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Accused of Structuring? Here's What You Need to Know
You may have made a series of deposits or withdrawals without thinking twice. Now you’re hearing terms like structuring or smurfing, and suddenly you’re under federal investigation.
You’re not alone—and you’re not without options. These charges are serious, but they are also defensible. The government may treat you like a criminal. But you deserve a defense.
Let’s break down what structuring means and why federal authorities pursue it so aggressively.
What Is Structuring?
Structuring happens when someone breaks up a large financial transaction into smaller ones—usually to avoid triggering a bank’s reporting requirements. In many cases, the accused had no intention of committing a crime. But that doesn’t stop federal prosecutors from filing charges.
If you made multiple deposits under $10,000, spread them across branches, or withdrew cash in a pattern that seems unusual—your bank may have flagged it. Even if there was no criminal intent.
What the Law Says
Under the Bank Secrecy Act (BSA), banks must report transactions over a certain threshold—typically $10,000. Structuring is considered a way of intentionally avoiding that requirement.
That means federal charges can be filed even if you didn’t know the rule, and even if the money was entirely legal. Ignorance doesn’t prevent prosecution—but it can shape the defense.
How Structuring Gets Detected
Banks and federal agencies don’t need much to start building a case. Common triggers include:
Deposits just under the reporting limit
Using different branches for each deposit
Transactions that don’t match your income or business pattern
Federal systems use software to flag these behaviors automatically. Once you're in the system, it can escalate quickly—from a bank report to a full-blown federal investigation.
The Role of Smurfing in Structuring Cases
What Is Smurfing?
Smurfing refers to using multiple people to make deposits or move money in smaller amounts, trying to stay below the radar. You might be accused of smurfing even if you didn’t realize what others were doing in your name.
These tactics are often associated with more serious crimes like drug trafficking or money laundering. But innocent people get caught in the net, too.
Why Federal Authorities Care
Smurfing complicates investigations. It clogs the system and frustrates regulators trying to track financial activity. That’s why prosecutors often push hard on these cases—even if the amount involved was modest.
If you’ve been tied to smurfing, prosecutors may assume the worst. Your defense needs to show the full picture—and push back on assumptions.
What to Expect If You’re Charged
The Charges You Might Face
A structuring investigation can quickly lead to a long list of federal charges:
Structuring financial transactions
Money laundering
Fraud
Conspiracy
Even if the intent wasn’t criminal, the government may treat your actions as part of a larger scheme. And once they file charges, they rarely back down without a fight.
The Stakes Are High
A conviction can result in:
Federal prison time
Seizure of assets
Major fines
Damage to your business or reputation
Even if you avoid prison, the long-term consequences can follow you for years. That’s why early legal representation is critical.
Structuring Cases Are Defensible
What the Government Has to Prove
To win in court, prosecutors must prove you intentionally tried to avoid reporting requirements. That’s not always easy—especially if your transactions had a legitimate purpose.
Your defense can focus on context, intent, and disproving any assumption of wrongdoing. You have the right to defend yourself—and your freedom.
Federal Sentencing Isn’t One-Size-Fits-All
Federal courts consider intent, prior criminal history, and cooperation with authorities. That gives your attorney opportunities to argue for reduced charges, probation, or even dismissal—depending on the facts.
With the right strategy, even serious federal charges can be challenged or reduced.
How We Can Help
If you’ve been contacted by investigators or charged with structuring, do not talk to authorities without a lawyer. These cases are complex and can spiral quickly.
At the Law Office of Patrick J. McLain, PLLC, we defend people facing white collar and financial crime allegations. We know how federal prosecutors build these cases—and how to dismantle them.
Don’t let one accusation derail your future. Call (214) 238-9392 today to get a criminal defense team on your side. Your rights, freedom, and reputation are worth protecting.