CHARLESTON, W.VA. – United States Attorney Mike Stuart
announced today the West Virginia State Police received $1,087,285.15 as a
result of a civil forfeiture action relating to violations of the Bank Secrecy
Act by First National Bank of Williamson.
The Bank Secrecy Act requires financial institutions to maintain
programs that detect and report suspicious activity that may signify money
laundering. Under this law, banks must prepare and file Cash Transaction
Reports for all cash transactions over $10,000. The Bank Secrecy Act also makes
structuring a federal crime that involves the breaking down of cash banking
transactions in amounts of $10,000 or less to avoid triggering a bank’s
reporting requirement. First National
Bank agreed to forfeit $1,360,000 to the United States, which represents the
sum of transactions uncovered.
Stuart commended the efforts of the Federal Deposit
Insurance Corporation Office of the Inspector General, the Federal Bureau of
Investigation, and the West Virginia State Police Bureau of Criminal
Investigation.
“The scheme set up by White and others to deceive federal
authorities should never have been permitted by the bank,” said United States
Attorney Mike Stuart. “In every instance
where we identify a federal institution intentionally aiding and abetting
illegal activities, we will use every tool possible, including forfeiture, to
ensure the institution pays a very heavy price.
I am happy that over $1 million forfeited by the bank in this case can
now be used by WV State Police to further its missions and good work for the
citizens of our great state.”
Between April 2006 and November 2008, Arthur White, Jr., and
other individuals, structured $1.36 million in cash withdrawals in increments
of exactly $10,000 from First National Bank of Williamson in order to avoid
triggering the mandatory reports. In March 2013, Arthur White pleaded guilty in
the United States District Court for the Southern District of West Virginia to
tax evasion and structuring. White admitted that he cashed checks made payable
to his companies that held accounts at First National Bank of Williamson.
According to the complaint, First National Bank permitted White to pay cash for
cashiers’ checks made payable to himself, without first depositing the money
into any account.
As part of the scheme, White and other individuals would
receive exactly $10,000 in cash each time they cashed a check. They would then
purchase a new cashier’s check without depositing any of the money, repeating
the process until the entire check had been converted to cash. The cash
obtained through this structuring was used to pay wages for some of White’s
employees. White, and others at his direction, intentionally conducted these
transactions to avoid triggering the bank’s reporting requirements and to evade
taxes.
As set forth in the complaint, despite First National Bank's
knowledge of these transactions, it permitted this structuring and failed to
report these transactions as required by law.
"The dismantlement is a result of the investigation and
successful prosecution which enables and triggers asset forfeiture," said
FBI Pittsburgh Assistant Special Agent in Charge Nick Boshears. "The
funding provides for things like new vehicles, bulletproof vests, opioid
overdose reversal kits and better training for our law enforcement
partners."
“We are pleased to join our law enforcement partners in
recognizing the successful results of this case,” said Federal Deposit
Insurance Corporation’s Deputy Assistant Inspector General for Investigations,
Francis L. Mace. “Today’s sharing of
forfeiture proceeds will provide the members of the West Virginia State Police
with funds that can be used to further their important mission of serving the
citizens of West Virginia.”
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