiretap or an investigation before they "interviewed" Hastard then this was the usual setup of an unwary non-lawyer. Since he is not a public official like Spitzer was (and thus potentially subject to blackmail in his official capacity) I'm not sure that the Hastard interview was so routine. There are a lot of structured cash cases out there to investigate. As this continues we will get a timeline from the Court sometime in 2017 and be able to decide if this was a setup.. And why has the ex-student not been charged or has he? In other words, did he contact the prosecutor or did he cooperate and help set up Hastard.

    Paraphrasing the head of the Soviet secret police talking to Stalin in the 1930s, "Show me the man and I'll find you the crime". Finally this is a direct outgrowth of the Al Capone tax evasion charge in the U.S. Just remember, whatever they can do to him they can do to you.

  126. Decriminalize being Human... by pebear · · Score: 1

    We need our politicians to decriminalize the very act of being human in the US. We need to make the US the land of the free once more. We are no longer a free country as evidenced by the Patriot act. The whole legislation that makes it easier to bring down terrorist are making more and more American's felons. We put more people in Jail and Prison than any other country in the world. We created a crime out of taking out 9999 dollars at a time called structuring. Now If I wanted to take out more than 10 K from my saving and blow it all on coke that should be my business. The government is so ate up with the war on terrorism and the war on drugs and in a sick manner linked the two, that we the people are all caught up in the cross hairs. So when the FBI ask you a question any question, and you lie to them, and they can lie all they want to you, it's a felony. Think about all this the next time you are standing in line at CVS to sign for your monthly allotment of psudophed. (Oh yeah another piece of the Patriot act)

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    Paul E. Bahre
  127. Re:So Hillery is fine but Dennis is a criminal, hu by david_thornley · · Score: 1

    Man, that was an impressive and mostly off-topic rant. Is it really your position that doubting what you say on the causes of the Iraq war is sufficient evidence to convict Hillary Clinton?

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  128. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    not really. I pointed out you were making claims that can't be substantiated and you're now continuing your pattern of evasion.

    There is nothing anyone could possibly say to you that would get you to respond ethically. The concept is alien to you. I've tried. And you just do "this" every time.

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  129. Al Capone referenced 21 times by the time I got he by fuzzy2k · · Score: 1

    So much for my insightful "Yeah, and Al Capone went to jail for tax evasion, where he died of syphilis" comment being original and thought provoking. Most people disapprove of child molesters using a position of power to gain sexual satisfaction for themselves. If money laundering sheds this pustule from the herd, well, good on thems as prosecutes him, imo.

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  130. Re:So Hillery is fine but Dennis is a criminal, hu by david_thornley · · Score: 1

    I expressed an opinion, and provided evidence. You responded by saying I was accusing people of treason (false), cast doubt on my evidence (this part is legit, although I still think you're wrong), and going off on a long rant about Hillary Clinton.

    I'm giving up on you. Come back when you learn something about reading for content.

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    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  131. Re:So Hillery is fine but Dennis is a criminal, hu by Karmashock · · Score: 1

    "The Iraq war was not because of faulty intelligence. "

    This is just an opinion? You stated it like it was a fact.

    And your "evidence" was less than hearsay.

    As to you giving up... Since your entire position amounted to pile of steaming bullshit, exactly why am I supposed to miss when you give up here?

    Did you even try to make sense before you gave up? Not from where I'm sitting. That was fucking pathetic, dude. Try harder next time.

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