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Cash Gifting Legal Considerations

John Valente Says...

Richard, first let me say that I do not participate in cash gifting, but I'm fascinated by the debate.

What sparked my interest was the fact that many of my clients are cash gifters and I've seen several programs and started seeing the controversy.

I've started doing some research as to what exactly is illegal about cash gifting and seeing if anyone can point to a specific law that defines cash gifting and how it's punishable.

I was also curious to find if the cash gifting activity has gone the way of MLM in its fledgling years.

As you may recall, MLM saw a lot of grief in its early stages because many programs were not operating within the law. They learned their lessons and now MLM is a viable and popular business model.

Even though many people don't like it and to this day whine about it being a "scam" and such, it's legal and in many cases respectable.

So, with that, I wonder why I can't find any cash gifting prosecutions since 2002?

Is it because the people who are running the larger, more "reputable" outfits have learned the lessons of those in the past and are now operating within the law?

I can tell you that it is NOT because "the authorities don't have the time and resources to go after them all".

That's just nonsense.

The bigger outfits are easily found online and would be an easy target and less than a day's work to shut down.

Consider the fight against drugs.

Are the authorities going to waste their time on the users or the dealers?

Why, the dealers of course.

Bring down the dealers, and you remove the supply for the users.

The bigger the dealer you remove, the more users you restrict from using.

Again, if the authorities wanted to shut down cash gifting, all they would have to do is organize a one week raid (heck it could be done in one day for that matter) and hit less than a 1/2 dozen online cash gifting organizers as well as shut down their ISPs (that could be done in a day).

Living in California and working in the legal field (specifics intentionally withheld), I've read the California Penal Code sections 327 and 484 and they simply don't apply to today's cash gifting activities.

You also claim that "any business without a product is illegal".

This only shows that you don't put much thought into your arguments.

One, "services" are businesses without a product.

If I provide you with counselling, I have given you an intangible service, not a product.

Of course, this is only to make a point and I am not saying that gifting is a service.

However, perhaps one of their legal issues of the past was calling it a "business" and is no longer doing so. Most call it an "activity" thereby operating within the law. Symantics?

Perhaps.

But if you want to participate in something, no matter what it is, you have to operate within the law.

For example, as I've mentioned, many of my clients are cash gifters.

I create $5, 10, 20, and 100 dollar bill business cards that look very much like real US Currency.

Now, if I don't adhere to specific guidelines when I print our business cards, I could be prosecuted for counterfeiting.

But I know what those guidelines are and I now operate a very successful business, legally.

Best Regards,

John
www.DollarCardMarketing.com

Posted August 1 2008 at 3:17 PM

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Richard, First Let Me Say That I Do Not Participate In Cash Gifting, But I'm Fascinated By The Debate. What Sparked My Interest... John Valente 08/01/2008
I Have Been Cash Gifting Five Years, It Has Been No Problems I Am All Over Online And Receive Over 5 Figures Weekly.... It Is... Randy From Retirewithrandy.com 06/22/2010