Calculation of Customs penalties for 1592 violations

In a previous article we provided a general overview of U.S. Customs and Border Protection penalties for violations of 19 USC § 1592, and therefore we now address the potential cost of a penalty in terms of dollar amounts and how those amounts are calculated.

In addition to the required payment of any unpaid or underpaid duties (i.e., taxes or tariffs) as a result of a violation of § 1592, a violator will also be responsible for a penalty, which serves  the purpose of deterrence and, to a lesser extent, acts as compensation for the costs of enforcement. § 1592(c). Get ready for the bad news. The penalty amounts range depending, first and foremost, on the level of culpability, as follows:

  • Negligence: Twice (2x) the loss of duties, taxes, and fees or the domestic value of the goods, whichever is less; or, if the violation caused no duty loss then 20% of the dutiable value;
  • Gross Negligence: Four times (4x) the loss of duties,  taxes, and fees or the domestic value of the goods, whichever is less; or, if the violation caused no duty loss then 40% of the dutiable value of the goods;
  • Fraud: An amount not greater than domestic value (1x) of the goods.

Customs can set the penalty anywhere it determines appropriate, but the penalty cannot exceed the maximum amount above for any degree of culpability.

Now get ready for the worse news: Customs can increase a penalty, so long as it does not Frustated Executiveexceed the legal maximum, when it finds the presence of aggravating factors, such as:

  • Obstructing an investigation or audit;
  • Withholding evidence;
  • Providing misleading information;
  • Prior violations;
  • Illegal transshipment such that the country of origin has been falsified;
  • Evidence of a motive to admit inadmissible merchandise;
  • Failure to comply with a demand for records or a summons;

But, there is some good news in the midst of all the bad. Even when aggravating factors are present, these penalties can be reduced by Customs when it finds the presence of  mitigating factors, which include:

  • Contributory customs error, such as receiving misleading or wrong advice from Customs;
  • Cooperating with Customs in an extraordinary fashion, beyond that normally for a penalty action;
  • Taking immediate corrective actions, such as hiring an attorney, payment of the actual loss of duty prior the penalty notice, correction of organization or procedural defects, instituting a compliance program, etc.;
  • Inexperience in importing;
  • Prior good record of importations;
  • Inability to pay, as shown by tax return and financial statements;
  • Customs knew of violations, but failed to inform the violator without justification, and there is no criminal investigation.

These above-listed factors are identified by Customs as mitigating factors at the administrative level (that is, when Customs is deciding the penalty amount). Of course, if you disagree with the final decision on the penalty amount from  Customs you will have the right to have a Court decide the matter. The court determines the penalties according to its own set of considerations (which will be the subject of future articles).

If you are issued a pre-penalty notice, penalty notice, or even if you are in the midst of a penalty case with Customs or before the Court of International Trade, you really should have the benefit of an attorney experienced in the customs laws. Beyond the mere arguing for and against the imposition of a penalty, or the presence and absence of aggravating and mitigating factors, there are technical arguments as well as large and well-developed body of case law about when penalties are allowed, and what amount is appropriate. You may have a complete defense to the imposition of penalties. If you are in such a situation, please make use of our experience and contact us today by calling (734) 855-4999 orby filling out our contact form.

 

Customs penalties for fraud, negligence, and gross negligence under 19 USC § 1592

U.S. Customs & Border Protection (“Customs”) enforces its laws through the imposition of fines, penalties, and forfeitures. This article looks specifically at penalties imposed by Customs under 19 USC § 1592, which is the penalty statute for commercial fraud and negligence.

In essence, § 1592 is a law that penalizes any person that does or attempts to enter or introduce merchandise into the United States by means of any 1) material omission or 2) material and false document, written or oral statement, or act that has the potential to alter the classification, appraisement, or admissibility of merchandise. § 1592(a)(1)(A). It is also a violation to aid or abet anyone in violating this law. § 1592(a)(1)(B) This law is violated even if the government does not lose duties or other revenue.

Customs Penalty - Penalty Flag

Penalties can be assessed at three different levels of culpability, with more severe penalties for offenses committed with greater culpability. These levels of culpability are:

  • Negligence: defined by Customs as failure to exercise reasonable care;
  • Gross Negligence: defined by Customs as “actual knowledge or wanton disregard”; and,
  • Fraud: defined by Customs as “voluntarily and intentionally.”

For an alleged violation of § 1592,  Customs may issue a penalty on (sometimes on form 5955A) against the violator — which may be any person or people involved, including the importer of record, an employee, agent, consignee, etc. You are not immune just because a corporation, limited liability company, or someone else is the importer of record.

Before Customs issues the penalty, however, they must first issue a pre-penalty notice that typically gives the alleged violator 30 days to respond and provide reasons why they should not be penalized. § 1592(b)(1). Although somewhat rare, Customs can then decide against penalty; however, in most circumstances Customs goes forward and issues penalty notice to the alleged violator. If your company receives a pre-penalty notice Customs may still, in the future, go after certain individuals without issuing another pre-penalty notice to them. This often catches people by surprise and some will ignore a penalty notice thinking it will not be applied to them personally, but such is not the case.

If you or your company receives a pre-penalty or penalty notice it should be taken very seriously. Typically, a penalty notice requires a response within 60 days by either paying the alleged penalty, or as we typically recommend to clients, by making an offer in compromise or filing a petition for remission and/or mitigation. These responses – responses to both pre-penalty notices and penalty notices – should be drafted by an attorney experienced in the customs laws and should argue, where the facts and law allow, against imposition of a penalty or reduction in the level of culpability, along with a request to make an oral presentation to Customs.

After Customs first decision on any petition, there is an additional opportunity to file a second or supplemental petitions to argue for a more favorable decision. If you are faced with a penalty, or have recently discovered violations of  § 1592 and are considering a prior disclosure to avoid harsh penalties then please contact our office immediately by filling out our contact form or by calling (734) 855-499 and speaking with a customs lawyer directly.

CBP seizes $460,060 in unreported currency

The Laredo Sun reports on a recent currency seizure by U.S. Customs and Border Protection in Laredo, Texas, from a 31 year U.S. citizen from Chicago who was transporting $460,060  as he attempted to drive across the border to Mexico. Something tipped the officers off as he left the U.S., and they pulled him and his vehicle aside for a secondary inspection to verify the amount of money being transported.

The money was apparently concealed in various parts of his vehicle. I can only imagine how long it took them to count it all out and the condition of the truck. If this individual is not prosecuted by the government for criminal violations, he faces the  potentially difficult task of proving a legitimate source and legitimate intended use of the money (not to mention fitting all the plastic interior trim pieces back like new).

car_crossingIn this case, we could give the man the benefit of the doubt and presume the legitimate source is the proceeds of a life insurance policy of a beloved family member; and the intended use, perhaps he was paying cash for a nice place on the Riveria Maya. That’s just my guess, and yes, I have handled stranger cases.

If we assume he proves these two things, then this situation is regrettable for him and completely avoidable. But now, even if criminal charges are ultimately not filed or if he is ultimately found not guilty of a crime, he will still face civil forfeiture of the money and, if he wants it back, will have to fight for its return administratively, or in the courts.

This news story gets a lot of things right about the currency seizure process because they note you can petition for the return of the currency and that the person transporting the unreported currency is subject to arrest for criminal violations.

That brings me to the next point:

If you have had currency seized from Customs, do not go it alone. Get the advice of an attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring a lawyer who doesn’t regularly handle these cases.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today (you can read our popular page on Responding to a Customs Money Seizure HERE).If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles customs currency seizures:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

Customs seizes $25,000 currency in El Paso, Texas

The El Paso Times reports on a recent currency seizure by U.S. Customs and Border Protection in El Paso, Texas, from a woman who was carrying $25,000  as she attempted to walk into Mexico. They found three bundles of currency in her purse, all unreported.

This article gives me the opportunity to provide some additional insight for my readers: every time currency is seized Customs asks the moneyrolldistrict attorney’s office if they want to prosecute. I do not have access to the actual numbers, but from my experience in the vast majority of currency seizures there is no criminal prosecution. But as this article shows, that is not always the case.

In this instance, the district attorney decided to prosecute and the woman is being held without bond and facing criminal charges. If it
turns out the money was from legitimate source and she had a legitimate intended use, this situation was completely avoidable. But now, even if criminal charges are ultimately not filed or if she is ultimately found not guilty of a crime, she will still face civil forfeiture of the money and, if she wants it back, will have to fight for its return administratively, or in the courts.

If you have had currency seized from Customs you should seek the advice of an attorney. If you do not do so, you might only make the situation worse by trying to handle it on your own. Please make use of the various articles I have made available to the public to help better understand your situation and the procedures involved, but do not let them replace the advice of attorney who is familiar with the law and your particular circumstances.

Responding to a Customs currency seizure

If you have had cash seized by customs and are contemplating what to do next, please inform yourself on the process by reading this article and then contact our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

What documents should I have gotten and what will I get?

At the time of a currency seizure, Customs probably gave you a “Custody Receipt for Seized Property and Evidence” form (6051S), which will have some different numbers at the top, including an FPF No. so that your case can be tracked at Fines, Penalties and Forfeitures office (“FP&F”) of Customs. This form should show what exactly was seized, the name of the seizing officer, and Customs’ contact information — usually for the local FP&F branch of Customs. FP&F should then send by certified mail a formal written notice of seizure (“CAFRA Seizure Notice” or “CAFRA Notice”). You should get it within a few days as long as Customs has your correct address, which they may have asked for during your initial detention at the border or port. You will have 30 days from the date on the letter (not the date the letter is received) to respond.
10kWe do not recommend contacting Customs by yourself until you have at least spoken to an attorney. Any statements you make to Customs, whether while you are being detained or by telephone, can be used against you. You may be panicked and say something that is misinterpreted by Customs as an admission of wrongdoing, or might make them suspect you are involved in something illegal. That will make it harder to get your money back. Therefore, we recommend contacting an attorney with experience in customs seizures immediately after receiving the CAFRA Notice. In any event, if you have not received this notice within 7 days of the seizure you should contact an attorney so they can request a copy of the notice of seizure for you, make sure that a timely response is made, or an extension of time to respond is requested and granted. This will help you make sure you preserve all your rights and options and improves your chances of  successfully getting all or most of your money back.

CAFRA Notice of Seizure & Election of Proceedings

CAFRA stands for “Civil Asset Forfeiture Reform Act” and is, in our practice, the law that most of my client’s currency seizures fall under. After you’ve been detained and released, the CAFRA Notice you receive will have a basic explanation of the facts surrounding the seizure, including: the date and place of seizure, surrounding circumstances, and the facts Customs’ alleges are the basis for the seizure. The CAFRA Notice is a formal document, and should be treated and responded to as such. How and when you respond to the CAFRA Seizure Notice will determine the outcome of your currency seizure case!

What are my options for getting my seized currency back from customs?

The CAFRA Notice will also cite the applicable laws, including failure to report, bulk cash smuggling, or a currency structuring violation to evade the reporting requirement, among others. It will also list your options to respond to the CAFRA Notice, which include:

  • Filing a Petition for Remission or Mitigation (including the right to file a Supplemental Petition after decision on the first Petition)
  • Pay the Full, Appraised Domestic Value of Seized Property
  • File an Offer in Compromise
  • Abandon the Property
  • Institute Judicial Proceedings
  • Do Nothing

The details of these options are explained in the CAFRA Notice, and Customs will include and ask you to complete and return what is called an “Election of Proceedings” form. This form will require you to select one of the above options. The advice we give to our currency seizure clients varies with the circumstances of each seizure case. Do not decide how to respond to a CAFRA Notice without first consulting an attorney. There may be times when a Judicial Proceedings make more sense than filing a Petition, and a qualified attorney can help you weigh those options and make that decision. Any mistake or error in judgment you make can cost you dearly. The majority of the time, however, I do recommend my client’s to file a Petition for Remission or Mitigation as the best option. The Petition, when filed by our office, is a legal memorandum that contains detailed factual narrative with our client’s side of the story, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the seizure. When the facts allow for it, my Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

How can I find out more or hire a law firm to help with my customs currency seizure?

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Customs’ seizes T-Rex skull in Jackson, Wyoming as part of ongoing investigation

According to this news report, and this one, Customs in Jackson, Wyoming, exercised a federal warrant to seize the skull of a Tarbosaurus from someone’s home. The story draws a parallel to another recent news item about the importation of dinosaur bones:

Federal officials recently seized a nearly complete Tarbosaurus skeleton that was sold at auction and arrested a Florida man for illegally importing dinosaur fossils.

A U.S. attorney for the president of Mongolia says that country welcomes the increased awareness for the illegal trade of Mongolian fossils.

Local 8 news.

According to the limited information in the News & Guide article, the fossil was seized for  failure to provide proper documentation that the export was done in compliance with the law.

That article also references a similar case involving a dinosaur skeleton in New York and Florida, and I would also draw the reader’s attention to the story I blogged about a few months ago in Detroit where seized fossils went unclaimed and were thereafter donated to the University of Michigan.

Maybe instead of devoting so much of my blogging lately to avoid having your currency seized I need to start focusing on avoiding having your fossils seized…

Structuring currency imports and exports

The law concerning reporting transportation of more than $10,000 in currency and/or monetary instruments coming into or out of the United States is clear; any amount more than $10,000 must be reported. So what about two or more of transactions of $10,000 or less?

It is illegal to structure an importation or exportation in order to avoid filing the required report under 31 USC § 5324(c)(3). For example, if a person wanted to transport $25,000 from the U.S. to Brazil, it is illegal to divide the money into smaller sums and export those smaller sums on the same or different occasions to avoid filing a report. It does not matter if the money is divided and given to a  person on the same flight (or same car, bus, boat, etc.), or if it’s done days, weeks, months, or years apart if done to avoid having to file a report — structuring the transaction to avoid filing the report is illegal and carries serious civil and/or criminal consequences. It does not matter if you have other reasons for structuring the transaction, so long as one of those reasons to is to avoid having to file a report your structuring of the transaction is illegal.

On the other hand, dividing the money for any reason other than evading the reporting requirement is legal. However, my typical cautionary disclaimer applies: you still have to prove it and convince Customs that your intent was not to avoid filing a report, and hope that your evidence is strong enough to get your money back (remember, Customs will have seized it pursuant to 31 USC § 5317).

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Seizure for bulk cash smuggling into or out of the U.S.

Many posts in this series have dealt with how and why Customs will seize currency and monetary instruments crossing the border for a violation of 31 USC 5316, which is a failure to report. Customs is also empowered to seize cash or its equivalent smuggled into or out of the United States under 31 USC 5332(c) in addition to seizure for failure to file a report.

At its core, the law against bulk cash smuggling prohibits (1) the concealment of currency or monetary instruments, with (2) an intention to evade the reporting requirement, during the (3) knowing transport, transfer, or attempted transport or transfer, of the currency or monetary instruments out of or into the U.S. 31 USC 5332(a)(1).

Concealment can be done on your person, including  in clothing, a conveyance (e.g., a vehicle), in luggage, in a backpack, with or in merchandise, or any other container, whether it is worn or carried by the person transporting, transferring, or attempting to transport or transfer the currency or monetary instruments. 31 USC 5332(a)(2).

This law allows Customs to seize and forfeit through a civil proceeding “[a]ny property” including the container, conveyance, luggage or clothing, “involved in a violation . . . or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy[.]” 31 USC 5332(c). This means that not only will Customs seizue the currency or monetary instruments, but in some cases also the luggage, backpack, merchandise, or conveyance in which it was concealed. The law also provides for penalties for a criminal conviction of not more than 5 years, among other sanctions. 31 USC 5332(b).

Each of the 3 elements above have a legal definition too detailed for an article this short, but suffice it to say that the terms “knowing” and “intentional” do not have the common, everyday definitions you might expect. If you are not a lawyer or don’t mind losing more than $10,000 do not try to be clever and figure it out.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Is only cash currency subject to seizure by Customs?

Sometimes the failure to file the required report with Customs leading to a currency seizure arises because there is a mistaken assumption that only currency, or only U.S. currency, needs to be reported. This is wrong.

The reporting requirement applies to all monetary instruments. This is a legal term, defined in at least two places. First, 31 USC 5312 defines them, in relevant part, as:

(A) United States coins and currency;

(B) [ . . .] coins and currency of a foreign country, travelers’ checks, bearer negotiable instruments, bearer investment securities, bearer securities, stock on which title is passed on delivery, and similar material; and

The Federal Regulations, namely 31 CFR 1010.100(dd), provides a more detailed definition
as to what is included in the definition of  monetary instrument, including:

(i) Currency;

(ii) Traveler’s checks in any form;

(iii) All negotiable instruments (including personal checks, business checks, official bank checks, cashier’s checks, third-party checks, promissory notes (as that term is defined in the Uniform Commercial Code), and money orders) that are either in bearer form, endorsed without restriction, made out to a fictitious payee (for the purposes of §1010.340), or otherwise in such form that title thereto passes upon delivery;

(iv) Incomplete instruments (including personal checks, business checks, official bank checks, cashier’s checks, third-party checks, promissory notes (as that term is defined in the Uniform Commercial Code), and money orders) signed but with the payee’s name omitted; and

(v) Securities or stock in bearer form or otherwise in such form that title thereto passes upon delivery.

(2) Monetary instruments do not include warehouse receipts or bills of lading.

It is noteworthy that the statute says it includes the foregoing, with the implication that just because a type of monetary instrument is not listed will not, by necessity, mean that is excluded from the reporting requirement.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Criminal & civil penalties for monetary instrument reporting violations

Although it may also be applicable to other aspects law on records and reports of monetary transactions, this question and answer article is designed to answer frequently asked rudimentary questions about currency seizures that occur at the U.S. border for failing to report monetary instruments in excess of $10,000. It should be understood in the context of the other series of articles written on this topic and made available on this site.

Is failing to report transportation of more than $10,000 in monetary instruments a crime?

In short, yes. There are criminal and civil penalties for violations, but not all persons are charged with criminal violations. You can be charged with one or the other, or both civil and criminal violations, as well as forfeiture of your monetary instruments.

What are the criminal penalties?

Failing to make a report or omitting or misstating a material fact in a report potentially brings with it criminal penalties. That includes, depending on the severity of the violation, a fine ranging from $250,000 to $500,000 and/or imprisonment from five to ten years.

What are the civil penalties?

Failing to make a report or omitting or misstating a material fact in a report brings with it civil penalty not “more than the amount of the monetary instrument for which the report was required.” Any civil penalty assessed for a violation of failing to report currency at the border is reduced by the amount of money that was forfeited.

What about structuring a transaction to avoid filing a report?

Structuring a transaction to avoid filing the required report is illegal. The relevant law makes it illegal, when importing or exporting more than $10,000 in monetary instruments,  to:

(1) fail to file a report . . . , or cause or attempt to cause a person to fail to file such a report;
(2) file or cause or attempt to cause a person to file a report required . . . that contains a material omission or misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure or assist in structuring, any importation or exportation of monetary instruments.

If you do any of the immediately above, you will be be fined and/or imprisoned for no more 5 years. There are additional, higher penalties when done as “a pattern of any illegal activity involving more than $100,000 in a 12-month period.

In addition to the criminal penalties for a structured transaction violation, there are also civil penalties. 31 USC 5321. The amount of the civil penalty will not be greater than the amount involved in the transaction, and that amount shall be reduced by the amount of any monetary instruments forfeited.

Will the civil penalty stay on my record?

If you are not criminally charged it is not something that will be on your criminal record.  Customs, however, will always have a record when you cross the border that you were transporting currency and failed to file a report. This will, in all likelihood, mean that you will at some point while crossing the border be questioned about whether or not you have currency or have your baggage examined. There is nothing that can be done to avoid that.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?