Kenneth Rijock

Kenneth Rijock

Monday, July 13, 2015

SENTENCES FOR BULK CASH SMUGGLING THAT DO NOT INCLUDE PRISON TIME ARE NOT A DETERRENT


A Mexican national, already on probation for an earlier bulk cash smuggling conviction, was again detained, when he attempted to smuggle over $200,000 out of the United States. I simply cannot understand how our Federal judiciary can think that sentences of probation deter anyone from bulk cash smuggling. What was the sentencing judge thinking here ?

In another case, the US Attorney agreed to dismiss multiple counts of bulk cash smuggling, and allow the defendant to plead guilty to Misprison of Felony*, and serve only 13 months. Is this a misguided attempt at rehabilitation of offenders? for they generally go right back to bulk cash smuggling. The joke is on the United States, which must often arrest and convict the same smugglers again & again.

Making back room deals with bulk cash smugglers, in the hope that they will lead US law enforcement agencies back to the Mexican cartel boss who oversees their action, is not only ineffective, it is a bad joke on the American people, who deserve better. No more coddling of career cash couriers, please, your honors.
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* One of the most obscure, and seldom charged, Federal felonies, the elements are:
(1) A felony was committed and completed by another.
(2) The defendant had knowledge of the crime.
(3) The defendant failed to notify the authorities.
(4) The defendant took affirmative steps to conceal the crime.

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