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Corrupt Government
See other Corrupt Government Articles

Title: IRS Keeps $29,000 It Stole From Innocent Dairy Farmer
Source: Activist Post
URL Source: http://www.activistpost.com/2015/08 ... 00-it-stole-from-innocent.html
Published: Aug 5, 2015
Author: Heather Callaghan
Post Date: 2015-08-07 09:23:12 by Deckard
Keywords: None
Views: 7866
Comments: 49

By Heather Callaghan

It's not just raw food or family farmers who come under government attack for the type of wholesome food they sell.

Sometimes it happens simply because the small business deals in cash. After all, credit card companies charge exorbitant fees and many businesses deal in offline transactions. On the road, credit cards slow the whole process down.

Using cash. That's the activity that prompted armed Department of Treasury agents to descend upon Randy Sowers' micro dairy farm. But finding out he was neither a drug dealer nor a terrorist did not lead to the return of his hard-earned wages. Randy believes that the amount of business owners suffering in silence is leading to more abuse.

Institute For Justice highlights the issue of the War on Cash and small business in the video below.


Description:

In February 2012, two government agents came to Randy’s farm. The IRS, they told him, had seized the farm’s entire bank account, containing more than $60,000. When Randy sold milk at farmer’s markets, customers often paid him in cash, and he and his wife, Karen, deposited those cash payments in the account. The government seized the account because the Sowers deposited the cash in amounts under $10,000.
(1 image)

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Begin Trace Mode for Comment # 38.

#1. To: Deckard (#0)

"When Randy sold milk at farmer’s markets, customers often paid him in cash, and he and his wife, Karen, deposited those cash payments in the account. The government seized the account because the Sowers deposited the cash in amounts under $10,000."

The IRS investigation was triggered when he and his wife split a $12,000 deposit — proceeds from a farmer's market.

Why did they do that Deckard? Doesn't that look a tiny bit suspicious?

Take your stupid- ass, sob story, yellow journalism to another forum.

misterwhite  posted on  2015-08-07   9:41:47 ET  Reply   Untrace   Trace   Private Reply  


#2. To: misterwhite (#1) (Edited)

The IRS investigation was triggered when he and his wife split a $12,000 deposit — proceeds from a farmer's market.

Why did they do that Deckard? Doesn't that look a tiny bit suspicious?

People in this country are not required to have their personal property expropriated on the basis of your, or anybody else's suspicians. There must be solid proof beforehand or it's theft.

Suspicion in this country has become another fancy word euphemisizing sadistic desire to steal.

rlk  posted on  2015-08-07   10:18:55 ET  Reply   Untrace   Trace   Private Reply  


#3. To: rlk (#2) (Edited)

"People ibn this country are not required to have their personal property expropriated on the basis of your, or anybody else's suspicians."

His personal property was not expropriated on the basis of suspicions. His bank account was seized because he broke the law.

misterwhite  posted on  2015-08-07   10:37:04 ET  Reply   Untrace   Trace   Private Reply  


#12. To: misterwhite, rlk (#3)

His personal property was not expropriated on the basis of suspicions. His bank account was seized because he broke the law.

Yes. It is called structuring. It is against Federal law.

http://law.justia.com/codes/us/2012/title-31/subtitle-iv/chapter-53/subchapter-ii/section-5324/

RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS - 31 U.S.C. § 5324 (2012)

§5324. Structuring transactions to evade reporting requirement prohibited

(a) Domestic Coin and Currency Transactions Involving Financial Institutions.—No person shall, for the purpose of evading the reporting requirements of section 5313(a) or 5325 or any regulation prescribed under any such section, the reporting or recordkeeping requirements imposed by any order issued under section 5326, or the recordkeeping requirements imposed by any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508—

(1) cause or attempt to cause a domestic financial institution to fail to file a report required under section 5313(a) or 5325 or any regulation prescribed under any such section, to file a report or to maintain a record required by an order issued under section 5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508;

(2) cause or attempt to cause a domestic financial institution to file a report required under section 5313(a) or 5325 or any regulation prescribed under any such section, to file a report or to maintain a record required by any order issued under section 5326, or to maintain a record required pursuant to any regulation prescribed under section 5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508, that contains a material omission or misstatement of fact; or

(3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions.

[snip]

http://law.justia.com/codes/us/2012/title-31/subtitle-iv/chapter-53/subchapter-ii/section-5313/

RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS - 31 U.S.C. § 5313 (2012)

§5313. Reports on domestic coins and currency transactions

(a) When a domestic financial institution is involved in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes), in an amount, denomination, or amount and denomination, or under circumstances the Secretary prescribes by regulation, the institution and any other participant in the transaction the Secretary may prescribe shall file a report on the transaction at the time and in the way the Secretary prescribes. A participant acting for another person shall make the report as the agent or bailee of the person and identify the person for whom the transaction is being made.

(b) The Secretary may designate a domestic financial institution as an agent of the United States Government to receive a report under this section. However, the Secretary may designate a domestic financial institution that is not insured, chartered, examined, or registered as a domestic financial institution only if the institution consents. The Secretary may suspend or revoke a designation for a violation of this subchapter or a regulation under this subchapter (except a violation of section 5315 of this title or a regulation prescribed under section 5315), section 411 1 of the National Housing Act (12 U.S.C. 1730d), or section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b).

[snip]

nolu chan  posted on  2015-08-07   14:29:36 ET  Reply   Untrace   Trace   Private Reply  


#14. To: nolu chan, rlk, patriot wes (#12)

Yes. It is called structuring. It is against Federal law.

These folks are not drug dealers, mafia or terrorists. They are family farmers, who do business almost exclusively in cash.

There is no reason for them to engage in "structuring".

Just like numerous other business owners who have had their money stolen from them by government thieves, these people are innocent of any wrong doing, despite your long-winded cut-and-paste bullshit.

Deckard  posted on  2015-08-07   15:08:42 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Deckard (#14)

These folks are not drug dealers, mafia or terrorists. They are family farmers, who do business almost exclusively in cash.

And they structured the deposits to avoid the reporting requirements and the IRS seized their money in accordance with Federal law. I'm not a big fan of that law, but it does exist.

Sowers signed the settlement agreement to the effect that the government had reason to seize his funds. Pursuant to the settlement agreement, the government kept 10% or $29,522 of the $295,220 in alleged structured deposits.

nolu chan  posted on  2015-08-07   17:28:47 ET  Reply   Untrace   Trace   Private Reply  


#22. To: nolu chan (#17)

And they structured the deposits to avoid the reporting requirements and the IRS seized their money in accordance with Federal law

The law was not enacted in order to prosecute innocent people like the good folks in the article who had tens of thousands of dollars stolen from them.

Just another example of the war on drugs/terror used against innocent American citizens.

Deckard  posted on  2015-08-07   20:52:49 ET  Reply   Untrace   Trace   Private Reply  


#28. To: Deckard (#22)

The law was not enacted in order to prosecute innocent people like the good folks in the article who had tens of thousands of dollars stolen from them.

Randy structured $295,220.

When Randy sold milk at farmer’s markets, customers often paid him in cash, and he and his wife, Karen, deposited those cash payments in the account.

I just can't understand why he did not fight that in court.

nolu chan  posted on  2015-08-08   1:48:21 ET  Reply   Untrace   Trace   Private Reply  


#32. To: nolu chan (#28)

"I just can't understand why he did not fight that in court."

I can't understand why he just didn't deposit the money as he received it -- even if it was over $10,000. The money was legitimate. I assume he paid taxes on it (the article didn't say he tried to avoid them).

misterwhite  posted on  2015-08-08   9:23:35 ET  Reply   Untrace   Trace   Private Reply  


#38. To: misterwhite (#32)

I can't understand why he just didn't deposit the money as he received it -- even if it was over $10,000. The money was legitimate. I assume he paid taxes on it (the article didn't say he tried to avoid them).

If all the money was legitimate, declared, and taxes paid.

The article above did not tell of the settlement agreement or the $295,000 deposited. It also appears that a warrant for the seizure was obtained, and that Sowers gave conflicting explanations of how the deposits just happened to be less than $10,001 each.

I can't say what Sowers did or did not do, but the activist.com article above deliberately left out relevant information to present a one-sided account.

http://www.fredericknewspost.com/archive/article_aa794526-b48a-5c15-b4d4-d105827b0964.html

Creamery settles dispute with feds

Documents: Government to return more than half of $62,936 seized

Posted: Thursday, May 31, 2012 12:00 am
Courtney Mabeus News-Post Staff

[excerpt]

The Sowerses have owned a farm off Bolivar Road in Middletown for more than three decades and have operated it as the South Mountain Creamery since 2001. They have maintained their innocence and said they learned what structuring was only when Treasury Department officials showed up at the farm in late February to question them about the deposits.

The couple deal with a lot of cash at farmers markets, they said, and the deposits totaled similar amounts every time.

"They didn't know there was a law against that," David Watt, the Sowerses' lawyer, said Wednesday. "They thought it was simply paperwork."

According to Rosenstein's complaint, filed April 19, the couple deposited more than $295,000 into a PNC Bank account in about three dozen separate transactions of just under $10,000 each from May 6, 2011, though Feb. 27, 2012. During that time, the couple's cash receipts from farmers markets, including two in Baltimore, totaled more than $320,000.

U.S. District Judge William Quarles signed a final order of forfeiture Wednesday.

http://overlawyered.com/2012/04/update-baltimore-city-paper-on-south-mountain-creamery-case/

Update: Baltimore City Paper on South Mountain Creamery case

By Walter Olson
April 21, 2012

Van Smith with the City Paper in Baltimore (where South Mountain Creamery is a farmer’s-market fixture) reported on Wednesday and again on Friday on the “structuring” charges and forfeiture action against dairy farmers Randy and Karen Sowers (see yesterday’s post).

A few highlights:

On Wednesday, Smith reported that Sowers said in an interview that “he deposited the cash he’d made in the increments in which it had been earned. If the deposited amounts often ended up being a little under $10,001, he explained, that’s just the way it worked out and he [had] no intention of breaking the law.”

On the other hand, according to Smith’s summary of the federal complaint yesterday, Sowers is said to have told federal investigators during a February 29 interview “that ‘during the farmers’ market “season,” his weekly cash receipts were on the order of $12,000 to $14,000,’ yet ‘he kept his cash deposits under $10,000 intentionally so as not to “throw up red flags.” ‘He also told the agents that ‘he was advised by a teller at the bank that the deposit of more than $10,000 in cash would lead to the filing of a form, and that he decided from that point forward not to make deposits in excess of $10,000,’ according to the complaint.”

[snip]

http://www.citypaper.com/bcp-cms-1-1301518-migrated-story-cp-20120418-mobs-20120418-story.html#page=1

South Mountain Creamery's bank account seized as part of money-laundering crackdown

By Van Smith

April 18, 2012

South Mountain Creamery, the Frederick County dairy farm and food-distribution company, is a fixture of Baltimore-area farmers markets, particularly the Waverly market on Saturdays or the one on Sundays, downtown under the Jones Falls Expressway. South Mountain co-owner Randy Sowers is now in the hot seat with the feds, because in late February, the Internal Revenue Service’s Criminal Investigations Division (IRS-CID) used a federal anti-money-laundering statute to seize the contents of a PNC bank account Sowers says was the depository of cash earned by his company’s farmers-market business.

Sowers has not been charged with a crime, and says he expects to learn soon whether or not he will be. As for getting his money back—nearly $70,000, a fraction of the nearly quarter-million dollars in cash deposits the feds say Sowers laundered between May and December last year—well, based on the experiences of others in his position, he’ll likely not see it again, at least not all of it.

Baltimore County Police officer Michael Aiosa, who has been detailed as an IRS-CID task-force member since October 2010, signed the six-page affidavit used to get the seizure warrant to empty the account, of which Sowers and his daughter-in-law, Karen Sowers, are co-signatories. The affidavit says cash deposits were broken down into increments of under $10,001 each, causing PNC to not generate required “currency transaction reports” (CTRs) that financial institutions must file with regulators when they receive or disburse more than $10,000 in a single cash transaction. Under 31 U.S.C. 5324, federal law prohibits such conduct, which is called “structuring.”

Sowers, who did not seek publicity about his predicament but spoke to a reporter after the search warrant in the court records came to City Paper’s attention, says he deposited the cash he’d made in the increments in which it had been earned. If the deposited amounts often ended up being a little under $10,001, he explained, that’s just the way it worked out and he no intention of breaking the law.

“We had no idea there was supposedly a law against it—we were just doing it the way we figured we were supposed to, making deposits every week,” Sowers explains. “We weren’t laundering money,” he adds. “We’re farmers, we struggle every day to pay bills. We don’t know what else to do. Now we just feel like putting [our cash] in a can somewhere.”

Sowers’ attorney, David Watt, says his client “probably shouldn’t have said anything” when contacted by City Paper, and declined to comment further, saying, “We don’t want to act like we’re trying to influence the goings-on” by talking with the press.

[snip]

nolu chan  posted on  2015-08-08   16:33:20 ET  Reply   Untrace   Trace   Private Reply  


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