Jophiel wrote:
I'm going to guess they were fully aware that they were circumventing the law with bunches of sub-$10k transfers. They didn't need to pay someone to inform them of this fact, they just didn't care to follow the law.
Really? What law were they circumventing Joph? I'm honestly curious. The only thing that makes this even remotely legally problematic is that one of them told the judge under oath that they didn't have much personal money. Having the money isn't illegal. Transferring it in smallish amounts isn't illegal. It's not like the money was hidden. The web site and fund was publicly known. People donated money to it. Even the amount collected was known and (I assume) readily available to anyone with a web browser. If their intention was to hide money, they did a pretty crappy job of it.
Lots of people who know nothing about the banking system or finance laws know to transfer funds in amounts less than $10k. Most of them don't know *why* to do that, but pretty much everyone has heard of it. And while it's a method used for transferring money without raising flags, that's not automatically illegal. People do this because it's less hassle to do so that way. Talk to anyone who's worked in a bank. They advise their customers to split up transfers into such amounts as well. It's less hassle for the bank to handle the transactions. You cannot assume any illegality or intent to hide illegality just because someone does that.
As to the statement the wife made? She probably didn't think of the defense fund as their "personal finances" when asked that question. Should she have? Yes. Does it raise questions? Absolutely. But again, it's not like this was money that was hidden in any real way. It's not like she had some expectation that the court would have no way to know that a fund publicly known as their defense fund, that had been talked about on the news prior to that hearing, and for which the amount within was also known to anyone who looked was somehow magically hidden from the court when assessing the amount they had available for them to post bond. Hell. It was a
defense fund. She probably assumed they knew about it.
Was it a mistake to not mention it or to verify that the court knew about said fund at the time? Absolutely. Was the intent from the beginning to conceal money? I don't see how. If anything, their lack of proper accounting for that fund is costing them, not helping them in any way. They could have set up that account so that it *didn't* count as personal finances legally. They failed to do so. That's why I say that their biggest mistake was not hiring an accountant to manage it.