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Title: IRS Seizes $107,000 From Innocent Small-Town Convenience Store Owner For 'Structuring' Deposits
Source:
Information Liberation
URL Source: http://www.informationliberation.com/?id=50691
Published: May 2, 2015
Author: IJ.org
Post Date: 2015-05-02 21:38:58 by Deckard
Keywords: None
Views: 5696
Comments: 31
With that, Lyndon entered the upside down world of civil forfeiture, where the government can seize and keep ordinary Americans’ property without ever charging them with a crime.
Lyndon McLellan has spent more than a decade running L&M Convenience Mart, a gas station, restaurant, and convenience store in rural Fairmont, North Carolina. Then, one year ago, without any warning, agents from the IRS seized his entire bank account, totalling more than $107,000.
The IRS and Department of Justice are pursuing forfeiture of Lyndon’s money despite a recent policy change designed to prevent precisely these kinds of cases. In October 2014, the IRS announced that (absent “exceptional” circumstances) it would pursue forfeiture in cases like Lyndon’s only where there was evidence that the money being seized was derived from illegal activity. The U.S. Department of Justice announced a similar policy change in March 2015.
In February 2015, during a hearing of the U.S. House of Representatives Ways & Means Oversight Subcommittee, North Carolina Congressman George Holding told IRS Commissioner John Koskinen that he’d reviewed Lyndon’s case—without specifically naming it—and that there was no allegation of the kind of illegal activity required by the IRS’s new policy. The IRS Commissioner responded, “If that cases exists, then it’s not following the policy.”
When news of the IRS Commissioner’s statement got back to the United States Attorney in charge of Lyndon’s case, he advised Lyndon’s attorney and accountant that he was “concerned” that Lyndon’s case document was provided to Congress, and that:Whoever made [the document] 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.
Under these new policies, the government should not be pursuing forfeiture of Lyndon’s bank account. But the government has refused to back down, and is actively pursuing the forfeiture of Lyndon’s money.
Lyndon is unwilling to give the government a single penny of his hard-earned money. As he puts it, “It took me 13 years to save that much money, and it took fewer than 13 seconds for the government to take it away.”
Lyndon did nothing wrong. That is why he has teamed up with the Institute for Justice to fight this shocking abuse of power, to get his money back and to make sure the government does not do this to anyone else.
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#1. To: Deckard (#0)
(Edited)
Sure he didn't...
Not surprised at all to see you support the theft of over $100K by the State from a guy who didn't do anything wrong. You and the other government worshiping boot-lickers who infest this site are pure scum.
Sure he didn't... I don't support it the seizure. I am just saying the guy knew "what was going one"....otherwise, why was he violating the law.
"... My offer is to return 50% of the money. The offer is good until March 30th COB." Gee, sounds familiar doesn't it? The IRS is fundamentally no different than the Mafia.
The IRS and Department of Justice are pursuing forfeiture of Lyndon’s money despite a recent policy change designed to prevent precisely these kinds of cases. In October 2014, the IRS announced that (absent “exceptional” circumstances) it would pursue forfeiture in cases like Lyndon’s only where there was evidence that the money being seized was derived from illegal activity. The U.S. Department of Justice announced a similar policy change in March 2015. There was NO illegal activity, the guy ran a convenience store. And you are still a boot-licking toolbag.
I didn’t say there was illegal activity….in fact I believe there was not. When McLellan said: WHY? I didn’t know what was going on. Sure he didn't... WHY?
if Deckard doesn't ping readers to his BS, nobody would read it. lol
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
You have of course noticed they are responding less and less over time... I firmly believe that Americans must be free from arbitrary and unlawful seizure of their private property. Congress should change the law so this doesn’t happen. But when I am being told that someone “didn’t know what was going on” after “10 years of structuring daily deposits” so that they approach $10k but never once exceeded that amount….then I will have doubts that he "doesn't know what's going on."
Yeah, it figures you'd be among those who call this BS. Pathetic, the two of you.
Depositing cash and the end of each business day is NOT "structuring" deposits.
That is true. But "controlling" the amount of cash you deposit at the end of each business day "for 10 years" so as to never deposit $10k or more is....if that was what he was doing.
Yeah it's called putting money in the bank so you don't get robbed. These idiots at the IRS don't go after folks really gaming the system.
"The Lord shall preserve you from all evil; He shall preserve your soul.” (Psalm 121:7)
More of such gatlins in power and it will a be very nice world.
WHY? Perhaps he was afraid that some gatlin might seize his money?
Structuring is illegal. It's a thought crime, as it's not the actual deed that is illegal, it's what one is thinking when doing the deed that determines if a crime is being committed or not. Apparently you consider it a crime to make many transactions with a bank over time, without having any of them exceed the $10K reporting requirement. The lesson seems to be, if you do have a bank account, make sure you do a big transaction on occasion so it won't look suspicious. As for why a successful, medium level business would never go over the 10K transaction threshold, it could be because the companies insurance policy won't cover cash thefts that exceed, say, $10,000. So the company prudently deposits cash that it takes in so that they never have $10K in cash on company property. Then enter the IRS to claim that this company knew they were "structuring" and they then take all the money. Then it gets posted to a discussion forum, where you then blame the victim.
I notice this case is held over from before the announced policy change at IRS/DOJ.
...from my bumper sticker...."ABOLISH THE IRS!"
You might want to check your bozo count, if he holds true to form he just did you like he does everybody else that embarrasses him.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Small town convenience stores in rural North Carolina
I am against the IRS targeting for civil forfeiture those funds belonging to people who earned the money legally and whose only crime is trying to prevent banks from reporting cash transactions to the government. The anti-structuring statue was intended to be used as an ancillary charge by prosecutors with other charges of nefarious behavior, primarily in drug dealing or terrorism. Unfortunately over the last few years, the anti-structuring law is being used regularly as a standalone charge and I condemn that. I am pleased with the IRS announcement that it will no longer try to seize and forfeit money from those who merely evade government-mandated paperwork when making large cash deposits. The IRS should have never been doing this in the first place. It was bad public policy for the IRS to overstretch in implementing their structuring policy. McLellan said: “I didn’t know what was going on.” I stated that "I have doubts that he doesn't know what's going on.” I stand by that statement.
You might want to stop making an ass of yourself by presenting an unfounded supposition.
Does this mean I can't use you as a role model anymore?
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
I think he meant suppository.
Sonny, if you had ever used me for a role model....then you would be the second smartest person around.
I think you're right Fred, he gets so uptight sometimes one of those would do him some good.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
You two are continuing your fixation on someone's ass.
I think we just found out who has all of the humility in your family.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Listen here Grandma, lubey will be here soon to relieve your stress. A-hole.
You two are continuing your fixation on some one who is an ass. You're welcome.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Fred, if anal lips could talk.....no doubt yours would have a lot of “tails to tell.” (Pun Intended).
I am going to open up a convenience store, if it brings in over 10K in cash per day. On second thought, that would mean he deposits only $3.65 MILLION per year. That is just so middle class....
“It was like I was just slapped in the face with something. I didn’t know what was going on,” said Mr. McLellan.
#2. To: Gatlin (#1)
(Edited)
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#3. To: Deckard (#2)
(Edited)
“It was like I was just slapped in the face with something. I didn’t know what was going on,” said Mr. McLellan.
#4. To: hondo68, Liberator, TooConservative, Stoner, Excalibur, Operation 40, Orwellian Nightmare, Fred Mertz, misterwhite, GrandIsland, government bootlickers (#0)
(Edited)
United States Attorney in charge of Lyndon’s case :
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#5. To: Gatlin (#3)
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#6. To: Deckard (#5)
(Edited)
There was NO illegal activity, the guy ran a convenience store.
I said:
But he had been structuring his deposits “for 10 years” according to another article.
#7. To: Gatlin (#6)
#8. To: GrandIsland (#7)
(Edited)
if Deckard doesn't ping readers to his BS, nobody would read it. lol
#9. To: GrandIsland (#7)
BS
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#10. To: Gatlin (#6)
But he had been structuring his deposits “for 10 years”
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#11. To: Deckard (#10)
(Edited)
Depositing cash and the end of each business day is NOT "structuring" deposits.
#12. To: Deckard (#10)
Depositing cash and the end of each business day is NOT "structuring" deposits.
#13. To: Gatlin (#1)
Sure he didn't...
#14. To: Gatlin (#6)
But he had been structuring his deposits “for 10 years” according to another article.
#15. To: Gatlin (#8)
But when I am being told that someone “didn’t know what was going on” after “10 years of structuring daily deposits” so that they approach $10k but never once exceeded that amount….then I will have doubts that he "doesn't know what's going on."
#16. To: Deckard (#0)
In October 2014, the IRS announced that (absent “exceptional” circumstances) it would pursue forfeiture in cases like Lyndon’s only where there was evidence that the money being seized was derived from illegal activity. The U.S. Department of Justice announced a similar policy change in March 2015.
#17. To: Deckard (#0)
#18. To: Pinguinite (#15)
Then it gets posted to a discussion forum, where you then blame the victim.
#19. To: Deckard (#0)
are obviously a source of funds for terrorists.
Obviously. /sarc
#20. To: Pinguinite (#15)
(Edited)
#21. To: CZ82, Pinguinite (#18)
You might want to ...
#22. To: Gatlin, *Military or Vets Affairs* (#21)
You might want to stop making an ass of yourself by presenting an unfounded supposition.
#23. To: CZ82 (#22)
#24. To: CZ82 (#22)
(Edited)
Does this mean I can't use you as a role model anymore?
#25. To: Fred Mertz (#23)
#26. To: CZ82, Fred Mertz (#25)
I think you're right Fred, he gets so uptight sometimes one of those would do him some good.
Not surprising....not in the least.
#27. To: Gatlin (#24)
#28. To: Gatlin (#26)
#29. To: Gatlin (#26)
You two are continuing your fixation on someone's ass.
#30. To: Fred Mertz (#28)
#31. To: Deckard (#0)
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