United States v. Gary Tipton, United States of America v. Edward Purmort

56 F.3d 1009
CourtCourt of Appeals for the Ninth Circuit
DecidedJuly 21, 1995
Docket94-50201, 94-50210
StatusPublished
Cited by17 cases

This text of 56 F.3d 1009 (United States v. Gary Tipton, United States of America v. Edward Purmort) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Gary Tipton, United States of America v. Edward Purmort, 56 F.3d 1009 (9th Cir. 1995).

Opinions

Opinion by Judge CANBY; Dissent by Judge NOONAN.

CANBY, Circuit Judge:

Gary Tipton and Edward Eugene Purmort appeal their convictions for conspiracy to structure financial transactions in violation of 18 U.S.C. § 371 and for structuring a financial transaction in violation of 31 U.S.C. § 5324(a)(3). We affirm.

I.

At trial, the government presented evidence establishing the following facts: In late 1987, Ahd Haddad and his wife Christine Haddad opened a business account for their “Stereo and Video Stop” store at the Loma Linda branch of Security Pacific National Bank. At the time, Tipton was the operations manager of the bank and Purmort was the bank’s branch manager.

Both Tipton and Purmort participated in quarterly training sessions of bank employees. At the training sessions, employees learned that if a person came to the bank to buy cashier’s checks with more than $10,000 dollars in currency on a single day, a Currency Transaction Report (CTR) would have to be filed with the Internal Revenue Service (IRS). Employees also learned that if a husband and wife had a joint account and [1011]*1011came in with more than $10,000 dollars on a single day, a CTR would have to be filed. Tipton and Purmort both testified that in 1988, they were familiar with regulations concerning reporting of currency transactions and knew that it was illegal to structure a financial transaction in order to avoid reporting requirements.

In March, 1988, Ahd Haddad asked Tipton how he could avoid reporting his cash income to the IRS. Tipton told him that as long as he kept his deposits under $10,000, the bank did not have to file a CTR with the IRS. In June of 1988, the Haddads came into the bank with approximately $45,000 in cash with which they wished to purchase cashier’s cheeks to pay their inventory supplier. They were sent into a conference room with Tipton and Purmort. Purmort left the room twice, then came back into the room as the Had-dads and Tipton were counting the cash and whispered to Ahd Haddad, “[y]ou’re going to keep bringing this much cash, you are going to get the IRS after our asses.” The cash was then used to purchase four cashier’s checks, each for less than $10,000, and each of which Tipton signed on behalf of the bank. Because Tipton told Ahd Haddad to try to limit his visits to the bank as they were nervous about him coming too often, he purchased another cashier’s check from a different bank to cover the remainder of the invoice. At some point in Ahd Haddad’s dealings with the bank, Tipton also told him that he should use different names when purchasing cashier’s checks.

In September, 1988, Ahd and Christine Haddad entered the bank with $80,000 in cash. They told Tipton that they wanted to purchase cashier’s checks made out to an escrow company to be used toward the purchase of land, but they did not want their transactions reported to the IRS. Tipton suggested that they divide the $80,000 into eight deposits in the amounts of $10,000 or less. On four successive days in September, the Haddads each brought $10,000 into the bank and bought separate cashier’s checks made out to the escrow company. Tipton signed for most of these checks, and Purmort told an employee to approve two of them. The bank did not file CTRs for any of the transactions.

One bank employee testified that, because she and her supervisor were concerned about the fact that CTRs weren’t filed in connection with the Haddads’ purchase of the eight cashiers checks, they requested photocopies and debit offsets of the cashier’s checks. When the documentation arrived at the bank, the employee heard Tipton ask her supervisor “are you trying to burn me?” Another bank employee testified that in 1989, he heard Purmort tell Tipton that Purmort was going to deny having any knowledge of “what was going on” with the Haddads to the IRS agents who were investigating the Haddads.

In August, 1998, a federal grand jury returned a two-count indictment against Ahd Haddad, Christine Haddad, Tipton, and Pur-mort, charging them with conspiracy to structure financial transactions in violation of 18 U.S.C. § 3711 and with structuring the $80,000 transaction for the purpose of evading currency reporting requirements in violation of 31 U.S.C. § 5324(a)(3).2 The Had-dads pleaded guilty, and Ahd Haddad agreed to testify against Tipton and Purmort. At the close of the trial, the district judge instructed the jury that in order to sustain its burden of proof for the crime of structuring financial transactions, the government was required to prove beyond a reasonable doubt

First: That the defendant knew of the reporting requirements, that is, that he knew that a Currency Transaction Report was required to be filed for any currency transaction over $10,000; Second: That the defendant knowingly structured or assisted in structuring or attempted to structure or assist in structuring a currency transaction with one or more domestic financial institutions for the purpose of [1012]*1012evading the reporting requirements; and Third: That the defendant acted with knowledge that the structuring he undertook was unlawful.

After deliberating for a day, the jury found Tipton and Purmort guilty both of conspiracy to structure a financial transaction and of structuring a financial transaction. Tipton and Purmort appeal their convictions on several grounds.

II.

A. Jury Instructions

The district court did not err in instructing the jury on the elements the government was required to prove in order to convict Tipton and Purmort of assisting the Haddads in unlawfully structuring a financial transaction. The district court instructed the jury that the government was required to prove that (1) Tipton and Purmort knew of the relevant reporting requirements, (2) Tip-ton and Purmort knowingly assisted the Haddads in structuring their purchase of $80,000 worth of cashier’s checks for the purpose of evading those reporting requirements, and (3) Tipton and Purmort knew that the structuring they assisted in undertaking was unlawful. Purmort argues that to prove defendants acted willfully, the government was also required to prove that the structuring was done for a nefarious purpose. We reject this argument. To prove that defendants acted willfully, the government was only required to prove that Tipton and Purmort knew that they were assisting the Haddads in structuring to avoid reporting requirements, and that this structuring was unlawful. See Ratzlaf v. United States, — U.S. -, -, 114 S.Ct. 655, 663, 126 L.Ed.2d 615 (1994); United States v. Hove, 52 F.3d 233, 235-36 (in order to establish that defendant was guilty of willfully structuring currency transactions “the government had to prove, and the jury had to be instructed, that [defendant] knew that the structuring he undertook was unlawful”) (9th Cir.1995). United States v. Weitzenhoff,

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Bluebook (online)
56 F.3d 1009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gary-tipton-united-states-of-america-v-edward-purmort-ca9-1995.