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Old 11 October 2018, 11:46
LukeFairfieldCPA LukeFairfieldCPA is offline
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Join Date: Oct 2018
Location: San Diego
Posts: 12
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You make great points. At trial they would have needed to prove that I "knew" that my client intended to do illegal acts with the LLC I set up for him for example. This is difficult. Not only because he had both legal and illegal businesses but because I am rarely if ever involved with someone's business once the LLC setup is done. I would have testified strongly I believe. However, it is impossible to prove a negative and that's where fear comes it. I actually did do the "actions" like you so accurately mention has happened in many cases. I did set up LLCs, I did file his tax return and I did invest money for him. Did I know it was from illegal sources? No I did not.
It becomes the prosecutors story against my story with 12 people I don't know and have no faith in deciding. No thanks. Not when seeing my kids grow up might be on the line.
Not surprisingly in my case, they dropped all drug charges and money laundering charges and stuck with 1 racketeering charge. RICO is of course the last result when they can't really pin something specific on you as it simply implies "assisting a criminal enterprise." Again, actions where "intent" is the critical factor...
I think to that being willing to take responsibility is important. I did have business dealings with this client and if they were wrong, I want to be responsible for them. Ignorance of the law is no excuse so if I broke the law, I'll take my punishment and move on with life. It has not and will not define who I am,
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