Criminal Law & Federal Statutes Flashcards

Under 31 U.S.C. § 5316, who is required to file a FinCEN Form 105 (Currency and Monetary Instruments Report)?

Answer: Any person transporting or receiving more than $10,000 in currency or monetary instruments into or out of the United States

31 U.S.C. § 5316 requires any person who transports or causes to transport currency or monetary instruments exceeding $10,000 into or out of the U.S. to file a CMIR with U.S. Customs.

What is the primary legal distinction between a grand jury subpoena and an IRS administrative summons in a tax investigation?

Answer: Grand jury subpoenas are used in criminal proceedings; IRS summonses under § 7602 can be used in civil audits and criminal investigations

Grand jury subpoenas arise from criminal proceedings while IRS administrative summonses under 26 U.S.C. § 7602 can be issued during both civil examinations and criminal investigations to obtain records and testimony.

Under the Fourth Amendment, what must Treasury enforcement agents generally obtain before searching a suspect's private premises?

Answer: A warrant supported by probable cause, issued by a neutral magistrate

The Fourth Amendment requires that law enforcement officers, including Treasury agents, obtain a warrant supported by probable cause before conducting a search of private premises.

Under 26 U.S.C. § 7203, willful failure to file a federal tax return is classified as what type of offense?

Answer: A federal misdemeanor carrying up to 1 year imprisonment

Willful failure to file a tax return under 26 U.S.C. § 7203 is a federal misdemeanor with a maximum of 1 year imprisonment, distinguishing it from the more serious felony of active tax evasion under § 7201.

The Racketeer Influenced and Corrupt Organizations (RICO) Act is codified at which location in the United States Code?

Answer: 18 U.S.C. §§ 1961–1968

RICO is codified at 18 U.S.C. §§ 1961–1968 as part of Title 18 (Crimes and Criminal Procedure), and Treasury agents may use it to prosecute organized financial crime enterprises.

What is the 'net worth method' used by IRS Criminal Investigation special agents?

Answer: An indirect proof technique that reconstructs unreported income by comparing a taxpayer's increase in net worth to reported income

The net worth method is an indirect proof technique in which agents calculate a taxpayer's year-over-year increase in net worth and compare it to reported income to identify unreported taxable income.

Under the Sixth Amendment, at what point does a suspect's right to counsel formally attach in a federal criminal tax investigation?

Answer: At the initiation of formal judicial proceedings, such as indictment or arraignment

The Sixth Amendment right to counsel attaches at the initiation of formal adversarial judicial proceedings (e.g., indictment, arraignment), not during pre-charge investigative questioning.