Million Dollar Week for Customs Currency Seizures

Our customs currency seizure clients typically aren’t the type of people who smuggle hundreds of thousands of dollars across the border as part of some crime (see our typical cases here), and so the amounts of seized currency we typically see don’t quite reach the proportions of these recent CBP currency seizures in Arizona that netted CBP of more than a half million bucks. If these people could prove they weren’t up to no-good by showing the money came from a legitimate source and had a legitimate intended use, then this seizure of their money was completely avoidable. Read our popular information on responding to a currency seizure by clicking HERE.

Just look at this story below:Customs Currency Seizure

TUCSON, Ariz. – One week after seizing almost half a million dollars in unreported U.S. currency at a crossing in Nogales, Arizona, port officials apprehended a 25-year-old Mexican national Sunday for failing to declare more than $190,000 when he attempted to cross into Mexico through the Port of Nogales.

U.S. Customs and Border Protection officers conducting outbound inspections at the Mariposa crossing selected a vehicle driven by Luis Yovanni De La Herran-Zamudio for further inspection and found the unreported money hidden beneath his vehicle’s rear hatch.

Officers processed the vehicle and currency for seizure, and referred De La Herran to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

On Aug. 16, officers at the DeConcini crossing seized $420,000 from a male resident of Nogales, Sonora, Mexico.

Easy come, easy go.  Let’s be realistic, the currency was more than just “un-reported” as the story says: it was completely concealed (hello, bulk cash smuggling violations). And since the man was arrested, we reasonably guess there were some truly suspicious circumstances beyond just an inadvertent failure to file a currency report.

But now, even if criminal charges were not filed or if they are ultimately found not guilty of a crime they may still face civil forfeiture of the money. They will have to fight for its return administratively, or in the courts. 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.

Read these other articles about customs currency seizures:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Customs currency seizure for bulk cash smuggling into or out of the U.S.
  3. Customs currency seizure; 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. Getting money seized by U.S. Customs back while staying overseas
  8. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  9. Customs currency seizure; Tuition Money Seized by Customs

Customs Counterfeit Seizure of Tablet Computers

As part of our ongoing efforts to analyze news in light of the customs laws and keep importers informed of the rights and obligations, we provide the below about a customs counterfeit seizure (original here) for alleged fake tablet computers with illegal counterfeit marks.

Many fail to grasp the importance of customs seizing counterfeit merchandise. In the picture below which is from the original customs news release had the caption “A tablet computer with counterfeit marks for SD.” Well, I guess… “Tarjeta SD” does translate to “SD Card” but I think the seizure for SD violative marks may have rested on more than just this word appearing inside the operating system. Or it may not have. Anyway, on to the story, with our further analysis below:

LAREDO, Texas – The Import Specialist Enforcement Team [“ISET”]  at U.S. Customs and Border Protection’s Laredo Port of Entry recently seized a commercial shipment of counterfeit electronic tablets valued at $1.1 million for allegedly infringing on the Amazon, Google, Micro SD and SD registered and Customs Counterfeit Seizurerecorded U.S. trademarks.

In the recently finalized enforcement action, a CBP import specialist at World Trade Bridge selected a shipment of polymer lithium operated screens, electronic tablets, for a secondary examination. During the examination, CBP import specialists observed that the electronic tablets bore the Amazon, Google, Micro SD and SD trademarks, all of which are trademark recorded with CBP. A legal review by CBP Headquarters Intellectual Property Rights Branch indicated the imported tablets bore potentially counterfeit marks. A license administrator for SD confirmed that the use of their trademark was unauthorized. CBP’s ISET determined on August 14 that the shipment of 11,540 electronic tablets lacked legal authorization from SD-3C LLC, Google Inc., and Amazon Technologies Inc., and that the tablets were counterfeit and subject to seizure. CBP subsequently seized the tablets, which carried a manufacturer’s suggested retail price, had the trademarks been genuine, of $1.1 million.

“This is a significant seizure of tablets found to be infringing on three separate trademarks recorded with CBP,” said Joseph Misenhelter, CBP port director, Laredo Port of Entry. “Seizures like these ensure that valuable intellectual property is protected from harm from would-be knockoff products and help restore the integrity of America’s economy.”

Like we have explained previously, this importer stands to face a hefty penalty — around $1 million — for this customs counterfeit seizure. We can help you if you are facing penalties from customs for importing counterfeit trademarked merchandise. Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).

Call our office at (734) 855-4999 to speak to a customs lawyer, or CONTACT US HERE. We are able to assist petitions for customs penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Consult a customs lawyer who is well acquainted with the laws enforced by the customs service and who can judge the legality of the transaction, by even getting a prospective ruling from customs in advance.

Please read these customs counterfeit seizure articles:

Customs Detention and Inspection for Smuggling

There are several reasons why imported merchandise might undergo a customs detention. Visit our page explaining the detention process and the rights of an interested person in a detention for more information. Usually merchandise is detained for inspection so U.S. Customs & Border Protection can assess the admissibility of the imported merchandise or to verify the declared country of origin, preference claims, classification, valuation, and whether or not the merchandise is prohibited or restricted based on any number of laws and regulations enforced by customs. In some cases, customs detention of shipments, or a customs inspection, is caused by suspected smuggling. For example, shipments of tile have been detained in the past because smugglers were using tile to conceal heroin shipments.

Customs made two such recent drug busts this weekend during inspection of imported merchandise. The first story (accessible HERE) found more than three pounds of “heroin was contained in several cylinders and concealed in a shipment of flowers” with an estimated street value of $150,000.

Inspection and Customs Detention of Imported Merchandise
Heroin concealed in Flower Import

In a second seizure story, a customs detention of imported cargo found over 3,000 lbs worth of marijuana smuggled into the U.S. and manifested as Christmas bows:

Officers ran the tractor and trailer through the port’s imaging system and it showed anomalies with the cargo.  Officers probed one of the boxes and extracted a green-leafy substance that field-tested positive for marijuana.

Officers subsequently extracted 209 large packages of marijuana from inside the boxes, valued at $1.5 million.

Inspection and Customs Detention of Imported MerchandiseU.S. Customs and Border Protection officers at the Otay Mesa Cargo Facility Thursday afternoon discovered 3,370 pounds of marijuana in a shipment of Christmas bows. [ . . . ] The CBP officer referred the driver [of the truck] for a more in-depth examination. [ . . . ]

Officers ran the tractor and trailer through the port’s imaging system and it showed anomalies with the cargo.  Officers probed one of the boxes and extracted a green-leafy substance that field-tested positive for marijuana.

Officers subsequently extracted 209 large packages of marijuana from inside the boxes, valued at $1.5 million. [ . . . ] CBP seized the marijuana, tractor and trailer.

The images are from each of the shipments. As you can see, although the heroine was mingled in with flowers, there was apparently no effort made to conceal the marijuana with actual Christmas bows.

If you have received a notice of detention, have merchandise under intensive examination by customs call our office at (734) 855-4999 to speak to a customs lawyer, or reach out through our contact page. We are able to assist at ports around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places.

 

Holiday Weekend Customs Cash Seizures

Many customs cash seizures by U.S. Customs & Border Protection (CBP) are bound to happen all over the country this weekend at airports and border crossings. The increased amount of travel for labor day weekend will be a big Customs Cash Seizurefactor, but most cash will be seized because as it is the start of the academic year. Foreign exchange students, graduate students, PhD candidates, visiting professors,  researchers, and other professionals employed or sponsored by universities will be arriving in the United States with their tuition money or money for living expenses, and if they fail to report it to customs, it will be seized before they ever get a chance to use it. Get the details: Tuition Money Seized by Customs.

It does not matter that the money is legitimate. It only matters that there is a failure to make an accurate report to customs about how much money is transported. This reporting process usually starts by properly filling out your customs declaration form on arrival. Failure to properly report more than $10,000 transported into or out the country will result in a customs cash seizure. As we explained in previous articles, customs knows how to target arriving passengers to find people who might have money (Read: Targeting Customs Seizure Enforcement). If you are reading this after you already had a customs cash seizure then this article will tell you what to expect: Responding to a Customs currency seizure.

You can get your money back, but it will take time and effort. If you file a petition for remission, customs will require proof of the source of the money and its intended use. Customs has stringent requirements for getting your money back. They have specific documentation requirements depending on the country the money came from. Although the process is difficult and time consuming, it is almost always worth trying to get your money back. There is no customs cash seizure case that is hopeless, even if the documentation is missing or unavailable! For the best chances of success, you should hire a customs lawyer with a track record of successfully getting seized currency back from customs.

We are that experienced customs lawyer. If you have had your tuition money seized by customs, call us at (734) 855-4999 or contact us HERE because Great Lakes Customs Law can help.

Read these other articles about customs cash seizures:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Customs cash seizure for bulk cash smuggling into or out of the U.S.
  3. Customs cash seizure; 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. Getting money seized by U.S. Customs back while staying overseas
  8. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  9. Customs cash seizure; Tuition Money Seized by Customs

592 Penalties Liability; Smugglers Circumvent Duties

A recent story about the criminal conviction of 5 people for smuggling aluminum extrusions and circumventing anti-dumping and countervailing duty orders illustrates the point that importing into the United States requires due diligence. 592 penalties, and others, await those who importers who do not due their due diligence. Importing is not some casual business for the novice entrepreneur looking to make a fast buck. 

I am sharing and commenting on this story to pose the question: what if you got wrapped up in this (criminal) charade unintentionally? Imagine you were buying what you thought were Malaysian origin aluminum extrusions from a supplier in Malaysia that were, in reality, Chinese origin aluminum extrusions. That means rather than only being responsible for the normal duty applicable to the merchandise, they are subject to an additional duty of 374% ad valorem. What happens to you — the innocent importer?

You receive a duty demand or supplemental duty bill for the unpaid anti-dumping or countervailing duties. Maybe also an investigation or pre-penalty notice for potential violations of section 592 penalties, alleging 592 penalties for negligence or gross negligence in importing into the United States. Even though you did not know about it. The law does not require that you know the592 Penalties - Keep Calm and Contact Your Customs Attorney true country of origin to be responsible for duties owed because of the true country of origin.

In short, failure to perform due diligence and verify your supply chain and the true country of origin of the aluminum extrusions would leave you in an awful financial situation. It pays to investigate your supply chain, asks questions of your suppliers, verify all parts of the import transactions, and when in doubt, hire a customs lawyer.  Because in customs law, you can often held responsible for the mistakes of others.

On to the story below (original HERE):

SAN JUAN, Puerto Rico — Five defendants plead guilty Monday in Federal District court, to charges of conspiracy to smuggle aluminum extrusions into the United States, with the intent to avoid paying antidumping and countervailing duties.

[Five people] and PRP Trading Corporation, plead guilty before US District Court Judge Francisco Besosa, after reaching a plea agreement with Assistant US Attorney Scott Anderson. A sentencing hearing is scheduled for December 17, 2014.

The defendants were indicted by a grand jury after an investigation [ ]. According to the indictment, the defendants knowingly and willfully . . . conspired . . . to smuggle . . . merchandise imported from China . . . by passing false and fraudulent invoices and documents through the San Juan CBP customhouse with the intent to defraud the United States in lawful antidumping and countervailing (ADD/CVD) duties accruing upon said merchandise.

The object of the conspiracy was that [the] owners and/or principals of Sultana Screens & Aluminum Sales, PRP Trading, and Aluwest Industries, with the assistance of William Tang Piu Wong, would purchase aluminum from China, transship the aluminum to Malaysia, repackage the aluminum and create false invoices to make it appear as though the aluminum originated in Malaysia, and then import the aluminum into Puerto Rico in order to avoid payment of the antidumping and countervailing duties (ADD/CVD).

You can read the rest HERE. Usually people smuggle drugs, money, gold, jewelry, and other things we consider valuable. Aluminum extrusions are not in that category. But, the smuggling here dealt with avoiding paying extra duties. That gets the product in cheaper than competition. But how much duty savings is your freedom, or non-liability for 592 penalties worth?

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:

Customs 592 penalties articles:

Outbound Customs Currency Seizures to Mexico

This customs currency seizure story, quoted below from U.S. Customs & Border Protection (full story HERE), illustrates the currency reporting requirement for arriving traveler’s and for those exiting the country. Failure to follow the law will result in a customs currency seizure.Customs Currency Seizure Lawyer; Keep Calm and Declare Monetary Instruments Exceeding $10,000 USD

IMPERIAL VALLEY, Calif. — U.S. Customs and Border Protection officers at the local ports of entry over the weekend foiled three attempts to smuggle . . . $382,749 in unreported U.S. currency that was bound for Mexico. [ . . . ]

The [ ] incident occurred at about 7 a.m. on Aug. 16, when CBP officers were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown border crossing. Officers targeted a 2001 Honda Accord and referred the driver, a 39-year-old Peruvian citizen, and his vehicle for a more in-depth examination.

While searching the vehicle, officers utilized the port’s imaging system and detected anomalies within the Accord’s rear quarter panels. Following an intensive search, officers extracted a total of 15 packages containing $382,749 in U.S. currency from inside the panels.

If you have a customs currency seizure case and are contemplating what to do next, please use the 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 Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places.

Please read these customs currency seizure 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 Seizure & Penalty for Counterfeits and Uncertified Engines

Importing is a tricky business that presents a trap for the novice. You may think you can import merchandise that can be used to make a few quick dollars on because of a high profit margin. The story below falls into that category.

This person attempted to import 300 Wii controllers, 400 USB convertors, and 200 small motorcycle engines. If successful, there was some money to be made. But the problem was the Wii controllers and USB converters were counterfeit, and the 200 small motorcycle engines lacked an important EPA certification.

The consequences? Customs seized the counterfeits and the small motorcycle engines are an importation contrary to law because of the failure to have certification by the EPA.

PORTAL, N.D. — U.S. Customs and Border Protection (CBP) officers recently targeted a rail container at the port of Portal, North Dakota. In February 2014, CBP officers inspected the rail container and discovered merchandise that violated multiple laws and regulations. The merchandise consisted of approximately 300 counterfeit Wii remote controllers, 400 counterfeit USB converters and 200 small motorcycle engines that were not certified by the U.S. Environmental Protection Agency (EPA).

CBP determined that the trademark was counterfeit on the Wii remote controllers and USB converters. As a result, CBP seized those items. The counterfeit merchandise had a Keep Calm and Contact Your Customs Attorneymanufacturer’s suggested retail price of $20,800. In addition, CBP seized the small engines that were found not to be certified, as required by the EPA. The manufacturer’s suggested retail price for the engines was $16,400.

“CBP continues to play a key role in Intellectual Property Rights enforcement,” said Brent Beeter, the Port Director in Portal. “CBP continues to stay focused on combating the illegitimate trade in counterfeit products.”

Stopping the flow of illicit goods is a Priority Trade Issue for CBP. The importation of counterfeit merchandise can damage the U.S. economy, and threaten the health and safety of the American people.

With the growth of foreign trade, unscrupulous companies have profited billions of dollars from the sale of counterfeit and pirated goods. To combat the illicit trade of merchandise violating laws relating to intellectual property rights (IPR), trademark and copyright holders may register with CBP through an online system. Such registration assists CBP officers and import specialists in identifying violative merchandise.

CBP’s IPR enforcement strategy is multi-layered and includes seizing violative merchandise at our borders, pushing the border “outward” through audits of suspect importers, cooperating with our international trading partners, and collaborating with industry and governmental agencies to enhance these efforts.

Many fail to grasp the importance of customs seizing counterfeit or uncertified merchandise. The reason might be a failure see the harm that it causes to the owner of the trademark, by confusing their purchasers and destroying a reputation for quality, or just not caring about the consequences in quest for making themselves some money. To those and others, I say: Consult a customs attorney who is well acquainted with the laws enforced by the customs service and who can judge the legality of the transaction, even getting advice from customs in advance.

You might be facing penalties from customs for importing counterfeit trademarked merchandise or for importations contrary to law. We can help. You can pay the penalty or, as we recommend, file a petition for mitigation to ask for a reduction in the penalty. Once the notice of penalty is sent, the recipient has either 30 days to pay the penalty or file a detailed petition arguing the legal bases for further mitigation (reduction) or cancellation of the penalty. We recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full. Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).

If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, 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 penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

 

 

Customs Seizure & Penalties for Fake & Faulty Hairdryers

Many fail to grasp the importance of customs seizing counterfeit merchandise. The reason might be a failure see the harm that it causes to the owner of the trademark, by confusing their purchasers and destroying a reputation for quality. Another reason might be because they never got scammed into buying a product at full price… only to find out it is a worthless counterfeit. But sometimes counterfeits are dangerous.  Like electronics with a fake testing laboratory certifications, or those missing legally required safety features. The story that follows perfectly demonstrates the reasons why customs seizes counterfeits and often penalizes people who import them (original HERE):

HOUSTON – U.S. Customs and Border Protection officers have seized nearly 5,000 hair dryers as the required Ground-Fault Circuit Interrupters that

Images from Seizure

protect consumers from electrical shock or electrocution hazards were missing. The hair dryers, which originated from China, have a Manufacturer’s Suggested Retail Price of almost $330,000. “This seizure is the latest example of the vigilance and attention to detail our officers pay to protect consumers from imported goods

Image for Seizure

that pose a dangerous risk,” said CBP Houston Area Port Director Dave Fluty. During an examination of the shipment, officers found the dryers missing the immersion protection plug and bearing a suspect trademark logo. Officers coordinated with Consumer Product Safety Commission and with the CBP Intellectual Property Rights Rights [sic] Branch, Regulations and Rulings, Office of International Trade to verify authenticity. The CBP IPR Branch confirmed the products were counterfeit, and a CPSC evaluation of product samples concluded the required immersion protection plug was missing resulting in the seizure of the entire shipment that contained more than 400 boxes of the faulty articles. According to CPSC, consumers should look for a large, rectangular-shaped plug at the end of the hair dryer cord indicating the presence of a GFCI. The certification mark of a recognized testing laboratory should also be visible on the hair dryer or on the hair dryer’s packaging.

The individual who caused the importation is now liable to customs for penalties for 1) importing counterfeits into the United States under 19 USC 1526 and 2) importations contrary to law under 19 USC 1595a, because there was no GFCI on the hairdryers. It will prove to be a costly mistake. As we have previously explained, the penalties for the trademark violation are equivalent to the MSRP of genuine articles, or in this case almost $330,000; the penalties for importations contrary to law is equivalent to the domestic value of the imported merchandise, which is likely far less than the $330,000 figure and equivalent to, more or less, the price actually paid for the merchandise. I am sure any penalty in this case will be for at least $330,000.

You might be facing penalties from customs for importing counterfeit trademarked merchandise or for importations contrary to law. We can help. You can pay the penalty or, as we recommend, file a petition for mitigation to ask for a reduction in the penalty. Once the notice of penalty is sent, the recipient has either 30 days to pay the penalty or file a detailed petition arguing the legal bases for further mitigation (reduction) or cancellation of the penalty. We recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full. Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).

If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, 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 penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

 

Counterfeit Sunglasses Seized by Customs

Customs made another high value seizure of counterfeit merchandise being imported into the United States with infringing trademarks under 19 USC 1526. Customs seized 377 cartons of “Ron-Bei” sunglasses that they allege infringe the “Ray-Ban” trademark. This would be a good seizure and penalty case for our customs lawyer to defend, because it’s arguable whether the goods are counterfeit. The manufacturer’s suggest retail price, if the counterfeits were genuine, is $1,619.550. That is what the penalty amount will be calculated from.

We previously discussed, in a two article series, the dangers of importing counterfeit trademark merchandise into the United States, how it can result in seizure, monetary penalties, and how the importer can defend it. This story underscores the importance of everything we discussed in those articles: Importing Counterfeit Trademarks – Customs Seizures & Penalties; Part 1 and Part 2  (click to read). 

Let’s have a look at the story (original HERE):

Counterfeit Sunglasses Seized By Customs
Counterfeit sunglasses with an estimated manufacturer’s suggested retail price (MSRP) of $1,619,550 seized by U.S. Customs and Border Protection officers at the Port of Savannah.

CBP officers discovered the shipment of sunglasses in a container that was selected for examination. During the inspection, officers discovered that the items bore a similar trademark to the Ray Ban Sunglasses logo. The items contained logos and similarities on the hang tags and the sunglasses that infringes Ray Ban’s trademark.

Ray Ban is an international company owned by Luxottica Group S.P.A. Luxottica Group is a manufacturer of eyewear with more than 7,100 optical and sun retail stores in North America, Asia-Pacific, China, South Africa, Latin America and Europe. In addition to a global wholesale network involving 130 different countries, the Group manages leading retail chains in major markets in North America, Asia, China, and Latin America.

CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods. Detailed information about recording intellectual property rights and reporting intellectual property infringement to CBP can be found on the CBP website.

Whoever wrote up this news release for customs should get a little money from Ray Ban for the free product pitch in the middle paragraph. 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.

Money Seized at Detroit Airport for Bulk Cash Smuggling, Failure to report

A lady had money seized at Detroit airport by U.S. Customs & Border Protection (“CBP”) and the story made national news headlines. A lot of people have money seized at Detroit airport, so I’m not sure why this story generated such interest; in fact, many money seizure clients I’ve helped would make for more interesting news stories. I suspect that this story made the news because, I bet someone (herself or her attorney) chose not to file an administrative petition for remission but went the court-route, by filing a CAFRA seized asset claim.

Here is the full AP story (quoted below) which got the story about the money seized at Detroit airport from the Detroit News. This woman has the bad luck to have her story broadcast across country, but hers is not much different than many of the airport customs money seizures that take place everyday in Detroit, Chicago, and elsewhere.

ROMULUS, Mich. (AP) — A 78-year-old Florida woman tried to fly on an international trip from Detroit Metropolitan Airport with almost $41,000 in cash hidden inside her girdle, bra and carry-on bag, federal authorities said. A complaint filed Friday in U.S. District Court in Detroit said the Clearwater woman was trying to board a flight April 2 to the Philippines with her daughter.

She initially said she had $200 in cash but submitted a form declaring she had $1,200, prompting questions. During a search, Customs and Border Protection officers found $8,000 in wallets in her carry-on bag, $4,000 sewn into a cloth pouch and nearly $1,000 in envelopes, according to the complaint.

Detroit Metro Airport Currency Seizure
International Arrivals at DTW

She then told them she had $3,000 in her blouse and $2,000 sewn into the strap of her bra. Officers continued to search and said they found about $21,000 in her girdle. The woman told authorities that she had recently sold her home for $120,000, wired some money to the Philippines and had planned to carry a portion of the money with her. “She stated that she did not wire the proceeds to the Philippines this time because she thought it was safer to carry the money,” according to the complaint.

Federal law requires travelers to declare if they are carrying more than $10,000. The woman hasn’t been charged, but the government in the forfeiture complaint said it wants to keep the money. The Detroit News reported details of the request Friday. Federal court records don’t list a lawyer for the woman. The Associated Press left a message Saturday seeking comment from her at a telephone listing in Florida.

The Detroit news story identifies the woman as Victoria Farren and gets into the details a bit more by explaining that a lot of the money she was carrying was sewn into various articles of clothing like her bra strap, blouse, girdle, and a cloth pouch; these facts takes her case out of the realm of a mere failure to report monetary instruments or currency exceeding $10,000 and into the category of bulk cash smuggling (that is, active efforts to conceal the money), which can make it a lot harder to get the money back.

Have your money seized at Detroit airport?

If you’ve had money seized at Detroit airport, the Ambassador Bridge, or the Detroit-Windsor-Tunnel, you can learn more 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.