CBP Reminds Public About Currency Reporting Requirement

Posted by Jason P. Wapiennik on December 23, 2014

In the past month we have reported on two violations of the currency reporting requirements that resulted in seizure of money by U.S. Customs & Border Protection at the CBP pre-clearance station in Nassau, Bahamas. Those stories are HERE and HERE. Now we have a “reminder” about the “Currency Reporting Requirement” from that same pre-clearance station, which is excerpted below.

If you have had money seized by customs call our office at (734) 855-4999 or CONTACT US BY CLICKING HERE to speak to a customs lawyer. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, and Philadelphia. cbp money seizure

NASSAU, Bahamas—U.S. Customs and Border Protection reminds travelers of the requirement to report currency amounts of $10,000 or more to CBP when traveling to or from the United States.

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the United States; however, if the quantity is $10,000 or higher, they must formally report the currency to CBP (note: like the money seizure story HERE). If travelers have someone else carry the currency or monetary instrument for them, they must file a currency report for the entire amount with (note: like the structuring story HERE). Failure to report may result in seizure of the currency and/or arrest.

“The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer,” said Robert Allen Smith, area port director for Nassau Preclearance.

There’s a lot of great reasons why you should hire our firm, but one of them is that we know the law: you may not know the law, and oftentimes, as this article shows, customs does not know the law. Annoyingly, this CBP news release, like many, gets the law wrong. 31 USC 5316(a)(1), the law that gives CBP the authority to seize money and monetary instruments which are not reported, clearly says that a report is required if only if “more than $10,000” is transported, not $10,000 “or more”.

Having an attorney is especially important if more than one person was travelling and the seizure was of cash, there are allegations of smuggling, or structuring, or if you experienced a lengthy dentetion or questioning at the time of seizure. We handle this and many other types of cases, which we publish the results of here. Read our popular article on responding to a currency seizure by clicking HERE.

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CBP Confiscates $82K From International Traveler

Posted by Jason P. Wapiennik on December 18, 2014

U.S. Customs reports on a recent customs money seizure from a woman attempting to cross the border. Something tipped the customs officers off as she left the U.S. and put her through a secondary inspection where they found, lo and behold, $82,077. If this individual is not prosecuted by the government for criminal violations, she faces the potentially difficult task of proving a legitimate source and legitimate intended use of the money. You can read our popular page on Responding to a Customs Money Seizure HERE.

Also, Customs gets the law wrong again, which now I am pretty sure they keep doing to get me worked up. The law only applies to “more than $10,000” not “$10,000 or more.” It’s the difference of a penny, but it’s still wrong to say $10,000 or more. Here is the story:

On Dec. 14, CBP officers working outbound operations at the Gateway International Bridge selected a white 1999 Cadillac Escalade for a secondary inspection. The driver, a 31-year-old female U.S. citizen from Brownsville, was arrested after officers discovered packages containing unreported U.S. currency concealed within the Escalade. Officers removed and seized three packages

that contained [$82,077 in] U.S. currency which was allegedly was being taken into Mexico without being properly reported.

After CBP Field Operations arrested the adult female, she was turned over to agents with Homeland Security Investigations (HSI) for further investigation.

It is not a crime to carry more than $10,000, but it is a federal offense not to declare currency or monetary instruments totaling $10,000 or more to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements. Failure to declare may result in seizure of the currency and/or arrest. An individual may petition for the return of currency seized by CBP officers, but the petitioner must prove that the source and intended use of the currency was legitimate.

In this case, we could give the woman the benefit of the doubt and presume the legitimate source is the proceeds of a decade worth of scrimping and saving; and the intended use, perhaps she is a very generous person and was going to buy Christmas presents in Mexico, with cash. Then Customs swoops in, seizes her money, and ruins all her plans. But, if we assume she 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, she 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.

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. 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.

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CBP Seizes Currency after Admission of Structuring Violations

Posted by Jason P. Wapiennik on December 16, 2014

Lady luck, like fortune, is fickle. This man’s luck — and his casino winnings — disappeared at the border when he encountered Customs, who confiscated his winnings.

The guy had some cash from casino winnings confiscated by Customs while gambling in the Bahamas. He was en route to the United States, when he decided to break the law. Apparently fearing the unknown, he decided to divide the money up among 5 people so he would not have to file a currency report.That’s illegal structuring.

When Customs asked him why he divided up the money, he said it was so he did not have to file a currency report (FinCen 105). That’s an admission of illegal structuring. Law enforcement didn’t have to do any other work to confiscate casino winnings or hard earned money if you admit you violated the law.

Here are the details of the case of the “casino winnings” confiscated by Customs:

Nassau, BAHAMAS –U.S. Customs and Border Protection officers at the Nassau CBP Preclearance facility seized $63,851 in unreported currency from a U.S. citizen who was subsequently arrested by the Royal Bahamas Police Force, Dec. 8.

CBP officers at the Nassau Preclearance facility referred five male U.S. citizens for a secondary inspection after they each declared to be in possession of $9,000 U.S. dollars. Three men were en route to JFK and two men were en route to Newark.

Upon further questioning, one of the passengers admitted that he divided about $52,000 among his co-travelers in an attempt to circumvent currency reporting requirements. CBP officers were informed that the passengers’ currency was the result of legal casino winnings in the Bahamas. During the secondary inspection, CBP officers determined that the passenger who won the money in the casino also failed to declare the purchase of an $8,000 watch for which duty was assessed and collected.CBP officers seized a total of $63,851 in unreported currency.

“U.S. Customs and Border Protection officers provided this traveler multiple opportunities to accurately report all of his currency,” said Area Port Director for Nassau Preclearance Robert Allen Smith. “He ultimately admitted that he had divided his currency among his friends in an attempt to circumvent the law, and all of his currency was seized. The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer.”

The RBPF was notified of the false declaration and responded with interest to prosecute. The circumventing passenger was arrested by RBPF upon the conclusion of CBP seizure processing. RBPF took custody of the passenger and the evidence. The remaining four individuals were released without further incident.

So that it is, Customs confiscated the cash and then turned him over to the Royal Bahamas’ Police Force for prosecution. This is all the more of a sad story because there is nothing illegal about winning some money while gambling, and nothing illegal about bringing it into the United States. It’s very likely that this man could get the money out of Customs custody, but of course, he’ll still have to deal with the criminal charges from the RBPF.

Have you had casino winnings confiscated by Customs?

If you’ve had casino winnings confiscated by Customs you can learn more about the process from our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

CBP Seizes More than $1 Million in Currency

Posted by Jason P. Wapiennik on December 11, 2014

This is a news release from U.S. Customs & Border Protection involving a currency seizure and the arrest of the people who smuggled the currency in their vehicle. The fact of the arrest means that there is a fair chance that the individuals were involved in some sort of illegal activity. We typically handle cases for the seizure of money at the airport by customs where there is no arrest because there is no apparent connection to illegal activity at the time of seizure. You should read our popular page on Responding to a Customs Money Seizure. Let’s have a look at this story, and a picture of the cash seized by customs:

The . . . seizure occurred on Dec. 7, at the Hidalgo-Reynosa International Bridge after CBP officers working outbound operations selected a tan 2010 Ford Fusion for inspection. The driver, a 29-year-old female United States citizen from Pharr, Texas and the 63-year-old male passenger, a Mexican citizen from Reynosa, were referred for a secondary inspection. During the course of the secondary examination, Officers discovered packages of unreported U.S. currency secreted within the Ford sedan. CBP-OFO removed and seized 21 packages containing a total of $255,361 of U.S. currency that was allegedly headed into Mexico without being reported.

CBP Field Operations arrested the . . . individuals who were ultimately released to the custody of Homeland Security Investigations (HSI) agents for further investigation. CBP-OFO also seized all the vehicles involved in the failed smuggling attempts.

It is not a crime to carry more than $10,000, but it is a federal offense not to declare currency or monetary instruments totaling $10,000 or more to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements. Failure to declare may result in seizure of the currency and/or arrest. An individual may petition for the return of currency seized by CBP officers, but the petitioner must prove that the source and intended use of the currency was legitimate.

CBP’s Hidalgo/Pharr/Anzalduas Port of Entry is part of the South Texas Campaign, which leverages federal, state and local resources to combat transnational criminal organizations.

Again, Customs gets it wrong here when they say “$10,000 or more” must be reported; it is “more than $10,000”. A slight difference, but a difference nonetheless.

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 (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.

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Importer Allegedly Undervalues Shoe Imports and Gets Criminally Charged

Posted by Jason P. Wapiennik on December 9, 2014

Imports into the United States must be properly classified and valued. Classification has to do with categorizing them on the Harmonized Tariff Schedule of the United States (HTSUS) in an 8 digit tariff code, and a 2 digit statistical suffix; valuation has to do with reporting the dutiable value of the merchandise which is usually the amount paid for the merchandise, plus certain other charges. Classification and valuation are bedrock principles of customs compliance.

In this vein, I was alerted to a story about about a company that sells shoes/footwear which was, allegedly, reporting incorrect values to customs in order to save on duties. It looks like the company has been making its way in the courts for other reasons to, including trademark and breach of contract disputes. This story illustrates the importance of verify correct classification and valuation of merchandise; this can easily be done by requesting a prospective ruling from customs.

A federal grand jury in Sacramento on Thursday charged Romeo with evading about $5.6 million in customs duties. The company imports the popular Bearpaw brand of shearling slippers and boots and sells them nationally.

. . .

“Tom has been fully cooperating with customs over the past several years,” said attorney Malcolm Segal, with Segal & Associates PC in Sacramento.

…

Romeo has deposited more than $4 million with U.S. Customs while the issue remains unsettled, Segal said.

Segal said the dispute arises from a technical issue over whether the shoes are completed products or component parts. The duties are different depending on how the shoes are classified.

Romeo owns and operates Romeo & Juliette Inc., a company that imports shoes and boots made in China and distributed under the brand names Bearpaw and Attix. The company sells to many national retailers.

The indictment alleges that from 1994 through 2011 Romeo had employees and others create false invoices that undervalued footwear he imported from China.

Source: Sacramento Business Journal. It sounds as though Romeo & Juliette filed a prior disclosure based on their attorney’s statement that $4 million was deposited with customs while it considers if it owes any money. That’s a smart move. Unfortunately, violations of the customs laws often involve criminal consequences in addition to severe civil penalties. It appears in vogue for Customs to pursue criminal charges for import violations: In August we posted analysis of a story of smugglers circumventing anti-dumping duties by transshipping aluminum extrusions from China to Malayasia and importing them via false documentation in San Juan.

If you need help conducting due diligence, or face duty or penalty liability with customs you should contact our office by e-mail or call (734) 855-4999. We are experienced in defending customs 592 penalties, disclosing potential violations through prior disclosures, responding to notices of penalties, and preparing detailed and well argued petitions for mitigation of penalties or liquidated damages You can also make use of our other articles, such as:

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U.S. Customs Seizes $69,000 in Cash at Preclearance Station from Traveler

Posted by Jason P. Wapiennik on December 4, 2014

Did you know U.S. Customs & Border Protection has preclearance stations in numerous foreign countries (link)? Did you know that if you fail to report currency at these preclearance stations it will be seized from you just as though you were going through U.S. Customs on U.S. soil? It’s apparently true, and here’s the story of a lady who had almost $70,000 seized for failure to report currency in excess of $10,000 while leaving the Bahamas destined for Fort Meyers, Florida.

NASSAU, Bahamas—U.S. Customs and Border Protection officers at the Nassau Preclearance facility discovered $69,739 in undeclared U.S. currency inside a traveler’s carry-on and checked luggage. The Royal Bahamas Police Force took custody of the traveler and the currency.

On Nov. 24, CBP officers encountered a 51-year-old female U.S. citizen traveling to Fort Myers, Florida. The subject was referred for a secondary baggage exam after Nassau Airport Authority Security alerted to a large sum of money inside a piece of checked luggage. During the baggage exam, CBP officers discovered several envelopes addressed to multiple people containing U.S. currency. The subject only reported $900 on her declaration and when questioned reaffirmed to CBP officers that she was traveling with less than $10,000. The traveler failed to formally report the money to CBP resulting in the seizure of the currency.

“This seizure is an excellent example of the cooperative working relationship U.S. Customs and Border Protection has with Nassau Airport Authority Security, who notified CBP of an anomaly in a bag,” said Robert Allen Smith, area port director for Nassau Preclearance. “CBP officers provided the traveler with multiple opportunities to accurately report all currency in her possession; however, she failed to comply with the reporting requirements. The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer.”

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the United States. However, if the quantity is $10,000 or higher, they must formally report the currency to CBP. Failure to report may result in seizure of the currency and/or arrest.

It’s a somewhat intriguing for this customs lawyer, because 31 USC § 5316 requires that a “person . . . shall file a report . . . when the person . . . knowingly transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time . . . to a place in the United States from or through a place outside the United States”. The implementing regulation, 31 CFR § 1010.306, states that the report shall be filed “at the time of entry into the United States or at the time of departure . . . from the United States, unless otherwise specified . . . .” At the time the regulation was drafted I don’t think the preclearance stations were contemplated. Thus, there might be a thin argument that there was no failure to report… but this is just me shooting from the hip. I haven’t done any time researching the issue and it should not be relied on anyone as legal advice.

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.

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U.S. Customs Seizes Bulk Cash from 23 y/o US Citizen

Posted by Jason P. Wapiennik on November 30, 2014

In a currency seizure reported by U.S. Customs, customs seized over $250k 23 year old man headed into Mexico. No mention of an arrest, but just an ongoing investigation. This seizure is probably based on both bulk cash smuggling and failure to report. Both carry criminal consequences. Customs also gets the law wrong, as we explained below, which is a great reason to hire a lawyer for your customs money seizure case. Let’s have a look at the always-interesting-facts in this currency seizure story to see what the person did wrong that caused this encounter to end up as another customs airport money seizure:

U.S. Customs and Border Protection officers conducting outbound enforcement operations at the Brownsville Port of Entry seized $259,750 in bulk U.S. currency. [ . . . ] Stacks of varying denominations totaling $259,750 in undeclared currency seized by CBP officers and agents recently at Brownsville Port of Entry.

On Nov. 24, CBP officers working outbound enforcement operations at the Gateway International Bridge came in contact with a silver 2007 Volkswagen Jetta as it attempted to exit the United States and enter Mexico. The driver, a 23-year-old United States citizen from Brownsville, Texas was referred to secondary for further inspection. In secondary, a search of the Jetta resulted in the discovery of two packages of bulk U.S. currency hidden within the vehicle. CBP officers seized the currency the vehicle and the case had been referred to Homeland Security Investigations (HSI) special agents for further investigation. [ . . . ]

It is not a crime to carry more than $10,000, but it is a federal offense not to declare currency or monetary instruments totaling $10,000 or more to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements. Failure to declare may result in seizure of the currency and/or arrest. An individual may petition for the return of currency seized by CBP officers, but the petitioner must prove that the source and intended use of the currency was legitimate.

If this guy could prove the money came from a legitimate source and had a legitimate intended use, then this customs cash seizure was completely avoidable. Near the bottom of this story customs states that the law requires that a person file a formal report of “$10,000 or higher” into or out of the United States. That is incorrect. The law requires reports of more than $10,000. If even customs doesn’t know the law, you are better of hiring an attorney.

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U.S. Customs Currency Seizures for Thanksgiving Travelers

Posted by Jason P. Wapiennik on November 25, 2014

Thanksgiving is apparently not the busiest travel day of the year, but it’s definitely one of the busiest. This year, with significant storm systems promising to delay flights at airports, Customs officers in the United States are going to have customs money seizure some extra time on their hands detect which travelers are transporting more than $10,000 in money and not filing the required reports. We have written about some criteria Customs officers can use to target certain people for violating the currency reporting requirements in an article which you can READ BY CLICKING HERE.

You should protect yourself from seizure and ensure that you comply with all the laws related to entering or leaving the United States, but most especially for readers of this customs law blog, the currency reporting requirements for the United States. Increased travel for the holidays means increased opportunities for customs to seize your money for failing to report the transport of more than $10,000 into or out of the United States.

If it’s too late for you and you’ve had your money seized by Customs for failure to file a currency report, bulk cash smuggling, or a structuring violation, do not lose hope. It is possible for you to get your money back. You can find out more about how to get back seized currency by reading our article RESPONDING TO A 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, Philadelphia, Atlanta, New York, Los Angeles, Miami, and many other places, and not just locally in Detroit.

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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:

CBP Seizes Counterfeit Kids’ Bracelets

Posted by Jason P. Wapiennik on November 18, 2014

Below is a Customs seizure story about fake monster tail bracelets recently seized as counterfeits. In the story, Customs states that fake products, often toys, can contain harmful substances like “lead or phthalates”. While that may be true, Customs only states that generally and does say if these products contain harmful substances. It seems unlikely, but stranger things have happened. In my opinon, by explaining that counterfeits can contain harmful substances Customs obscures the real reason for seizure. Counterfeit products are subject to seizure even if they are totally safe. Period.

We previously explained the serious dangers of importing counterfeit trademark merchandise into the United States; how it results in seizure, monetary customs penalties, and some strategies as to how the importer can defend it. This story underscores the importance of everything we discussed in those articles, which you should read here: Importing Counterfeit Trademarks – Customs Seizures & Penalties; Part 1 and Part 2.

DALLAS – U.S. Customs and Border Protection officers working at the Dallas/Fort Worth International airport seized 200 Rainbow Loom ® Monster Tail ™ kits, Nov. 16.

“This seizure is indicative of the level of attention CBP officers are paying to protect consumers from harmful counterfeit products,” said CBP Area Port Director Cleatus Hunt. “Genuine products pass rigorous safety testing while cheap imitations, though packaged to look authentic, are an inferior product containing harmful substances.”

Common harmful substances found in counterfeit toys include lead or phthalates.

The counterfeit craft item was made in China and enroute to La Paz, Bolivia. CBP officers examined the shipment of 15 cartons which was manifested as necklaces when it arrived in Dallas. Upon examination, officers discovered the popular children’s kits among the cartons and after verifying the kits were counterfeit, seized the cartons containing the kits.

Protecting intellectual property rights is a priority CBP trade issue because counterfeit and pirated goods not only hurt American businesses, these products are often associated with criminal activities and fund other criminal enterprises.

For this particular seizure, a primary concern was the risk the counterfeit kits posed to the consumer. Rainbow Loom ® cautions against purchasing counterfeit kits with illustrations of the dangers fake kits pose to consumers.

Shoppers who suspect they purchased a counterfeit item should discontinue using the product and contact the National IPR coordination center. Consumers can learn about getting their money back by visiting the Federal Trade Commission.

As the holiday shopping season begins, shoppers can protect themselves by learning how to spot a fake at Stopfakes.gov.

Importing counterfeit items into the United States is a very serious matter. First, it is very likely that after seizure the property will be forfeited and destroyed by the U.S. government if, in fact, they are violative of the trademark laws.

Once forfeiture is perfected, the person who caused the importation will probably get a notice of penalty from U.S. Custom & Border Protection in the mail for the equivalent of the value of the products if they were real. The importer will have a chance to respond to customs’ notice of penalty with the Fines, Penalties, and Forfeitures office by filing a petition for mitigation and ask customs to reduce the penalty based on the presence of certain mitigating factors that customs particularly looks for. Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely. If the person fails to pay the penalty, the government can bring a lawsuit in federal district court to recover the penalty in the form of a judgment, after which point the government can lien property, garnish bank accounts, and seize property.

If you have had money or merchandise seized by customs because they allege it is counterfeit and contains trademark violations, 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 petitions for customs seizures nationwide.

The Government Wants Your Money

Posted by Jason P. Wapiennik on November 13, 2014

This is a Customs & Border Patrol story from KVOA, involving smugglers and a currency seizure. This is a little different than the usual customs money seizure case we handle or blog about, which is the seizures of money at the airport by customs (you can read our popular page on Responding to a Customs Money Seizure HERE). This story is not for a failure to report while crossing the border or arriving at an airport, but rather, the belief that it was connected to the drug trade and drug smuggling. This gave the officers an independent basis for the seizure, in which case the money does not have to be in excess of $10,000 to trigger seizure. This is the type of civil asset forfeiture our customs law firm does not typically involve ourselves in, but you can find more about why it’s so problematic HERE.

TUCSON – Tucson Sector Border Patrol arrested two undocumented immigrants and seized $10,000 after an agent stopped to assist a driver at State Route 85 near the Ajo area on Thursday, Nov. 6.

The agent offered his assistance after he noticed a vehicle pull over to the side of the highway. He found sugar sacks inside the vehicle, which according to the U.S. Customs and Border Protection are used for drug smuggling.

The agent then proceeded to do an inspection of the vehicle and the passengers, where he discovered the currency and the citizen status of the suspects.

The suspects were taken into custody and the vehicle and the $10,000 were processed for seizure.

If you have had cash seized by customs and are contemplating what to do next 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.

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Here are the details of the case of the “casino winnings” confiscated by Customs:

Have you had casino winnings confiscated by Customs?

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