Unpublished Disposition, 849 F.2d 1477 (9th Cir. 1988)

MEMORANDUM^* 

Velasquez appeals his conviction following a court trial on one count of attempted transportation of more than $10,000 in unreported monetary instruments, 31 U.S.C. §§ 5316(a) (1) (A), 5322(a) (1982 & Supp. III 1985), and making a false statement to a government agency, 18 U.S.C. § 1001 (1982). He claims there was insufficient evidence to support his conviction because no testimony showed that he was aware of the reporting requirements. We affirm.

Testimony at trial showed that two hours before Velasquez' flight from Los Angeles to Bogota, Colombia, a United States Customs Patrol Officer announced the currency reporting requirements in English and Spanish over the public address system in the boarding area. Another officer asked waiting travelers at the gate whether they spoke Spanish or English and then gave each a brochure containing the requirements in the appropriate language. Posters in the gate area also advised of the requirements.

When the boarding call was given shortly after the announcement and the passengers entered the boarding ramp, several customs officers stopped travelers to verify compliance with the reporting requirements. The officer who had made the public announcement stopped Velasquez and his mother and brother. The officer identified herself in Spanish and English, and when Velasquez agreed to speak with her on behalf of the group, she asked him whether he spoke English and he answered yes. The rest of the conversation with Velasquez was in English.

The officer asked him whether he heard the announcement, and whether anyone in his party carried more than $10,000. Although Velasquez indicated that he had heard the announcement, she repeated the currency reporting requirements. Velasquez stated that he had $5,000, his brother had $3,000, and his mother carried $200. The officer repeated the reporting requirements to his mother in Spanish, and asked her if she had more than $10,000 with her. Mrs. Velasquez denied carrying more than $10,000, but her extreme agitation led the officer to ask whether she could search her handbag. Mrs. Velasquez consented and a search found gift-wrapped packages of more than $10,000 in currency. Velasquez called out, in English, that the money belonged to him and that he had earned it legally. His brother fled the boarding area, leaving his bag behind.

When Velasquez and his mother were more closely searched, more than $40,000 was found on Mrs. Velasquez and more than $30,000 on Velasquez, while an additional $5,000 was found in the bags, for a total of $81,828. The flier containing the currency reporting requirements was found in a side pocket of one of the carry-on bags.

There is substantial evidence to support Velasquez's conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find the elements of the crime beyond a reasonable doubt. United States v. Vaccaro, 816 F.2d 443, 454 (9th Cir.), cert. denied, 108 S. Ct. 295 (1987). The above facts are more than substantial evidence that Velasquez attempted to transport more than $10,000 out of the United States, had knowledge of the requirement to report the currency transportation, and willfully failed to make a report, the required elements for a violation of 31 U.S.C. § 5316. See United States v. Woodward, 726 F.2d 1320, 1327 (9th Cir. 1983), rev'd on other grounds, 469 U.S. 105 (1985). The evidence is also sufficient to show that Velasquez willfully made a material statement he knew to be false, and that the statement was within the jurisdiction of the federal agency to which it was uttered, the elements required for conviction under 18 U.S.C. § 1001. See United States v. Yermian, 468 U.S. 63, 69-70 (1984). Velasquez's conviction and sentencing on both counts was proper. United States v. Woodward, 469 U.S. 105, 109-110 (1985).

AFFIRMED.