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One Kent Hovind False Claim - Easy as (A), (B), (C)!

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  • rlbaty50
    (A) Hovind s FALSE Claim http://www.2peter3.com/Court_Docs/365.pdf In the United States District Court For the Northern District of Florida Pensacola Division
    Message 1 of 1 , Jan 29, 2013
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      (A) Hovind's FALSE Claim

      http://www.2peter3.com/Court_Docs/365.pdf

      In the United States District Court
      For the Northern District of Florida
      Pensacola Division

      Case No. 3.06 cr83/mcr
      Case No. 3.10 cr487/mcr/emt

      United States of America
      Plaintiff,

      v.

      Kent E. Hovind
      Defendant, pro-se

      Memorandum of Law to Support Defendant's
      Motion to Vacate, Set Aside, or Correct a Sentence

      (excerpts)

      Ground Two:

      Defendant was charged with violating Title 31 U.S.C.
      Sections 5324(a)(3) and 5324 (d).

      These statutes have three essential elements which
      are:

      1.

      The duty of an individual to inform the bank or
      the IRS that he is engaging in multiple but
      related transactions to avoid the CTR filing
      requirement.

      2.

      There were multiple but related transactions
      performed by the individual.

      3.

      The multiple structured related transactions
      were not filed with the Bank or the IRS by
      the individual.

      The Hovind indictment does not charge item
      1.) and 3.).

      These are missing essential legal and/or
      fact elements that must be specifically
      charged in the indictment, but were not,
      causing the Court to lack jurisdiction.

      Respectfully submitted this 9th day of
      December, 2010

      Kent E. Hovind pro se
      #06452-017
      Federal Satellite Camp
      2650 Hyw 301 S.
      Jesup, GA 31599

      -----------------------------

      (B) Hovind Indictment:

      In the United States District Court
      For the Northern District of Florida
      Pensacola Division

      Indictment
      Case No. 3.06 cr83/mcr

      United States of America

      v.

      Kent E. Hovind
      and
      Jo D. Hovind

      THE GRAND JURY CHARGES:

      (excerpts)

      COUNTS THIRTEEN THROUGH FIFTY-SEVEN

      That, on the dates specified below, in the
      Northern District of Florida, defendants

      KENT E. HOVIND
      and
      JO D. HOVIND

      knowingly and for the purposes of evading the
      reporting requirements of Section 5313(a) of
      Title 31, United States Code, and the
      regulations promulgated thereunder, structured,
      assisted in structuring, and caused to be
      structured the following transactions, each
      transaction being a cash withdrawal from AmSouth
      Bank, a domestic financial institution:

      (45 withdrawals of either $9,500 or $9,600
      between July 2001 and September 2002)

      July 11, 2006

      Gregory R. Miller
      United States Attorney

      Michelle M. Heldmeyer
      Assistant United States Attorney

      --------------------------------------------------------

      (C) Jury Instructions - Kent Hovind Criminal Case

      In the United States District Court
      For the Northern District of Florida
      Pensacola Division

      Indictment
      Case No. 3.06 cr83/mcr

      United States of America

      v.

      Kent E. Hovind
      and
      Jo D. Hovind

      Court's Instructions to the Jury

      (excerpts)

      You must also follow the law as I explain it to you
      whether you agree with that law or not; and you must
      follow all of my instructions as a whole.

      You may not single out, or disregard, any of the
      Court's instructions on the law.

      The Defendants can be found guilty of this offense
      (structuring) only if all the following facts are
      proved beyond a reasonable doubt;

      First:

      That the Defendants had knowledge of the currency
      transaction reporting requirements;

      Second:

      That with such knowledge, the Defendants knowingly
      structured or assisted in structuring a currency
      transaction;

      Third:

      That the Defendants' purpose in structuring the
      transaction was to evade the transaction reporting
      requirements; and

      Fourth:

      That the structured transaction involved one or
      more domestic financial institutions.

      The transaction or transactions need not exceed the
      $10,000 reporting threshold at any single financial
      institution on any single day in order to constitute
      structuring within the meaning of this definition.

      ---------------------------------------------------
      ---------------------------------------------------

      Relevant Legal References:

      Structuring Law:

      http://www.law.cornell.edu/uscode/text/31/5324

      31 USC Section 5324 - Structuring transactions to
      evade reporting requirement prohibited

      (excerpts)

      (a) Domestic Coin and Currency Transactions
      Involving Financial Institutions.â€"

      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 91â€"508â€"

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

      Structuring Regulation:

      http://www.ffiec.gov/bsa_aml_infobase/pages_manual/regulations/31cfr103.htm

      31 CFR B Chapter 1, Part 103

      (excerpts)

      PART 103â€"FINANCIAL RECORDKEEPING AND REPORTING
      OF CURRENCY AND FOREIGN TRANSACTIONS

      Subpart Aâ€"Definitions

      § 103.11 Meaning of terms.

      (a)

      When used in this part and in forms prescribed
      under this part, where not otherwise distinctly
      expressed or manifestly incompatible with the
      intent thereof, terms shall have the meanings
      ascribed in this section.

      (gg)

      Structure (structuring).

      For purposes of section 103.53, a person structures
      A TRANSACTION if that person, acting alone, or in
      conjunction with, or on behalf of, other persons,
      conducts or attempts to conduct ONE or more transactions
      in currency, in any amount, at ONE or more financial
      institutions, on ONE or more days, IN ANY MANNER, for
      the purpose of evading the reporting requirements under
      section 103.22 of this part.

      “In any manner” includes, but is not limited to, the
      breaking down of a single sum of currency exceeding
      $10,000 into smaller sums, including sums at or below
      $10,000, or the conduct of A TRANSACTION, or series
      of currency transactions, including transactions at
      or below $10,000. THE TRANSACTION or transactions
      need not exceed the $10,000 reporting threshold at
      any single financial institution on any single day
      in order to constitute structuring within the meaning
      of this definition.

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