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Also, transferring money to a Swiss bank account is not against the law. The lawyer quoted says it was moved offshore to "conceal" the source of money...that is
by joe_the_user 7y ago
Also, transferring money to a Swiss bank account is not against the law. The lawyer quoted says it was moved offshore to "conceal" the source of money...that isn't how money laundering works.
Money laundering "works" through a chain of actions whose intent is to conceal the original source of said money. Some or all of those actions might be legal in themselves, it is the intent that counts - if you know the state is after your assets and you knowingly transfer those assets to a place the state can't find them (or even, would have trouble finding them, whether or not it could technically find them), then a pattern is fairly evident even if the transfer itself is legal.
Generally, playing games to make the state's job harder once it's investigating you is going to be a crime in the US (and many other places I believe). This is because the law has never been "blind" in the sense that it only considers actions - the law has always considered intentions and efforts to get results. Putting poison in a cup by itself isn't illegal, for example. Leaving that cup anywhere someone might drink from it on the other hand winds-up in crime.
- ethbro 7y agoE.g. see structuring, and the law related to https://en.m.wikipedia.org/wiki/Structuring https://en.m.wikipedia.org/wiki/Structuring Perfectly legal activities. Illegal as hell when performed with intent to evade reporting.
- joe_the_user 7y agoNote that we don't need particular laws against structuring. Those engaged in structuring are engaging in actions intended to evade the original law and that's enough (though there may be precedent and laws in this regard, they aren't necessary). Also note similar laws in other countries are cited.
- hogFeast 7y agoAs implied in my original post: after FATCA you cannot evade reporting at all by transferring money to any Swiss bank (there are some countries that don't comply with FATCA but every large financial institution complies fully). That is why the bank reported it to the AG.