Are Cuellars Actions Covered by the Bulk Cash Smuggling Statute?
Cuellar urges that the act of concealing large quantities of money during transport without attempting to create the appearance of legitimate wealth is an offense punishable under the bulk cash smuggling statute, 31 U.S.C. 5332. Brief for Petitionerat 32. Cuellar argues that Congress enacted section 5332 specifically to address the crime of attempting to transport large quantities of money across U.S. borders without reporting. Id. at 34-35. According to Cuellar, bulk cash smuggling characterizes his actions better than money laundering. Id. The United States responds that the bulk cash smuggling statute does not apply to Cuellar. Brief for Respondent at 36. The United States defends that it would be difficult to prove that Cuellar was aware of section 5332’s currency reporting requirement. Id. The United States maintains that the bulk cash smuggling statute is too lenient because Cuellar knew that the funds he was transporting were obtained from illegal activity. Id. at 37.
