Category: customs cash seizure

$211k Cash Seized by CBP laid out on a table in stacks

$211k Cash Seized by Nogales CBP

CBP has been busy seizing cash across the country, and that is the reason my customs law blogging activity has slowed down in recent weeks. For the many readers of this blog who like these posts, I apologize. I’ll be trying to return to more frequent blogging in the next week or so.

It seems CBP has also been too busy to make many news releases about the seizure activity, too. But, today, we have word of a pretty huge seizure of $211,000 in cash being seized from a Mexican national while leaving the United States.

From the story below, it was more than just a seizure for a failure to report — but also for bulk cash smuggling. Here is the story, with scant details, but with a picture:

Customs and Border Protection officers at the Mariposa crossing in Nogales, Arizona, arrested a Mexican national Friday for attempting to transport almost $211,000 in unreported U.S. currency.

Officers conducting routine outbound inspections referred a 45-year-old man from Nogales, Sonora, Mexico, for an inspection of his Chevrolet truck and found the currency in the vehicle’s dashboard.

Officers seized the vehicle and currency, and turned the subject over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

 

Money hidden in a traveler's bag that was not reported is photographed by CBP after seizure.

CBP Seizes $86,000 Smuggled in Houston

CBP announced the seizure of around $86,000 in cash from a man in Houston. The seizure took place on December 7, and, sounds like a very unfortunate incident for the man whose cash was seized. In this case, he is a Peruvian national and it sounds like he was only in the United States for a layover on his trip from Japan.

While at the Bush Intercontinental Airport, he went through Customs (presumably to do some more duty-free shopping) when he was taken for a secondary inspection to pay taxes on some cigarettes. For whatever reason, CBP supposedly explained the currency reporting requirement to him and he declared only $4,000.

Apparently, he had keys to some other luggage on his person. CBP located the luggage that those keys belonged to and inspected it, and lo and behold, discovered $86,000 hidden within 8 packages of photo paper. A picture of that concealment is included. Here’s the story:

HOUSTON— U.S. Customs and Border Protection officers at Bush Intercontinental Airport (IAH) seized over $86,000 from a traveler en route to Peru.

A Peruvian national, arriving from Japan, was referred to secondary for duty collection on cigarettes.  CBP officers explained the currency reporting requirements and the traveler declared $4,000, Dec. 7.

A baggage exam revealed keys to additional luggage, which the traveler claimed were in Peru.  The luggage was located and inspected, at which time CBP officers discovered $100 bills lined within eight packages of photo paper totaling $80,000. An envelope containing over $2,400 was also discovered.  In total, CBP seized more than $86,000.

“Travelers have no limit to the amount of currency they can bring into or take out of the U.S.; however, they are required by U.S. law to report if they are carrying $10,000 or more,” said Port Director Charles Perez.  “When travelers refuse to comply with federal reporting requirements, they face the risk of having the currency seized and possible civil and or criminal penalties assessed.”

Now, the link provided by CBP is to their own Q&A about currency reporting requirements. Frankly, the advice given their is more or less accurate, except that the law requires a report of more than $10,000, not $10,000 or more. It’s a difference of a penny but that’s the law, so CBP gets it partially wrong.

No word on whether or not this traveler was arrested, but likely they would have mentioned that fact if it was the case with this bulk cash smuggling seizure — money concealed with the apparent intention to not file the currency report. Did this traveler have that intent? Hmm, a tough call — a great argument could be made that he did not!

U.S. Customs & Border Protection Officer's uniform, featuring the seal of the agency.

CBP Seizes $38k Bulk Cash in Texas

I’ve not had much time for blogging about customs law, as CBP enforcement seems to have increased lately. But, I did see this story come up about a seizure of money in…. suprise: Texas! Not Dulles this time.

The money seizure occurred at the Del Rio International Bridge. Just three days ago, Customs officers stopped and searched a Mexican woman driving her vehicles out of the United States. During the course of the inspection, CBP found that she had “several bundles of cash in her possession” that totaled $37,901.

Although the story does not explain how, or if, the money was hidden, it does say that she will be prosecuted for bulk cash smuggling. It’s odd that, most of the time these seizure stories form CBP in Texas explain how they money was hidden but only calls those violations a failure to report; in this case, it is not explained how the money was hidden, but is called bulk cash smuggling. It’s becoming my pet peeve.

On to the story:

U.S. Customs and Border Protection officers at the Del Rio International Bridge recently seized more than $30,000 in U.S. currency from a woman leaving the United States bound for Mexico.

On Dec. 19, CBP officers, conducting outbound inspections at the Del Rio Port of Entry, encountered a 2010 SUV departing the United States for Mexico. During inspection, officers discovered the woman driving the SUV had several bundles of cash in her possession. Officers seized $37,901 in undeclared U.S. currency.The driver, a 30-year-old U.S. citizen residing in Mexico, was turned over to Homeland Security Investigations for federal prosecution for bulk cash smuggling – 31 USC § 5332.

“Seizing undeclared currency at ports of entry serves to deprive criminal organizations of their profits,” said Port Director Alberto D. Perez, Del Rio Port of Entry. “Large amounts of currency may be imported and exported with the proper documentation.

“Failure to report international transit of $10,000 or more could mean forfeiture of funds and criminal sanctions.”

An example of cash report for customs.

CBP Seizes $13K in Unreported Currency at Washington Dulles International Airport

A traveler bound for Ethiopa had $13,000 seized from him by U.S. Customs & Border Protection at Dulles airport a few weeks back. This story is part of the (seemingly) un-ending trend of currency seizures coming from Dulles airport lately.

The facts are largely the same as most of the other stories. A U.S. citizen attempts to leave the United States without first making the required currency report to Customs. The man probably thought he would not have to report it because — after all, you do not pass through Customs when leaving the country, only when arriving. But the currency reporting requirement applies equally to those entering the country and to those leaving the country.

During an outbound inspection, the man declared, both verbally and in writing, to CBP officers that he possessed $5,000; however, CBP officers discovered a total of $13,294 on his person and in his luggage.  The officers seized the $13,294, returning the equivalent of $424 in foreign and U.S. currency for humanitarian relief, and advised him how to petition for the return of the currency.  The traveler was then released to continue his journey.

A verbal or written declaration gets you nowhere if it is inaccurate. What form did he make the written declaration on and why? No declaration is required for monetary instruments of $10,000 or less, so why would Customs make him complete a written declaration?

The only reason would be to have affirmative proof that he did not make a proper verbal declaration of the money by being able to say, “See, he also lied about it in writing. It is not our word against his. His very own handwriting — his written declaration — also proves him guilty.”

By obtaining a written declaration, Dulles may have a stronger case if they try to prove that the money is subject to forfeiture for bulk cash smuggling violations.Yes, watch out in Dulles for strict enforcement of Customs guidelines concerning seizure of monetary instruments for structuring and bulk cash smuggling offenses.

 

Detroit Airport Currency Report Sign

CBP Seizure of Cash without Warrant

U.S. Customs & Border Protection can seize cash without a warrant when traveling internationally into or out of the United States if they have probable cause to believe that you violated the cash reporting requirement, the bulk cash smuggling laws, or the structuring laws. Most people know these laws simply as the $10,000 reporting requirement.

Does CBP need a warrant to seize money?

The U.S. Constitution creates an exception to the warrant requirement when you consent to the warrant requirement or when a person has no reasonable expectation of privacy. At the international border, the U.S. Supreme Court has said you have absolutely no reasonable expectation of privacy. Thus, CBP can seize your cash without requiring a warrant if you are at a border or are at an airport and flying into or out of the United States.

Furthermore, as if the interpretation of the Constitution by the Supreme Court were not enough, Congress passed a law giving U.S. Customs & Border Protection the right to search and seize at the border, without a warrant. This appears in Title 31, which is the body of laws governing the federal currency reporting regulations.

31 USC 5316(b) says:

Searches at border. For purposes of ensuring compliance with the requirements of section 5316 [31 USCS § 5316], a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States.

and 5316(c)(2) says…

(2) Civil forfeiture. Any property involved in a violation of section 5313, 5316, or 5324 of this title [31 USCS § 5313, 5316, or 5324], or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.

Have you had cash seized by CBP without a warrant?

If you had cash seized by CBP without a warrant, there’s nothing wrong with that from CBP’s perspective. That’s legal, if traveling internationally. But, you still have some chance to get the money back by showing that the money is not connected to illegal activity.

If CBP seized your cash you need a lawyer. Read our trusted customs money seizure legal guide and can contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

The CBP global entry line at Detroit Metropolitan Airport.

Detroit Metro Airport CBP Seize $59,451 Cash

Finally, a CBP cash seizure press release from my own home port of Detroit that happened at Detroit Metropolitan Airport, which is just a few miles down the road from our office. This one involves a U.S. citizen returning from China with his wife; together, the couple was found to be transporting more than $10,000 cash through Customs…. about $50,000 more, actually.

Here’s the full story from Detroit CBP:

DETROITOn November 28, 2016, U.S. Customs and Border Protection (CBP), Office of Field Operations at the Detroit Metropolitan Airport seized $59,451 in U.S. currency from a United States citizen after he failed to report the currency to CBP officers. The traveler is a member of the Global Entry trusted traveler program.

The male traveler and his wife arrived in Detroit on a flight from Beijing, China. He initially denied carrying $10,000 or more in U.S. currency or its equivalent in foreign currency. CBP Officers questioned the traveler as he and his wife attempted to exit the federal inspection area separately 13 minutes apart. Further inspection led to the discovery of $59,451 divided between the two.

“You must report to CBP that you are carrying $10,000 or more in U.S. dollars or equivalent foreign currency or other monetary instruments when you travel into or out of the United States, especially if you are a member of Global Entry.” said Devin Chamberlain, CBP Detroit (Airport) Port Director. “There is no limit as to how much currency travelers can import or export. However, the law requires travelers to report when they carry at least $10,000 in monetary instruments.  Violators may face criminal prosecution and forfeiture of the undisclosed funds.”

As you can see, this story involves both a failure to report cash to customs and unlawful cash structuring. As we’ve explained time and time again at this customs law blog, cash will be seized by Detroit CBP if it is divided between a husband and wife (or other family members) traveling together and CBP has cause to believe it was done for the purpose of avoiding filing the currency report on form FinCen 105.

Had cash seized at Detroit Metro Airport by CBP?

If you’re like the people in this story and have suffered a cash seizure by U.S. Customs & Border Protection (CBP) at Detroit Metro Airport, you’re in need of a lawyer to help you get your money back and potentially avoid criminal prosecution or inquiry. Every case is different and nuances, exceptions and interpretations are almost always present making each case unique and challenging. Many people need help even understanding the election of proceedings form that is included with the notice of seizure.

Please make use of our customs currency seizure legal guide, but remember to also take advantage of our free currency seizure consultation by contacting us today by clicking on the contact button!

$45,000 of cash seized in envelopes by CBP laid out in 3 rows of 15 on on a wood table with a CBP logo

Dulles CBP Seizes $52K headed for Ghana

It is now my opinion that Dulles CBP is vying to be first in currency seizures in the nation. That is a distinction held by Detroit CBP in the 2015 fiscal year. That year, the seized cash from over 500 people.

My opinion about Dulles is based on the most recent of many stories about Dulles CBP seizing cash from unwitting (and sometimes witting..) travelers at Dulles airport in Sterling, Virginia, since only September.

This story, like those, involves a failure to report cash to Customs; in this case, though, the person involved reported $40,000 – way more than than the $10,000 – and he actually possessed slightly more than $52,000. Now, it’s still illegal to underreport cash even when you do report more than $10,000. In other words, no matter how much you carry and how much you report, the report of cash to Customs still has to be ACCURATE. Being off by $12,000 is not accuracy.

But, the story is unique in that many people will report to Customs that they are carrying $9,990, or $9,800, or $9,700, when they are really carrying more than $10,000. They think that as long as they report some number less than $10,000, they will not be scrutinized. They’re wrong.

This man, however, reported $40,000. That seems like good faith to me, and my guess is he probably did not know exactly how much he had with him (yes, it happens), and he gave it his best guess, never expecting to be held to such a strict account by U.S. Customs & Border Protection.

STERLING, Va. — U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized over $52,000 from a Ghana-bound U.S. citizen on Thursday for violating federal currency reporting regulations.

There is no limit to how much currency travelers can import or export; however, federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

During an outbound inspection, the man declared, both verbally and in writing, to CBP officers that he possessed $40,000; however, CBP officers discovered a total of $52,156 on his person and in his luggage.  The officers seized the $52,156 and advised him how to petition for the return of the currency.  The traveler was then released to continue his journey.

Has Dulles CBP seized your cash?

If Dulles CBP seized your cash you need a lawyer. That’s what we do. Read our trusted customs money seizure legal guide and can contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

Dulles CBP Seizes $17k in Unreported Currency from Peruvian Woman

Another week, another cash seizure at Dulles airport by U.S. Customs & Border Protection. They are really racking of the seizures — and talk about it, a lot — this year.

The meat of the story says:

The woman arrived from Peru via Colombia shortly before 4 p.m. Tuesday.  During a secondary examination, the woman initially reported that she possessed $3,000, and then changed that amount to $5,000.  CBP officers discovered $15,870 in U.S. dollars, and additional Peruvian Sol equivalent to $1,189 U.S. dollars for a total of $17,059 in her purse.

The untruthful report to CBP makes it this currency seizure completely legal under the federal currency reporting regulations, which penalize any failure to report cash to U.S. Customs & Border Protection. But not only did she have her cash seized, but:

U.S. Customs and Border Protection (CBP) officers seized more than $17,000, a fraudulent permanent resident identity card and a fraudulent social security card from a 54-year-old woman at Washington Dulles International Airport on Tuesday.

But, the story goes on to say that “authorities declined criminally prosecuting the woman.” At the time currency is seized, the seizing officers (or Homeland Security Investigations, I suppose…) are required to contact the U.S. Attorney’s office and advise them of the incident to determine whether to prosecute the case criminally and arrest the individual involved in the currency reporting violations.

However, CBP did “remove[] her from the United States for possessing fraudulent U.S. identity documents and barred her from re-entering the U.S. for five years.” Ooops!

Have you had cash seized at Dulles airport by Customs?

If you had cash seized at Dulles airport by Customs, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

CBP seizes ammo and $9,995 cash, make criminal charges

Channel 4 Valley Central news picked up on a seizure of ammunition and some cash at the Hidalgo International Bridge last Wednesday. The story is noteworthy because it involves the seizure of less than $10,000…. by about $5 bucks.

Who travels with $9,995? Someone who has structured their currency transaction so that they would not have to file a currency transaction report on FinCen 105 and report their cash to U.S. Customs & Border Protection, that’s who.

And what’s wrong with traveling with $9,995 if you desire to avoid the hassle of reporting the money to CBP? Everything, because it’s against the law! That’s called unlawful cash structuring. Let’s have a look at an excerpt from the criminal complaint:

criminal-complaint-cash-ammo

It is somewhat suspicious but, his explanations have a ring of truth to it. Nevertheless, exporting ammunition from the U.S. (and thought not charged with it… structuring a cash transaction to evade the reporting requrement) is illegal, and therefore, a crime. And at the end of the day, that’s the reason he was charged; he’s not been charged with intending to use the ammo or the cash for any nefarious purpose (even if CBP believes that he did so intend).

Here’s an excerpt from the story:

Officers seized more than 400 rounds of ammunition and $9,995 at the Hidalgo bridge on Wednesday.

Espinoza “provided CBPOs with a negative declaration for currency, weapons and ammunition,” according to the criminal complaint.Officers search Espinoza’s vehicle and found $9,995 cash — $6,620 underneath a battery cover inside the engine and $3,375 stuffed in an envelope, according to the criminal complaint.

They also found 400 rounds of ammunition.

“Espinoza claimed the U.S. currency was meant to purchase vehicles from a local auto auction company in the McAllen, Texas area, but he did not purchase the vehicles,” according to the criminal complaint. “He stated that he hid the U.S. currency in the engine compartment to conceal it from Mexican Customs officials and the cartel because they would take it from him if they knew he had it.”

Has your cash been seized by U.S. Customs & Border Protection?

If CBP seized cash from, learn more about what your options are from our trusted customs money seizure legal guide; and can take advantage of the free currency seizure consultation we offer by clicking the contact buttons on this page.

Picture of what the cash seized at Dulles airport looked similar to.

Dulles Customs Seizes $113k from 5 People

Dulles airport is a new hotbed for CBP cash seizures. And based on the volume of stories coming out from CBP about currency seizures they’ve conducted, they love to talk about. In fact, in the last 2 weeks CBP seized money from 5 different groups of people for “intentionally” violating the federal currency reporting regulations.

It’s curious that CBP should state that the law was “intentionally” violated, as intent has nothing to do with whether the law was broken (at least, in CBP’s interpretation of the law). The only thing that is require for a violation of the cash reporting law is a knowing transportation or more than $10,000 into or out of the country, not a knowing violation of the reporting requirement. It is, in the legal world, called a “bright line” rule. In other words, if you leave or enter the country with more than $10,000 and you do not report it, it does not matter why you did not report it, you’ve broken the law by the very transportation of the money itself.

Here is the whole story concerning the 5 recent seizures at Dulles, as told by CBP:

A handful of international travelers learned of the value of truthfully reporting all currency they possessed to U.S. Customs and Border Protection (CBP) officers at Washington Dulles International Airport recently. That value came to about $113,000 in seized currency.

CBP officers seized a total of $112,819 during five seizures over the last 10 days for violating federal currency reporting requirements.  These currency seizures included:

  • $36,639 from a family departing Washington Dulles for Laos on October 25;
  • $14,221 from a woman departing to South Korea on October 24;
  • $22,034 from man who arriving from Ghana on October 22;
  • $17,946 from a man and woman departing to El Salvador on October 18; and
  • $21,979 from a man departing to Belgium.

In each incident, CBP officers allowed the travelers multiple opportunities to be truthful, and to read, understand and acknowledge the currency reporting law before officers inspected the travelers. In each incident, CBP officers found additional currency above what the travelers repeatedly claimed they possessed.

As customs stated, the total of these seizures exceeded the $73,900 that CBP officers seized from Serbian bound man on October 3. What’s up, Dulles CBP? Have your currency seizure reporting priorities just kicked up a few notches?