Malachi York

Ask The Nuwaupians, why do they all avoid any discussion of York's money structuring conviction?

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Question: Ask The Nuwaupians, why do they all avoid any discussion of York's money structuring conviction?

Answer: They have no answer because they thought it was only a pedophile case.

Court Transcript December 30, 2003 pg. 2 LL 13-19:

 “I will also tell you that I’m not going to have a closed trial.  I have made arrangements to have a closed circuit television set up, and any spectators will be able to watch the trial of this case on the third floor by watching the monitor set up for closed circuit television, and I think that satisfies any public trial requirements under the Sixth Amendment or the First Amendment.”

-The Honorable Judge: Ashley Royal

 

During the course of the trial, there were 40-50 spectators viewing the trial on closed circuit television with the witnesses, inclusive of alleged victims or witnesses who would be under the protection of the Title 18, United States Code, Section 3509(d).  The names and faces of victims and all witnesses in the trial of this case were witnessed by the 40-50 spectators or members of the public.

 

 

Nuwaupians are clueless with regards to the York Court Case and his trial because they never actually  studied it.  As they're still fantasizing about York being innocent, they apparently had no knowledge that he was also convicted on 3 counts of "structuring".  Malachi York was a career con artist, and as intelligent as he claimed to be, he wasn't smart enough to follow the rules of the law, therefore his greed helped to rid us of his presents.  Malachi York had a personal account and 3 other business accounts with the Wachovia Bank in Athens, and his account was under the name Malachi York and his bank account number was, 31931244.

At trial, witnesses testified that York instructed the workers in the "finance office" never to deposit $10,000 or more in cash into any of his bank accounts at any given time, in order to evade federal cash transaction reporting requirements.  Counts Nine, Ten, and Eleven charge York with the acts of unlawfully structuring cash transactions that form the basis for those predicate acts in the RICO and conspiracy counts of the Indictment. Specifically, Counts Nine, Ten, and Eleven charge York with three acts of unlawfully structuring cash transactions to avoid federal reporting requirements, in violation of 31 U.S.C. § 5313(a) and 31 U.S.C. § 5324 (a)(3). Count Nine charges York with unlawfully structuring cash transactions on or about September 29-30, 1999. Count Ten charges York with unlawfully structuring cash transactions on or about October 6-8, 1999. Count Eleven charges York with unlawfully structuring cash transactions on or about April 5-11, 2000. Finally, Counts Twelve and Thirteen are forfeiture counts.

 Note: (the image above is used as an example.)

At trial, there was substantial evidence that under York's leadership, the Nuwaubians' lifestyle was highly restricted.  York had several "wives" or "concubines"  who served his business and personal needs.  York's followers were expected to abide by his rules or risk punishment or expulsion from the Nuwaubian organization. Men and women did not live together; children beyond toddler age were generally separated from their parents; and children were separated by sex and age and lived in different buildings and rooms accordingly. Children were home-schooled and usually interacted with their biological parents for only specific, short periods of time.  Below are the counts, judgement and sentencing of York.

 


 

The un-lawful act of "structuring" is what York was also convicted of.

"
Conspiracy to Structure Cash to Evade Currency Transactions Reporting Requirements" counts 3ss, 9ss, 10ss, 11ss.

For more information about this type of crime, do a net search, consult any general law book, speak with an expert attorney. Here are three brief definitions.


Structuring, also known as "smurfing", in the banking industry jargon, it's the practice of executing financial transactions (such as the making of bank deposits) in a specific pattern calculated to avoid the creation of certain records and reports required by law, such as the United States's Bank Secrecy Act (BSA) and Internal Revenue Code section 6050I (relating to the requirement to file Form 8300)

-Internal Revenue Service (2006-06-01). "Part IV Examining Process; Chapter 26 Bank Secrecy Act; Section 13 Structuring"

Structuring includes the act of parceling what would otherwise be a large financial transaction into a series of smaller transactions to avoid scrutiny by regulators or law enforcement. Structuring often appears in federal indictments related to money laundering, fraud, and other financial crimes.

 

The term "smurfing" is derived from the image of the comic book characters, the Smurfs, having a large group of many small entities. Miami-based lawyer Gregory Baldwin is said to have coined the term in the 1980s.

-Fox News 3/14/2008 "Spitzer Tripped Up on Laws He Enforced". 

Typically each of the smaller transactions is executed in an amount below some statutory limit that normally does not require a financial institution to file a report with a government agency. Criminal enterprises often employ several agents (smurfs) to make the transaction.

Cash Structuring is one of the most commonly used forms of money laundering. It is easy to perform but also easy to detect. Offenders who conduct cash structuring transactions often do so to evade the Currency Transaction Reporting (CTR) requirements implemented by the Internal Revenue Service (IRS). Under these requirements, the depositor has to file a CTR if he/she is depositing cash that is more than $10,000.

To fly under the banks' radar, an offender would often "structure" or divide payments into a set of transactions where each individual transaction is lower than $10,000.

It is obvious that not every transaction of under $10,000 is a suspect of cash structure. But if there are detectable patterns such as attempting to take the sender’s name off the wire transfers, large cash deposits made to ATM, and movement of cash in multiple transactions that is just under $10,000.

To detect cash structuring, banks specifically look for situations in which multiple transactions (two or more) are just slightly under $10,000 that are performed in a short period time. Once they determined that the transactions are of suspicious activity, they file a report with the IRS for further investigation. 

-Joseph Potashnik & Associates

 

The following trial notes are from January 9, 2004:  

The Wachovia Bank Supervisor is providing the answers to the Prosecutor's questions.

Q. During the year 1998, did the defendant open a bank account at your Athens, Georgia branch.

Wachovia Bank Supervisor: Yes he did.

Q. And you remember him coming in?

Wachovia Bank Supervisor: Yes.

Q. Was he alone?

Wachovia Bank Supervisor: No, he was was accompanied by 5 females.

Q. How were they dressed?

Wachovia Bank Supervisor: They were dressed in all black.

Q. When he opened the account, did he fill out any cards?

Wachovia Bank Supervisor: Yes, we have what are called are signature cards, we keep them to verify a signature against a check that may clear an account.

Q. Look at exhibit evidence #262 - #265, do you recognized them?

Wachovia Bank SupervisorYes, they're signature ownership cards, customers sign them when they open a new account, and that they'll apply to the terms and conditions of the account, and this is their true signature.

Q. Did the defendant sign exhibits #262 - #264?

Wachovia Bank Supervisor: Yes.

Q. How many accounts did Mr. York open and what are the names?

Wachovia Bank Supervisor: I don't remember them all, I do recognize the personal account and Holy Tabernacle Ministries Store.

Q. Were there other people authorized to use that account in terms of closing or making any changes to it?

Wachovia Bank Supervisor: No one other than Mr. York.

Q. Did Mr. York normally make cash deposits?

Wachovia Bank Supervisor: No he didn't.

Q. Who did you see making the normal cash deposits into those accounts?

Wachovia Bank Supervisor: I saw at least 2 young ladies.

Q. How often during a week or month did you witness these women of Mr. York's organization make cash deposits in your bank branch?

Wachovia Bank Supervisor: At least once a week.

Q. And while there making bank deposits, how would they behave?

Wachovia Bank SupervisorIn the beginning they were fine, but at some point their behavior changed.

Q. What caused a change in their behavior 

Wachovia Bank Supervisor: At one point we had to get identification to fill out a certain report called a currency transaction report, and one of the young ladies refused to give her identification and we had an altercation as a result?

Q. Why were you requesting personal information from her in order to fill out that report?

Wachovia Bank SupervisorBecause whoever is conducting the transaction, we would need their identification to put on that report, it's needed for all government records. It's a report that we fill out if a company or individual deposits a large sum of cash over $10,000 and 1 cent.

Q. Let's establish for the records that the young women making the deposits were the defendant followers. Did you witness women that resembled the women who came with Mr. York when he opened the account at your bank to make cash deposits in 1998?

Wachovia Bank Supervisor: Yes.

Q. Did you see these women that looked like those who came with Mr. York that same year?

Wachovia Bank Supervisor: Yes.

Q. Did they come into your bank to make cash deposits?

Wachovia Bank Supervisor:  Yes.

Q. During 2000, did those same women come to your bank on a regular basis?

Wachovia Bank Supervisor: Yes, and each time they came in, the teller would ask them for ID, and they would refuse to, so we would still fill out the currency transaction report, making a note of suspicious activity, and that the customer refuses to give ID.

Q. What constitutes a suspicious activity report?

Wachovia Bank Supervisor: It's when any person or organization that deposits a large sum of money over $10,000 and 1 cent or if they're trying to make separate deposits to what we call a "fly under the radar", we would report those as suspicious activity, we report that as something the customer or the organization is trying to hide from the government, and we are required by law to fill out those reports.

Q.What is fly under the radar?

Wachovia Bank Supervisor: It's when a customer will make a deposit into one account for $9,000, then in another account for $1,000, slightly under to not look suspicious as if they were trying to hide money or not report certain amounts to the IRS or U.S. Government.

Q. Is there a financial crime associated with that type of conduct?

Wachovia Bank SupervisorYes, I'm not sure of the legal term, "Cash Structuring", it's on the line of tax evasion because if they're not reporting it to the bank, then it's not being reported to the IRS.

Q. Were there times when Mr. York's followers came in to make cash deposits in the account of the Holy Tabernacle Store?

Wachovia Bank Supervisor: Yes.

Q. Do you recognized exhibit #80?

Wachovia Bank Supervisor: Yes, it's a deposit slip for Holy Tabernacle Store.

Q. How are you able to determine that cash was deposited on a date?

Wachovia Bank Supervisor: Yes, in two ways, if you look at the deposit slip, there's a box that says, currency and an amount for $7,562, it's hand written, then next to the line on the bottom there's, "C-I" which stands for "Cash In" with the amount of $7,562.

Q. Now look at exhibit #81, again this is Holy Tabernacle Store on the date of September 30th, 1999 which is the next day, can you tell that there was a cash deposit on that date?

Wachovia Bank Supervisor: Yes, it's in the amount of $110.00

Q. How can you tell?

Wachovia Bank SupervisorOn the top where it's it says currency, there's a check beside the amount of $110.00, and the bottom line, C-I (cash in) $110.00

Q. The next one exhibit #82, is on the same date, September 30th, 1999?

Wachovia Bank Supervisor: Yes, cash in the amount of $8,300, there's a check mark next to (cash in) $8,300 and also the letters, (C-I) indicating, (cash in) $8,300.

Q. So for the dates of September 29th and 30th, 1999 there's a deposit in excess of this same account over $10,000 being $15,972?

Wachovia Bank Supervisor: Yes.

Q. Exhibit #83?

Wachovia Bank Supervisor: This too is a deposit slip for the Holy Tabernacle Store for October 6th, 1999 in the amount of $4,833 and the same (cash in) and (C-I) $4,833.

Q. Now exhibit #84

Wachovia Bank SupervisorThat's Holy Tabernacle Store, for the date of October 8th, 1999, a cash deposit in the amount of $4,000, using the same process, next to currency at the top of the deposit slip, $4,000 and near the bottom (C-I) for (cash in) $4,000.

Q. This is exhibit #85, is this a deposit made on the same date?

Wachovia Bank SupervisorYes, it's cash for $2,803, we know this from the top currency line, $2,803, and at the bottom (C-I) cash in, $2,803.

Q. So we see that over the course of two days, October 6th, through October 8th, of 1999, there's again a deposit into that Holy Tabernacle Ministries account in excess of $10,000 and a penny, totaling, $11,636?

Wachovia Bank SupervisorYes.

Q. Look at exhibit #86 now, the date is April 5th, 2000, what's the cash amount deposited?

Wachovia Bank SupervisorThe Holy Tabernacle Store account in the amount of $8,876, under currency at the top, $8,876, and near the bottom, (C-I) for cash in, $8,876.

Q. And finally, let's see exhibit #87, is this six days later on April 11, 2000?

Wachovia Bank Supervisor: Yes, cash deposited to the Holy Tabernacle Store account in the amount of $7,805, we know this because next to currency is also circled by the teller, 7,805, and at the very bottom, (C-I) for cash in $7,805.

So within a week, there again have a deposit in excess of 10,000, this being, $16,681?

Wachovia Bank Supervisor: Yes, for this particular account.

Q. For the benefit of the jury and for clarity, these are not the only deposits for which suspicious activity reports were filed?

Wachovia Bank Supervisor: No, there are more.

 

 

 

With the Holy Tabernacle Ministries bank account, York, the New York conman violated the law in a cash structuring racket, which gave him more years in addition to transporting minors across state lines for the purpose of having sexual intercourse. Now we see why he said,

"I do not live under your law, I am not a student enrolled under Earth principles, I don’t have the morals you have, your idea of morals is different...I come from a world where we don’t have your laws, and the way we go about things is different... "

-Does God Exist According To Our Time? (audio)