Tag: unlawful structuring

The CBP global entry line at Detroit Metropolitan Airport.

Detroit Metro Airport CBP Seize $59,451 Cash

Posted by Jason P. Wapiennik on

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:

DETROIT— On 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!

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

Posted by Jason P. Wapiennik on

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.