United States v. Fitzgibbon

576 F.2d 279 (1978)

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United States v. Fitzgibbon

United States Court of Appeals for the Tenth Circuit
576 F.2d 279 (1978)

Facts

Kenneth Fitzgibbon (defendant) flew into the United States from Canada. Upon his arrival in the United States, Fitzgibbon stated (on a form and in an oral response to a question) that he was not transporting more than $5,000 in United States dollars. However, a search revealed that Fitzgibbons had lied and, in fact, transported approximately $9,000 in Canadian dollars, which was worth slightly more in United States dollars. Fitzgibbon attempted to explain his lies by stating that he was trying to avoid a problem with the Internal Revenue Service because approximately $5,400 of the money was meant for payment to an attorney in New Jersey. The United States charged Fitzgibbon with violating the Bank Secrecy Act. After his conviction, Fitzgibbon appealed, arguing that the act as applied to him violated the First, Fourth, and Fifth Amendments.

Rule of Law

Issue

Holding and Reasoning (Logan, J.)

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