Criminal investigators at the state and local level do not have immediate access to retained copies of Forms 4789 and 4790 from the IRS and the Customs Service on a formal basis. However, it should be noted that copies of Forms 4789 and 4790 are retained by issuing banks for a period of five years, and are available under the same circumstances and conditions as any other bank records. Some of the principal techniques utilized by state and local criminal investigators in obtaining information from banks and other third-party sources is discussed on pages 2 through 14 of this guide. pages. Copies of both forms are contained on the following two D. Enforcement of Public Law 91-508 All of the Financial Recordkeeping and Currency and Foreign Transactions Reporting requirements of banks under Public Law 91-508 are enforceable by specific civil and criminal penalties for willful violations of the law and regulations issued thereunder. As a matter of fact, several large banks have already been prosecuted for violations. Detailed information concerning Public Law 91-508 can be obtained by requesting from the United States Department of the Treasury, a publication prepared by the Office of the General Counsel of the Treasury, issued in June, 1972, entitled "Currency and Foreign Transactions Reporting Act Statute, Regulations, and Forms. Requests should be addressed to the Deputy Assistant Secretary (Enforcement), the Department of the Treasury, Washington, D. C. 20220. Form 4789 (April 1972) (Replaces TCR-1) Department of the Treasury Internal Revenue Service Part I Currency Transaction Report File a separate report for each transaction Identity of person who conducted this transaction with the financial institution Name (Last, first and middle initial) Social security number Number and street Business, occupation or profession City or town, State and ZIP code Part II Person or organization for whom this transaction was completed (Complete only if different than Part 1) Name Identifying number Number and street City or town, State and ZIP code Business, occupation or profession Part III Description of transaction (If additional space is needed, attach a separate schedule) 2. Total amount of currency transaction 3. Amount in denominations of $100 or (in U.S. dollars) higher 5. If other than U.S. currency is involved, please furnish the following information: Currency name Country 4. Date of transaction (Month, day and year) Total amount of foreign currency 6. If a check was involved in this transaction, please furnish the following information (See instructions): Date and amount of check General Instructions This report is required by Treasury Department regulations (31 Code of Federal Regulations 103). Who Must File.-Beginning July 1, 1972, each financial institution (as described in these instructions) shall file a report of each deposit, withdrawal, exchange of currency or other payment or transfer, by, through, or to such financial institution, which involves a transaction in currency of more than $10,000. Exceptions.-Financial institutions are not required to file Form 4789 for transactions: (1) with Federal Reserve Banks or Federal Home Loan Banks; (2) solely with, or originated by, financial institutions or foreign banks; or (3) between a bank and established customers maintaining a deposit relationship with the bank, in amounts which the bank may reasonably conclude do not exceed amounts commensurate with the customary conduct of the customer's business, industry or profession. However, upon request each bank shall submit a report listing those customers who engage in transactions which were not reported because of the exemption in (3). When and Where to File.-This report shall be filed on or before the 45th day following the date of the transaction with the Internal Revenue Service Center, 11601 Roosevelt Boulevard, Philadelphia, Pennsylvania 19155. Forms may be obtained from any Internal Revenue Service office. Identifying Number.-Social security number or employer identification number if other than individual. Identification Required.-Before any transaction is effected a financial institution shall verify and record the identity, and record the account number on its books or the social security or taxpayer identification number, if any, of a person with whom or for whose account such transaction is to be effected. Verification of identity for a customer of the financial institution depositing or withdrawing funds may be by reference to his account or other number on the books of the institution. Verification of identity in any other case may be by examina. tion, for example, of a driver's license, passport, alien identification card, or other appropriate document normally acceptable as a means of identification. Penalties. Civil and criminal penalties are provided for failure to file a report or to supply information, and for filing a false or fraudulent report. See sections 103.47 and 103.49 of the regulations. Specific Instructions Part 1-(1) In the address block, enter the permanent address of the person conducting the transaction. (2) In the social security block, enter the social security number of the person conducting the transaction. If the person has no number, write "None" in this block. Part II.-(1) In the name block, individuals should enter their last name, first name and middle initial, if any, in that order. All others should enter their complete organization name. (2) In the identifying number block, enter the social security number or employer identification number. Part III, line 6.-This part should be completed only where a check is cashed or a bank check is purchased with currency. Part IV. See instruction "Identification Required," above. Part V.—Institutions may also enter in the name and address block other identifying information. Definitions Bank. Each agent, agency, branch or office within the United States of a foreign bank and each agency, branch or office within the United States of any person doing business in one or more of the capacities listed below: (1) a commercial bank or trust company organized under the laws of any state or of the United States; (2) a private bank; (3) a savings and loan association or a building and loan association organized under the laws of any state or of the United States; (4) an insured institution as defined in section 401 of the National Housing Act; (5) a savings bank, industrial bank or other thrift institution; (6) a credit union organized under the laws of any state or of the United States; and (7) any other organization chartered under the banking laws of any state and subject to the supervision of the bank supervisory authorities of a state. Currency. The coin and currency of the United States or of any other country, which circulate in and are customarily used and accepted as money in the country in which issued. It includes United States silver certificates, United States notes and Federal Reserve notes, but does not include bank checks or other negotiable instruments not customarily ac cepted as money. Financial Institution.—Each agency, branch or office within the United States of any person doing business in one or more of the capacities listed below: (1) a bank; (2) a broker or dealer in securities, registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934; (3) a person who engages as a business in dealing in or exchanging currency as, for example, a dealer in foreign exchange or a person engaged primarily in the cashing of checks; (4) a person who engages as a business in the issuing, selling or redeeming of travelers' checks, money or. ders, or similar instruments, except one who does so as a selling agent exclusively, or as an incidental part of another business; (5) an operator of a credit card system which issues, or authorizes the issuance of, credit cards that may be used for the acquisition of monetary instruments, goods, or services outside the United States. (6) a licensed transmitter of funds, or other person engaged in the business of transmitting funds abroad for others. Person. An individual, a corporation, a partnership, a trust or estate, a joint stock company, an association, a syn. dicate, joint venture, or other unincorporated organization or group, and all entities cognizable as legal personalities. Transaction in Currency.-A transaction involving the physical transfer of currency from one person to another. A transaction which is a transfer of funds by means of bank check, bank draft, wire transfer, or other written order, and which does not include the physical transfer of currency is not a transaction in currency within the meaning of this part. Part I Report of International Transportation of Date of currency or monetary instrument activity Person Transporting, Mailing, Shipping, or Receiving a Monetary Instrument 1. Name (last or family, first, and middle) or business name 4. Permanent address in United States or abroad 5. Address while in the United States 2. Identifying number 19.... This form is to be filed with the Bureau of Customs 3. Check whether the currency or monetary instrument was: 6. Date of birth (month, day, and year) 7. Alien registration card number, if any 8. Vi date 9. Place United States visa was issued City 10. Of what country are you a citizen or subject? 11. Passport number and country Leaving the U.S.— 12. Were you acting as an agent, attorney, or in other capacity for anyone in this currency or monetary instrument activity? Bearer instrument (specify type and amount) (d) Total amount (add lines (a), (b) and (c)). 14. If other than United States currency is involved, please complete the following: (a) Currency name (b) Country (c) Equivalent in United States dollars (specify amount). $ 15. Name of person from whom the currency or monetary instrument was received (to be completed by recipients only)......... 16. If the currency or monetary instrument was mailed, shipped, transported or carried, please complete the following: (a) Method of shipment (b) Name of transporter or carrier Under penalties of perjury, I declare that i have examined this report, and to the best of my knowledge and belief it is true, correct and complete. |