Showing posts with label Law and Justice. Show all posts
Showing posts with label Law and Justice. Show all posts

Thursday, January 23, 2014

Money laundering: An Analysis according to USA law

money laundering: an overview

Money laundering refers to a financial transaction scheme that aims to conceal the identity, source, and destination of illicitly-obtained money. The money laundering process can be broken down into three stages. First, the illegal activity that garners the money places it in the launderer’s hands. Second, the launderer passes the money through a complex scheme of transactions to obscure who initially received the money from the criminal enterprise. Third, the scheme returns the money to the launderer in an obscure and indirect way.
Tax evasion and false accounting practices constitute common types of money laundering. Often, criminals achieve these objectives through the use of shell companies, holding companies, and offshore accounts. A shell company is an incorporated company that possesses no significant assets and does not perform any significant operations. To launder money, the shell company purports to perform some service that would reasonably require its customers to often pay with cash. Cash transactions increase the anonymity of customers and therefore decrease the government’s ability to trace the initial recipient of the dirty money. Money launderers commonly select beauty salons and plumbing services as shell companies. The launderer then deposits the money with the shell company, which deposits it into its accounts. The company then creates fake invoices and receipts to account for the cash. Such transactions create the appearance of propriety and clean money. The shell company can then make withdrawals and either return the money to the initial criminal or pass the money on to further shell companies before returning it to further cloud who first deposited the money.
Criminals often use offshore accounts to hide money because they offer greater privacy, less regulation, and reduced taxation. Because the U.S. government has no authority to require foreign banks to report the interest earned by U.S. citizens with foreign bank accounts, the criminal can keep the account abroad, fail to report the account’s existence, and receive the interest without paying personal income taxes on it in the U.S.

 

 

U.S. Government’s Response

To combat this criminal activity, Congress passed the Bank Secrecy Act of 1970, which requires banks to report any financial transactions of $10,000.01 or more. Congress followed up this Act sixteen years later with the Money Laundering Control Act of 1986, which rendered money laundering a federal crime. In 2001, Congress passed the USA Patriot Act, which expanded the scope of reporting responsibilities and included more types of financial institutions in an effort to combat the financing of terrorist activities.
In a pair of 2008 decisions, the U.S. Supreme Court clarified the federal statute criminalizing money laundering. Cuellar v. United States (06-1456) determined that to prove money laundering, prosecutors must show that concealment of money must be for the purpose of concealing ownership, source, or control rather than for some other purpose. In United States v. Santos (06-1005), the Court held that the word “proceeds” in the federal laundering statute referred only to criminal profits and excluded criminal receipts. Thus, the Court reversed a pair of convictions based on money laundering involving the pay out of winnings in an illegal gambling ring.

USA Act and the Financial Anti-Terrorism Act

The USA Act (Uniting and Strengthening America Act of 2001) is an expansion of the Foreign Intelligence Surveillance Act (FISA) of 1978. The primary difference between the USA Act and FISA is the definition of terrorism. In FISA, terrorism is limited to acts that are "backed by a foreign power." The phrase foreign power is commonly regarded as foreign government. Focus on Al Qaeda after September 11 raised the issue that there are terrorists who are not backed by a foreign government and even those who may act completely alone. In the USA Act, terrorism was redefined to be activity that appears to be intended to (1) intimidate or coerce the government or civil population AND (2) breaks criminal laws AND (3) endangers human life.

Financial Anti-Terrorism Act 
The Financial Anti-Terrorism Act of 2001 (H.R. 3004) was a bill calling for the Federal Government to have the increased ability to control and monitor financial criminals and the ability to sentence them. The Financial Anti-Terrorism Act allows: Criminals to be punished, those who were engaged in illegal money practices Gives procedural guidelines for Federal subpoenas for records of funds in

 
correspondent bank accounts Federal jurisdiction over foreign money launderers and over money laundered through a foreign bank All financial institutions to be forced to form an anti-money laundering program The Financial Anti-Terrorism Act is not abbreviated or turned into an acronym, and therefore shouldn't be



referred to as the "FAT Act". It has been referred to as "FATA", but it isn't a common term. Legislative history: combining into the USA PATRIOT Act The USA Act passed the House (H.R. 2975) on October 12, 2001, and by the Senate (S. 1510) on October 11, 2001. On October 17, 2001 the Financial


Anti-Terrorism Act passed the House of Representatives: 412-1. The only Representative to vote "Nay" was Ron Paul. The USA Act and the Financial Anti-Terrorism Act were combined to become the USA PATRIOT Act on October 26, 2001.

Can I Get Married On a Tourist Visa to a US Citizen?


You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.
You might have heard stories about someone who got married in the US while on a tourist visa, didn't return home, and successfully adjusted his or her status to permanent resident. Why were these people allowed to stay? It is possible to adjust status from a tourist visa or visa waiver, but the people in this scenario were able to prove that they came to the US with honest tourist intentions and happened to make a spur-of-the-moment decision to get married. Proving that you entered the US with no preconceived intent to marry and file for adjustment of status can be difficult but not impossible.
You must remember that coming to the US with the sole intention of getting married in the US and filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they feel has committed visa fraud.

May be this video very halpful for you.



Eight things you should know before getting married in the US while on a tourist visa or on a Visa Waiver:
  1. The marriage must be in good-faith: One of the most important things that you will have to prove to the immigration officers is that your marriage is entered in good faith. If the officers realize that the marriage was entered only for the immigration benefits, they will deny the application and deport you back to your home country. You will have to submit sufficient documents and proof that your marriage is really a good-faith marriage.
  2. Marriage should not be immediately after you land in the US: It is generally not advisable that you get married immediately after landing in the US. If the marriage happens all of a sudden, and you can prove that, you may be alright. But if you entered with preconceived marriage plans, then it is recommended that you get married only after spending a reasonable period of time in the US on your tourist visa.
  3. The 30/60 Day Rule: The Department of State has an unwritten ‘30/60 day rule’ to help consular officers determine if someone has committed visa fraud. Even though this rule was developed by the Department of State, it is also used by USCIS when they are adjudicating applications within the United States. Foreign nationals coming to the US on tourist visa are subject to this “30/60 day rule.”
    This “30/60 day rule” makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and very dangerous within 30 days of arriving. People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. This is why it is extremely important to know about this rule and to understand how it works before you get married and apply for adjustment of status.
  4. What will happen if you are denied Adjustment of Status? The USCIS has very strict rules for those people who come to the Unites States on tourist visa with the sole intention of getting married and trying to stay. Not every one who gets married on a tourist visa while in the US is eligible to apply for adjustment of status. The reasons for denial of adjustment of status may include a person's health, criminal history, previous bans or simply a lack of required evidence that the marriage is bona fide or that you did not enter with a preconceived intent to marry. Let us look at the pros and cons of this situation.
    If you enter the US on a tourist visa and got married, either of the following two things will happen

    1. You can successfully apply for adjustment of status after the marriage and live happily ever after; or
    2. The immigration officer can find there was preconceived intent, deny the application, and send you back to your home country (please note that if the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country).


    The possibility of being denied an adjustment is very real, so you should both be prepared for any eventuality.

  5. You cannot leave the US immediately after marriage: Once you have married and filed for adjustment of status you will not be able to leave the US until you apply for and receive advance parole or your green card. If you leave the country before receiving one of these two documents, you will not be allowed to re-enter the US. You and your spouse would have to start the immigration process from scratch by petitioning for a spouse visa for you and you will have to remain in your own country until you can complete the immigrant visa process.
  6. Border Protection Officers are watching you: When you arrive on a tourist visa the CBP (Customs and Border Protection) inspection officers, at a port of entry, will ask you the purpose of your travel to the US. You should always be upfront and honest with the immigration inspectors. If you state your intent as, "To see the Grand Canyon," and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling. If the border official believes that you're not coming to the US for just a visit and you cannot prove your intent to leave before your visa expires, you'll find yourself on the next plane home.
  7. Enter the U.S. on a tourist visa, get married and return to your home country: Many foreign nationals want to know if they can come to the US on a tourist visa to get married, but with the intention of going back to the home country after the marriage.’

    Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.
  8. No excuse for visa fraud: If you think it’s easy to fool the US immigration officers – then I would say you should think twice. If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is found, you will face serious consequences. At the very least, you will have to return to your home country. Even worse, you may receive a ban from reentering the US, a ban that could be indefinite.

How to Become a U.S. Citizen by Marriage: From Lawyer's Desk

There is a misconception that someone who marries a U.S. citizen automatically acquires U.S. citizenship by marriage. This is simply not true.

USA CITIZEN BY MARRIAGE

Marriage to a U.S. citizen can certainly expedite someone's path to citizenship, but the alien still needs to wait several months to actually receive a green card, and then several years after that to become eligible to apply for citizenship.
So how does someone become a U.S. citizen after marrying a U.S. citizen? Here are four general steps:
  1. Be eligible for citizenship. To be eligible for citizenship through marriage, someone needs to be a permanent resident, be at least 18 years old, and have lived in the United States for at least three years. During those three years, the person must have been married to the U.S. citizen, been physically present in the country for at least half of that time, and not have established a home outside the country.
USA CITIZEN BY MARRIAGE
  1. Apply for naturalization. Assuming you meet the eligibility requirements, you still must apply for naturalization to become a citizen. Generally, you must complete Form N-400, Application for Naturalization, include photographs with your application, get fingerprinted, and submit other documents. You may also be asked to provide documents proving the validity of your marriage.

  2. Interview and take the citizenship test. Typically, after your application and fingerprints are processed, the next step is to interview with an immigration official and take the citizenship test. At the interview, you will be asked questions about your application, marriage, and background. If the interview goes well, you will then take an English and civics test. Oftentimes, your interview may stand in place of the English test, as the interviewer will have a sense of your command of the English language. The civics test can be more difficult and will require some studying.

  3. Swear allegiance. The final step to becoming a U.S. citizen is taking an Oath of Allegiance to the United States. 
 

Keep in mind that this is a very high-level summary of the naturalization process for someone married to a U.S. citizen. Many things can go wrong during naturalization, and you will want to talk to an immigration attorney should you have any questions

The Path of the Women's Rights Movement in USA

1848The world's first women's rights convention is held in Seneca Falls, NY, July 19-20. A Declaration of Sentiments and Resolutions is debated and signed by 68 women and 32 men, setting the agenda for the women's rights movement that followed.
1849 Elizabeth Smith Miller appears on the streets of Seneca Falls, NY, in "turkish trousers," soon to be known as "bloomers."



1849 Amelia Jenks Bloomer publishes and edits Lily the first prominent women's rights newspaper.
1850 Quaker physicians establish the Female Medical College of Pennsylvania, PA to give women a chance to learn medicine. The first women graduated under police guard.
1855 Lucy Stone becomes first woman on record to keep her own name after marriage, setting a trend among women who are consequently known as "Lucy Stoners."
1855 The University of Iowa becomes the first state school to admit women.
1855 In Missouri v. Celia, a Black slave is declared property without right to defense against a master's act of rape.
1859 American Medical Association announces opposition to abortion. In 1860, Connecticut is the first state to prohibit all abortions, both before and after quickening.
1859 The birth rate continues its downward spiral as reliable condoms become available. By the late 1900s, women will raise an average of only two or three children.
1860 Of 2,225,086 Black women, 1,971,135 are held in slavery. In San Francisco, about 85% of Chinese women are essentially enslaved as prostitutes.
1866 14th Amendment is passed by Congress (ratified by the states in 1868), the first time "citizens" and "voters" are defined as "male" in the Constitution.
1866 The American Equal Rights Association is founded, the first organization in the US to advocate women's suffrage.
1868 The National Labor Union supports equal pay for equal work.
1868 Elizabeth Cady Stanton and Susan Anthony begin publishing The Revolution, an important women's movement periodical.
1870 For the first time in the history of jurisprudence, women serve on juries in the Wyoming Territory.
1870 Iowa is the first state to admit a woman to the bar: Arabella Mansfield.
1870 The 15th Amendment receives final ratification. By its text, women are not specifically excluded from the vote. During the next two years, approximately 150 women will attempt to vote in almost a dozen different jurisdictions from Delaware to California.
1872 Through the efforts of lawyer Belva Lockwood, Congress passes a law to give women federal employees equal pay for equal work.
1872 Charlotte E. Ray, Howard University law school graduate, becomes first African-American woman admitted to the US bar.
1873  Bradwell v. Illinois: Supreme Court affirms that states can restrict women from the practice of any profession to uphold the law of the Creator.
1873 Congress passes the Comstock Law, defining contraceptive information as "obscene material."
1877 Helen Magill is the first woman to receive a Ph.D. at a US school, a doctorate in Greek from Boston University.
1878 The Susan B. Anthony Amendment, to grant women the vote, is first introduced in the US Congress.
1884 Belva Lockwood, presidential candidate of the National Equal Rights Party, is the first woman to receive votes in a presidential election (appx. 4,000 in six states).
1887 For the first and only time in this century, the US Senate votes on woman suffrage. It loses, 34 to 16. Twenty-five Senators do not bother to participate.
1899 National Consumers League is formed with Florence Kelley as its president. The League organizes women to use their power as consumers to push for better working conditions and protective laws for women workers.
1900 Two-thirds of divorce cases are initiated by the wife; a century earlier, most women lacked the right to sue and were hopelessly locked into bad marriages.
1909 Women garment workers strike in New York for better wages and working conditions in the Uprising of the 20,000. Over 300 shops eventually sign union contracts.
1912 Juliette Gordon Low founds first American group of Girl Guides, in Atlanta, Georgia. Later renamed the Girl Scouts of the USA, the organization brings girls into the outdoors, encourages their self-reliance and resourcefulness, and prepares them for varied roles as adult women.
1913 Alice Paul and Lucy Burns organize the Congressional Union, which later becomes the National Women's Party. Members picket the White House and engage in other forms of civil disobedience, drawing public attention to the suffrage cause.
1914 Margaret Sanger calls for legalization of contraceptives in her new, feminist publication, The Woman Rebel, which the Post Office bans from the mails.
1917 During WWI women move into many jobs working in heavy industry in mining, chemical manufacturing, automobile and railway plants. They also run street cars, conduct trains, direct traffic, and deliver mail.
1917 Jeannette Rankin of Montana becomes the first woman elected to the US Congress.
1919 The House of Representatives passes the women's suffrage amendment, 304 to 89; the Senate passes it with just two votes to spare, 56 to 25.
1921 Margaret Sanger organizes the American Birth Control League, which becomes Federation of Planned Parenthood in 1942.
1923 Supreme Court strikes down a 1918 minimum-wage law for District of Columbia women because, with the vote, women are considered equal to men. This ruling cancels all state minimum wage laws.
1933 Frances Perkins, the first woman in a Presidential cabinet, serves as Secretary of Labor during the entire Roosevelt presidency.
1941 A massive government and industry media campaign persuades women to take jobs during the war. Almost 7 million women respond, 2 million as industrial "Rosie the Riveters" and 400,000 join the military.
1945 Women industrial workers begin to lose their jobs in large numbers to returning service men, although surveys show 80% want to continue working.
1957 The number of women and men voting is approximately equal for the first time.
1960 The Food and Drug Administration approves birth control pills.
1960 Women now earn only 60 cents for every dollar earned by men, a decline since 1955. Women of color earn only 42 cents.
1963 The Equal Pay Act, proposed twenty years earlier, establishes equal pay for men and women performing the same job duties. It does not cover domestics, agricultural workers, executives, administrators or professionals.
1963 Betty Friedan's best-seller, The Feminine Mystique, detailed the "problem that has no name." Five million copies are sold by 1970, laying the groundwork for the modern feminist movement.
1964 Title VII of the Civil Rights Act bars employment discrimination by private employers, employment agencies, and unions based on race, sex, and other grounds. To investigate complaints and enforce penalties, it establishes the Equal Employment Opportunity Commission (EEOC), which receives 50,000 complaints of gender discrimination in its first five years.
1966 In response to EEOC inaction on employment discrimination complaints, twenty-eight women found the National Organization for Women to function as a civil rights organization for women.
1968 New York Radical Women garner media attention to the women's movement when they protest the Miss America Pageant in Atlantic City.
1968 The first national women's liberation conference is held in Chicago.
1968 The National Abortion Rights Action League (NARAL) is founded.
1968 National Welfare Rights Organization is formed by activists such as Johnnie Tillmon and Etta Horm. They have 22,000 members by 1969, but are unable to survive as an organization past 1975.
1968 Shirley Chisholm (D-NY) is first Black woman elected to the US Congress.

Women rights movement in USA

1970 Women's wages fall to 59 cents for every dollar earned by men. Although nonwhite women earn even less, the gap is closing between white women and women of color.
1970 The Equal Rights Amendment is reintroduced into Congress.
1973 Billie Jean King scores an enormous victory for female athletes when she beats Bobby Riggs in "The tennis tournament watched by nearly 48,000,000 people."
1973 The first battered women's shelters open in the US, in Tucson, Arizona and St. Paul, Minnesota.
1973 In Roe v. Wade, the Supreme Court establishes a woman's right to abortion, effectively canceling the anti-abortion laws of 46 states.
1974 MANA, the Mexican-American Women's National Association, organizes as feminist activist organization. By 1990, MANA chapters operate in 16 states; members in 36.
1974 Hundreds of colleges are offering women's studies courses. Additionally, 230 women's centers on college campuses provide support services for women students.
1975 The first women's bank opens, in New York City.



1978 For the first time in history, more women than men enter college.
1981 At the request of women's organizations, President Carter proclaims the first "National Women's History Week," incorporating March 8, International Women's Day.
1981 Sandra Day O'Connor is the first woman ever appointed to the US Supreme Court. In 1993, she is joined by Ruth Bader Ginsberg.
1984 Geraldine Ferraro is the first woman vice-presidential candidate of a major political party (Democratic Party).
1990 The number of Black women in elective office has increased from 131 in 1970 to 1,950 in 1990.
1992 Women are now paid 71 cents for every dollar paid to men. The range is from 64 cents for working-class women to 77 cents for professional women with doctorates. Black women earned 65 cents, Latinas 54 cents.
1993 Take Our Daughters to Work Day debuts, designed to build girls self-esteem and open their eyes to a variety of careers.
1996 US women's spectacular success in the Summer Olympics (19 gold medals, 10 silver, 9 bronze) is the result of large numbers of girls and women active in sports since the passage of Title IX.

Wednesday, January 22, 2014

U.S. Attorneys Mission and Listing

The United States Attorneys serve as the nation's principal litigators under the direction of the Attorney General. There are 93 United States Attorneys stationed throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. United States Attorneys are appointed by, and serve at the discretion of, the President of the United States, with the advice and consent of the United States Senate. One United States Attorney is assigned to each of the 94 judicial districts, with the exception of Guam and the Northern Mariana Islands where a single United States Attorney serves in both districts. Each United States Attorney is the chief federal law enforcement officer of the United States within his or her particular jurisdiction.
United States Attorneys conduct most of the trial work in which the United States is a party. The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code:
  • the prosecution of criminal cases brought by the Federal Government;
  • the prosecution and defense of civil cases in which the United States is a party; and
  • the collection of debts owed the Federal Government which are administratively uncollectible.
Although the distribution of caseload varies between districts, each U.S. Attorney’s Office deals with every category of cases and handles a mixture of simple and complex litigation. Each United States Attorney exercises wide discretion in the use of his/her resources to further the priorities of the local jurisdictions and needs of their communities.

U.S. Attorneys Listing

* Represents Presidentially Appointed United States Attorneys
District United States Attorney
Alabama, Middle *George L. Beck
Alabama, Northern *Joyce White Vance
Alabama, Southern *Kenyen Ray Brown
Alaska *Karen L. Loeffler
Arizona *John S. Leonardo
Arkansas, Eastern *Christopher R. Thyer
Arkansas, Western *Conner Eldridge
California, Central *André Birotte, Jr.
California, Eastern *Benjamin B. Wagner
California, Northern *Melinda L. Haag
California, Southern *Laura E. Duffy
Colorado *John F. Walsh
Connecticut Deirdre Daly
Delaware *Charles M. Oberly, III
District of Columbia *Ronald C. Machen
Florida, Middle Lee Bentley
Florida, Northern *Pamela C. Marsh
Florida, Southern *Wifredo A. Ferrer
Georgia, Middle *Michael J. Moore
Georgia, Northern *Sally Quillian Yates
Georgia, Southern *Edward J. Tarver
Guam & Northern Mariana Islands *Alicia A.G. Limtiaco
Hawaii *Florence T. Nakakuni
Idaho *Wendy J. Olson
Illinois, Central *James A. Lewis
Illinois, Northern *Zachary T. Fardon
Illinois, Southern *Stephen R. Wigginton
Indiana, Northern *David A. Capp
Indiana, Southern *Joseph H. Hogsett
Iowa, Northern Sean Berry
Iowa, Southern *Nicholas A. Klinefeldt
Kansas *Barry R. Grissom
Kentucky, Eastern *Kerry B. Harvey
Kentucky, Western *David J. Hale
Louisiana, Eastern *Kenneth A. Polite
Louisiana, Middle Walt Green
Louisiana, Western *Stephanie A. Finley
Maine *Thomas Edward Delahanty, II
Maryland *Rod J. Rosenstein
Massachusetts *Carmen Milagros Ortiz
Michigan, Eastern *Barbara L. McQuade
Michigan, Western *Patrick A. Miles, Jr.
Minnesota John Marti
Mississippi, Northern *Felicia Adams
Mississippi, Southern *Gregory K. Davis
Missouri, Eastern *Richard G. Callahan
Missouri, Western *Tammy Dickinson
Montana *Michael Cotter
Nebraska *Deborah K.R. Gilg
Nevada *Daniel G. Bogden
New Hampshire *John P. Kacavas
New Jersey *Paul J. Fishman
New Mexico Steven Yarbrough
New York, Eastern *Loretta E. Lynch
New York, Northern *Richard S. Hartunian
New York, Southern *Preet Bharara
New York, Western *William J. Hochul, Jr.
North Carolina, Eastern *Thomas G. Walker
North Carolina, Middle *Ripley Rand
North Carolina, Western *Anne Tompkins
North Dakota *Timothy Q. Purdon
Ohio, Northern *Steven M. Dettelbach
Ohio, Southern *Carter M. Stewart
Oklahoma, Eastern *Mark F. Green
Oklahoma, Northern *Danny Williams
Oklahoma, Western *Sanford Coats
Oregon *S. Amanda Marshall
Pennsylvania, Eastern *Zane D. Memeger
Pennsylvania, Middle *Peter J. Smith
Pennsylvania, Western *David J. Hickton
Puerto Rico Rosa E. Rodriguez-Velez
Rhode Island *Peter F. Neronha
South Carolina *William N. Nettles
South Dakota *Brendan V. Johnson
Tennessee, Eastern *William C. Killian
Tennessee, Middle David Rivera
Tennessee, Western *Edward L. Stanton, III
Texas, Eastern *John Malcolm Bales
Texas, Northern *Sarah R. Saldaña
Texas, Southern *Kenneth Magidson
Texas, Western *Robert L. Pitman
Utah *David B. Barlow
Vermont *Tristram J. Coffin
Virgin Islands *Ronald W. Sharpe
Virginia, Eastern Dana Boente
Virginia, Western *Timothy J. Heaphy
Washington, Eastern *Michael Ormsby
Washington, Western *Jenny A. Durkan
West Virginia, Northern *William J. Ihlenfeld, II
West Virginia, Southern *R. Booth Goodwin, II
Wisconsin, Eastern *James Santelle
Wisconsin, Western *John William Vaudreuil
Wyoming *Christopher A. Crofts
* Represents Presidentially Appointed United States Attorneys