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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 08-16-2014, 12:45 PM   #1
Sir Lancehernot
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Default Safeguarding cash in an all-cash business

So the story goes like this: Someone calls the police and alleges that someone involved in the business side of the hobby is involved in something-illegal-that-I specifically-have-in-mind-but-cannot-mention-here-because-of-board-restrictions-but-that-is-illegal. (I hope I went far enough but not too far.) The police, acting on the tip, execute a search warrant at this someone's home and find stash of cash, which, because of the allegations, they seize.

I'm not up to speed on civil forfeiture law, but I'm aware enough of what's going on to know that it's a process that's ripe for abuse because 1) it gives the police a strong incentive to seize money and property, 2) once the money or property has been taken, it's pretty damned difficult to get it back without a prolonged and expensive legal battle.

It's quite possible that the amount of money that might attract such notice would more likely be found in a proprietor's place of business or home, not in a single working-girl's apartment. On the other hand, given LE's zeal about certain matters at certain times, it's also possible that such a young woman who hasn't been to the bank in a while might find her asset base significantly reduced if she were apprehended.

So I have three questions:
1) If a simple working girl fears that her office or home might be searched because the police are hoping to find evidence that she's engaged in other activities, they find no such evidence but they do find an amount of money they deem suspicious and take it with them, what should she do to minimize the possibility of such confiscation?
2) For such a girl who has such fears, how safe from such a seizure is her bank account?
3) Would at least a part of her money be immune from confiscation if it were in a 529 for her kids or a SIMPLE for her?

Remember, they may know she's a prostitute, but there's absolutely no evidence, if any, other than the tip that she's engaged in anything other than a Class B midemeanor. But they take the money anyway. (And if that scenario is impossible, let me know, and I apologize for taking your time.)
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Old 08-16-2014, 03:32 PM   #2
19Trees
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More than regular Bob Hobby does, cops steal more money (and get more free sex) than they are entitled under the law, but they have the badge, weapons, cuffs and patrol car - - which effectively are "tools" that enable them to steal money/services with impunity.

Yawn.

Regarding civil forfeiture, its the [State] versus the [Assett], i.e., Texas vs One 2012 Ford Mustang: cop finds drugs/paraphernalia or other contraband, DA or SA indicts the car. The action is NOT against the individual. Its against the item being seized and civilly forfeited.

"Proceeds" that arise from criminal activities can be seized and forfeited using the criminal laws (versus civil forfeiture).

In both cases (civil and criminal seizures of assets), good luck ever seeing those assets again, even with the best of criminal/civil counsel. Once the police grab it blow it a kiss, it's gone.

Best thing indie Jane Provider can do is make frequent drops (pimped providers get collected) failing that to hide it outside her incall location. In short, keep as much of the cash as possible off the premises.

Regarding banks, its wise to use ATM's (versus tellers) for deposits since tellers and bank managers have "know your customer" rules and must make reports. Using multiple accounts has been reported by high-volume and successful GPS providers (presumably to avoid sax audit). Obviously, Jane should use non interest bearing accounts so that no "income" is reported by the bank to the sax authority by 1099 for interest paid on deposits.

Keep off premises. Cash not dropped better hidden outside versus inside incall. Use ATM's to 'drop' funds. Purchase Green Dot and "Paypal" cards so that cash disappears into a debit-card accessible, non interest bearing account.

The most successful providers purchase REAL property (land, house, condo, etc) and use 'waterfall' accounts that ensure mortgage gets paid first and then all the rest is gravy or overpay mortgage so as to attack principal.

Seems about 1/15-20 get it right (on income and allocation sides) whereas most providers generate a fair amount of cash and then wonder where the hell it went.

For the majority of providers that do not seem to get it right, Trees thinks its prolly better for the money to disappear into consumptive ether than escheat to the State or fall into the crooked cops pocket.

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