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3 years, petitioner told the special agents that he had spent the
cash and mentioned Phillips for the first time.
Mrs. Kosinski, who had worked previously as a teller at two
different banks, admitted to withdrawing personally nearly
$3 million in $9,500 cash increments on behalf of her husband
from 1995 through 1999, nearly $1 million of which was withdrawn
in 1997 alone. Although she testified in her criminal proceeding
that she made hundreds of $9,500 withdrawals so that the bank
would not have to fill out Federal reports for cash transactions
over $10,000, Mrs. Kosinski testified in this case that she did
not know and never inquired about her husband’s purpose in
withdrawing the cash, why the money was withdrawn in $9,500
increments, or what her husband did with the money once she gave
it to him. Mrs. Kosinski also testified that she did not know
that her husband was making substantial cash payments to
Phillips; yet she also testified that on one occasion she left a
$10,000 check payable to cash under a doormat for Phillips at her
husband’s direction. Not only did petitioners both participate
in structuring substantial cash transactions, they both gave
inconsistent and implausible testimony regarding that issue.
Evidence of fraud in this case also includes the substantial
number of structured cash transactions outlined above in which
petitioners regularly engaged over several years. Petitioners
purposefully made withdrawals just below the threshold at which
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