United States v. Lang, No. 12-13608 (11th Cir. 2013)Annotate this Case
The law requires a financial institution to file with the Department of Treasury reports of cash transactions by any person on a single day that exceed $10,000. Defendant was indicted on 85 counts of violating 31 U.S.C. 5324(a)(3), which makes it a crime to structure cash transactions for the purpose of evading the reporting requirement. After he was convicted of 70 counts, defendant appealed. The court concluded that the indictment in this case did not provide the necessary factual allegations and failed under any reasonable construction to charge all of the elements of the offense. Where no count in the indictment charges a crime, the defendant was entitled to have the judgment vacated and the case remanded with instructions that the indictment be dismissed. Accordingly, the court vacated and remanded.