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Date: 11-14-2022

Case Style:

United States of America v. Gary McComas

Case Number: 3:22-cr-144

Judge: Robert C. Chambers

Court: United States District Court for the Southern District of West Virginia (Cabell County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:




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Description: Huntington, West Virginia criminal law lawyer represented Defendant charged with structuring financial transactions to evade reporting requirements.

According to court documents and statements made in court, McComas admitted that he obtained multiple money orders in the Huntington area to help an individual in California evade financial reporting requirements. Federal law requires financial institutions to report certain information to the Department of the Treasury whenever a person exchanges cash for a money order in the amount of $3,000 in one transaction or a series of transactions. On June 28, 2018, McComas obtained six money orders, each for $500, from three different Huntington businesses for the purpose of evading financial reporting requirements. McComas further admitted to conducting approximately 200 money order transactions totaling $99,400 in and around Huntington for the same purpose between June 28, 2018, and January 13, 2019.

United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Secret Service and the assistance provided by the South Charleston Police Department.

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Andrew J. Tessman prosecuted the case.

Structuring Transaction to Evade Reporting Requirement in violation of 31 U.S.C. 5324, which provides:

(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.
(b) Domestic Coin and Currency Transactions Involving Nonfinancial Trades or Businesses.—No person shall, for the purpose of evading the report requirements of section 5331 or any regulation prescribed under such section—
(1) cause or attempt to cause a nonfinancial trade or business to fail to file a report required under section 5331 or any regulation prescribed under such section;
(2) cause or attempt to cause a nonfinancial trade or business to file a report required under section 5331 or any regulation prescribed under such section 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 1 or more nonfinancial trades or businesses.
(c) International Monetary Instrument Transactions.—No person shall, for the purpose of evading the reporting requirements of section 5316—
(1) fail to file a report required by section 5316, or cause or attempt to cause a person to fail to file such a report;
(2) file or cause or attempt to cause a person to file a report required under section 5316 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 importation or exportation of monetary instruments.
(d) Criminal Penalty.—
(1) In general.—
Whoever violates this section shall be fined in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both.
(2) Enhanced penalty for aggravated cases.—
Whoever violates this section while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of title 18, United States Code, imprisoned for not more than 10 years, or both.

Outcome: Defendant was sentenced to 5 months in custody, followed by supervised release 3 years and special assessment $100.

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Defendant's Experts:

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