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United States v. Fisher

United States District Court for the Western District of New York · Constitutional Law

Constitutional Lawindictment sufficiencyRule 12Rule 7(c)(1)31 U.S.C. § 5324(a)(1)31 U.S.C. § 5325(a)(2)31 C.F.R. § 1010.420reporting requirements

Facts

Georgina Fisher was charged in a superseding indictment with eight counts alleging that she knowingly, and for the purpose of evading Title 31 reporting requirements, caused or attempted to cause Western Union to fail to file reports required under 31 U.S.C. § 5325(a)(2) and regulations prescribed thereunder. The indictment alleged that on specified dates she purchased specifically identified money orders through Western Union agents, including transactions that totaled more than $3,000 in a day while remaining below $3,000 at each individual store. Fisher argued that § 5325(a)(2) contains no reporting requirement, that any reporting duty arises only if the Secretary requests a report and that this had to be expressly alleged, and that the indictment failed to allege Western Union knowledge needed to aggregate purchases under the regulation. The court evaluated only the face of the indictment and the cited statutory and regulatory scheme.

Issue

Whether the superseding indictment failed to state an offense under 31 U.S.C. § 5324(a)(1) because § 5325(a)(2) allegedly contains no reporting requirement, because the indictment did not expressly allege a request for a report by the Secretary of the Treasury, and because the indictment did not expressly allege Western Union knowledge sufficient to aggregate multiple money-order purchases over $3,000.

Rule

On a motion to dismiss for failure to state an offense, a court assumes the truth of the indictment's allegations and asks whether the indictment is valid on its face. An indictment is sufficient if it tracks the language of the statute, states the approximate time and place of the alleged crime, contains the elements of the offense, and fairly informs the defendant of the charge; it may also include facts necessarily implied by its specific allegations, and common sense controls rather than hypertechnical pleading. Under § 5325(a)(2), the Secretary's implementing regulations may impose recordkeeping and make records available to the Secretary upon request, and an indictment charging a violation of § 5324(a)(1) need not plead evidentiary detail such as an express allegation of a Treasury request or Western Union employee knowledge where those matters are necessarily implied or concern proof at trial.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A federal indictment in Ohio charges Lena Ortiz with knowingly, and for the purpose of evading Title 31 reporting requirements, causing or attempting to cause Pine Harbor Remittance, a domestic financial institution, to fail to file a report required under 31 U.S.C. § 5325(a)(2) and regulations prescribed thereunder. The indictment lists the approximate dates, the city of Toledo, and the transactions at issue, but does not describe the evidence the government expects to offer.

If Ortiz moves to dismiss for failure to state an offense, what is the proper approach for the court?

Explanation. On a motion to dismiss for failure to state an offense, the court assumes the truth of the indictment's allegations and asks only whether the indictment is valid on its face. It does not test witness credibility, review the likely proof, or demand evidentiary detail. (Derived from United States v. Fisher (n.d.).)