United States V. Bencs

CHARLES W. JOINER, Senior District Judge. Ronald Bencs was charged with conspiring to defraud the United States, evading income tax, money laundering, and structuring financial transactions to avoid cash reporting requirements applicable to transactions in excess of $10,000. The government claimed generally that Bencs was involved in a large marijuana selling business, and attempted to shelter his drug profits from taxes and hide them from detection. The jury convicted on all counts, and Bencs appeals all but his conspiracy conviction, raising numerous claims of error. We conclude that the structuring charges (counts 16 and 17) were submitted to the jury under erroneous instructions, and reverse those convictions and remand for a new trial. In all other respects we affirm.