Bank Secrecy Act spoils Christmas for merchants who prefer cash

As published in the Pacific Coast Business Times (Vol. 15 No. 39, Nov. 28 - Dec. 4). Sometimes something that starts out with good intention can turn bad. This seems to be what has happened with the Bank Secrecy Act of 1970. Originally enacted with law enforcement in mind, the act’s original purpose was to aid investigations into an array of criminal activities, from tax evasion to money laundering, by ...

Under the Bank Secrecy Act, the I.R.S. Can Now Seize Accounts Just on Suspicion

The Bank Secrecy Act of 1970, also known as BSA, was enacted to try and detect and prevent money laundering, tax evasion, or other criminal activities. It requires banks to file government reports for any deposits of cash over $10,000.00 as well as any cash purchases of negotiable instruments for over $10,000.00. However, there is now a highly controversial area of law known as civil asset forfeiture, which allows law enforcement ...

How to Make Yourself a Priority to Those That Owe You Money

Many times you will have a client, customer, lessee or borrower (your "debtor") that has decided their money is better spent on something other than paying your company. What can your company do to make sure the debtor makes your company their "priority"? If multiple telephone calls and past due notices from you are not having an effect, a letter or a telephone call from your company's lawyer can often ...

Does a Declarant Have to Specify the Place Where They Signed a Declaration?

As a participant in legal proceedings in California State courts, you may at some point be asked to sign a declaration. The declaration may be used as admissible evidence (your testimony) in certain proceedings without requiring your personal presence in court. For example, declarations can be used to support motions for summary judgment. When signing a declaration, the declaration form may require that you identify the city and state (the "place") ...

IRS Right of Redemption After Foreclosure

The Internal Revenue Service has the right to redeem real property which was sold in a nonjudicial foreclosure action by a third party to satisfy an outstanding encumbrance which has a priority over a Notice of federal Tax Lien. (Internal Revenue Manual 5.12.5.1; 26 U.S.C. §7425 [after non-judicial foreclosure]; 28 U.S.C. §2410(c) [after judicial foreclosure].) The redemption period expires 120 days from the date of the trustee's sale or sale ...

Combined Eviction Notices Can Cause Problems

California law requires eviction notices (called "notices to quit") to unambiguously terminate tenancy upon expiration of a time period specified in the notice. These periods can vary based on the type of tenancy. For example, an owner after foreclosure may be evicted with a 3-day notice to quit. However, if the property also has a renter under a bona fide lease, that occupant may necessitate a 90-day notice to quit ...