Outbound Customs Currency Seizures to Mexico

Posted by Jason P. Wapiennik on August 25, 2014

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:

Customs Seizure & Penalty for Counterfeits and Uncertified Engines

Posted by Jason P. Wapiennik on August 21, 2014

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 manufacturer’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

Posted by Jason P. Wapiennik on August 19, 2014

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.

Counterfeit Sunglasses Seized by Customs

Posted by Jason P. Wapiennik on August 14, 2014

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 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

Posted by Jason P. Wapiennik on August 12, 2014

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.

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.

CBP Seizes $28K+ in Unreported Currency

Posted by Jason P. Wapiennik on July 29, 2014

Customs seizes more currency from a traveler, this time at the Philadelphia airport. As reported by customs, more than $28,000 was seized from a Nigerian man travelling from London. 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.

The story told below is common among our currency seizure clients; their money was returned and they were not arrested, which indicates that customs did not suspect that the seized money was being transported as part of any criminal activity. Here are the details from customs:

BALTIMORE — U.S. Customs and Border Protection (CBP) officers seized more than $25,000 Wednesday from a Nigerian man at Baltimore Washington International Thurgood Marshall Airport (BWI) for violating federal currency reporting regulations.

The passenger, who arrived to BWI from London, United Kingdom, reported to a CBP officer that he possessed $6,000. During a secondary inspection, the traveler reported to a second CBP officer that he possessed $8,000 and 800 British Pounds.

During a baggage examination, CBP officers discovered $25,316 in U.S. Dollars, 1,385 in British Pounds and 450 in Euros, and a few Nigerian Naira. The combined currency totaled $28,280 in equivalent U.S. currency.

CBP officers seized the U.S. currency and Naira, and returned the Pounds and Euros to the man for humanitarian relief. CBP officers also advised the traveler how to petition for the return of his seized currency.

There is no limit to how much currency travelers may bring to, or take from the U.S.; however, federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency. Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges.

“Customs and Border Protection reminds all travelers that the easiest way to hold on to one’s currency is to truthfully report all of it to a CBP officer,” said Dianna Bowman, CBP Port Director for the Port of Baltimore.

If you have had money seized by Detroit CBP/customs, 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

Customs Wood Packaging Material Violations In The News Again

Posted by Jason P. Wapiennik on July 24, 2014

Wood Packaging Material violations and penalties should be something you don’t hear about in the news anymore. But WPM violations and the penalties that come with them, still rear their head everyone once in a while. We authored an article on everything you need to know about Regulated Wood Packaging Material violations and penalties, which discussed the elements of a violation, possible resolutions for the importer who is facing re-export of WPM, and notice of penalty for importations contrary to law for WPM violations.

The reason this should be something that don’t hear about anymore is because the restrictions on WPM have been in place since 2005… the trade community was given ample time to comply. Yet still, almost 10 years

later, customs released a C-TPAT alert for non-compliant wood packaging material violations. The whole alert is HERE, but I quote some parts below:

The purpose of this C-TPAT Alert is to inform all C-TPAT Partners, particularly its sea carriers, of recent interceptions of non-compliant wood packing material (WPM) used in flat rack cargo carried by ocean vessels traversing the Mediterranean.

WPM is defined as wood or wood products (excluding paper products) used in supporting, protecting, or carrying a commodity. Some examples of WPM include: bins, cases, cratings, reels, load boards, boxes, containers, pallets, skids, dunnage and crates. Snails and other pests may infest non-compliant wood packing material. These pests are regulated under the Federal Plant Protection Act. Snail

infestations of WPM is just an example of a threat that targets the world’s agriculture and the Nation’ food supply. With the ever increasing amount of trade, the threat to U.S. crops and livestock is real.

The commodities with the highest incidence of WPM pests include: manifested WPM; machinery (including auto parts); metal products; and stone products (including tile).
Other high risk commodities include electronics and electronic components, finished wood articles, plant products and foodstuffs.

Please read our article including everything you need to know about WPM violations by CLICKING HERE.

If you have been informed that you wood packaging material is in violation of the law and needs to be re-exported, immediately call or e-mail office at (734) 855-4999 and we can prepare an application to separate violative wood packaging material so that, if it is granted, you do not have to undergo the time and expense of re-exporting the merchandise you are trying to import.

If you have received a notice of penalty or liquidated damages and are being told you must pay as a result of the violation, immediately call or e-mail our office at (734) 855-4999 and we can prepare a petition for mitigation of the penalty amount.

Never pay full price in a penalty proceeding!

Customs Seizes $410k from Traveler leaving United States

Posted by Jason P. Wapiennik on July 22, 2014

Below is a news release concerning a customs currency seizure of more than $410,000 (and a vehicle) for failure to report and bulk cash smuggling (concealing money in a door panel is predictably ripe for allegations by customs of bulk cash smuggling).

Based on the fact that the man was arrested and the the prevalence of drug money seeping across the U.S.-Mexico border, it seems highly likely that something illegal was happening here. However, innocent people who simply failure to report the amount of currency they are transporting get their currency seized and confiscated by customs everyday at airports and land borders. These people can get their money back with the if they follow the right steps to respond to their currency seizure.

Even though this person was arrested, they have the right to try to get the money back by proving legitimate source and legitimate intended use. The CBP news release also correctly states the person can petition to have the seized money returned, but there are other options, too: a claim could be filed which initiate judicial forfeiture of seized currency, and I occasionally there are cases where making an offer in compromise makes sense.

CALEXICO, Calif. — U.S. Customs and Border Protection officers working at the Calexico downtown port of entry Wednesday arrested a man after discovering more than $410,000 in unreported U.S. currency, hidden in the doors of the vehicle he was driving.

The incident occurred at about 7:15 a.m., on June 25, when CBP officers were conducting southbound inspections of travelers heading to Mexico through the Calexico border crossing. Officers targeted a 1998 Ford Expedition SUV and referred the driver and vehicle for a more in-depth examination.

Officers utilized the port’s imaging system and discovered anomalies within the Expedition’s rear doors. A CBP currency and firearms detector dog alerted to the area, leading officers to the discovery of several wrapped packages of U.S. currency concealed inside the rear doors of the vehicle. Officers extracted a total of 14 packages containing $410,980 in cash from the SUV

Officers extracted a total of 14 packages containing $410,980 in cash from the SUV.

The driver, a 32-year-old U.S. citizen and resident of Los Angeles, was arrested and turned over to the custody of Homeland Security Investigations agents for further processing. He was later transported to the Imperial County Jail to await criminal arraignment.

CBP seized the vehicle and currency.

It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 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.

We handle currency seizure cases that occur at the Detroit airport and land border crossings like the Detroit/Windsor-Tunnel and Ambassador Bridge on a regular basis, and have been very successful in getting our client’s money back from customs. If you have had money seized by Detroit CBP/customs, 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando. Please read these other articles from our customs law blog:

CBP Seizes a $34K in Unreported Currency from Turkey-Bound Man at Washington Dulles

Posted by Jason P. Wapiennik on July 17, 2014

Customs can seize money from passengers transporting more than $10,000 when leaving the country, not just when entering the country. Recently, customs released an account of a customs money seizure where the person was leaving the United States at an airport and travelling to Istanbul, Turkey. It resulted in over 34,000 seized by customs/CBP for failure to report. This story is below.

When customs seizes your currency after arriving at an airport or border crossing you should keep calm and contact us. Even though it seems like the end of the world, there are legal steps that can be taken to get your money back through forfeiture remission proceedings. For instance, this passengercan get their money back by proving legitimate source and legitimate intended use and follow the right steps to respond to their currency seizure. On to the story (ORIGINAL HERE):

STERLING, Va. — U.S. Customs and Border Protection (CBP) officers seized $34,149 from a passenger departing to Istanbul, Turkey at Washington Dulles International Airport Monday for violating federal currency reporting regulations.

The passenger, a naturalized U.S. citizen from Turkey, was departing with his family when CBP officers asked how much currency he possessed. He initially reported $7,500, but then wrote down $15,000 after officers explained the currency reporting law to him.

During the CBP inspection, the passenger presented two bundles of $100 bills, $20,000 in total, from his handbag. Officers discovered an additional $10,000 in a carry-on bag, and $4,149 in the man’s wallet. A currency verification resulted in a total of $34,149.CBP seized the currency and released the man to continue his travels.

There is no limit to how much currency travelers may bring to, or take from the U.S.; however, federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency. Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges.

“U.S. Customs and Border Protection officers permit travelers multiple opportunities to truthfully report all currency in their possession, and this traveler failed to comply. The easiest way to hold on to one’s currency is to truthfully report all of it to a CBP officer,” said Stephen Kremer, Acting CBP Port Director for the Port of Washington.

The man was not criminally charged.

In addition to currency enforcement, CBP routinely conducts inspection operations on arriving and departing international flights and intercepts narcotics, weapons, prohibited agriculture products, and other illicit items.

Travelers are encouraged to visit CBP’s Travel webpage to learn rules governing travel to and from the U.S.

The story also notes that man was not criminally charged, although the failure to report itself is crime. When crossing the border with cash or monetary instruments, remember to stay calm and report anything in excess of $10,000 USD. The vast majority of our client’s have had their money taken by customs at the airport or at the land borders because of miscommunication, ignorance of the reporting requirement, confusion, fatigue from travel, and other times because of unfair, if not necessarily illegal, enforcement tactics used by customs.

We handle currency seizure cases that occur at the Detroit airport and land border crossings like the Detroit/Windsor-Tunnel and Ambassador Bridge on a regular basis, and are very successful in getting money back from customs. If you have had money seized by Detroit customs/CBP, 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando. Please read these other articles from our customs law blog:

Failure to Declare Jewelry at Chicago Customs

Posted by Jason P. Wapiennik on July 14, 2014

Recently, customs in Chicago made a large seizure of jewelry from an arriving passenger for a failure to declare jewelry that was purchased abroad. The full story, which I quote below, is a lesson in the penalties for violations of 19 USC 1497, which is the law that allows seizures and penalties for a passenger’s failure to declare jewelry and other imported merchandise.

We have written more extensively on what a failure to declare is, and what the consequences are, at this link: Failure to declare under 19 USC 1497.

This failure to declare will prove to be a costly mistake. There are three things the importer must do to get out of this mess:

Pay the original duties ($30,043.75)
Pay any penalty levied (maximum $691,553)
Get the jewelry back (petition for remission after the notice of seizure)

The penalty will, no doubt, be issued for the full amount allowed by law which is the value of the seized property. The importer will have 60 days to either pay the full penalty or request a penalty reduction based on customs mitigation guidelines for failure to declare. Those guidelines basically state that for commercial violations of this type he should end up paying anywhere from 3 to 8 times the duty that was owed. That means somewhere between $90,000 and $240,000.

If ever I saw a person in dire need of a customs lawyer, this is it. If you’re out there and reading this give me a call at (734) 855-4999.

CHICAGO —U.S. Customs and Border Protection (CBP) officers at Chicago O’Hare International Airport seized a cache of jewelry worth almost $700,000 on Thursday. A 65-year-old U.S. citizen was selected for examination by CBP officers as he arrived from Paris via a flight London.

The passenger claimed nothing on his Automated Passport Control (APC) declaration, his written declaration and confirmed to CBP officers that he had not made any purchases or acquisitions on his trip. Upon examination of his baggage, CBP officers noticed receipts for various boxes containing what appeared to be high end jewelry, invoices and receipts. Some lose jewelry was discovered concealed in pockets of articles of clothing within his luggage. A total of 29 high value jewelry pieces were identified.

Upon discovery of the jewelry, the passenger provided CBP officers with the values of each item and stated that he works as jewelry distributor in the United States. Computer checks indicated that the passenger has imported jewelry in the past on several occasions.

The total estimated domestic value of all 29 items is $691,553. The jewelry was seized under 19 USC 1497, failure to declare. The passenger faces a maximum penalty equal to the domestic value of the undeclared merchandise and forfeiture of the jewelry. Had the passenger made a proper declaration, he would have paid $30,043.75 in duty.

As mentioned above, the importer can respond to customs’ notice of seizure and the subsequent notice of penalty with the Fines, Penalties, and Forfeitures office by filing a petition for mitigation and ask customs to return the property and 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 may bring a lawsuit against them 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 had a failure to declare jewelry to Customs or had other property seized by customs call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. Once your merchandise is seized, Customs may issue a penalty for the violation of law itself. If you have received a notice of penalty from U.S. Customs call our office immediately to discuss the possibility of filing a petition to reduce the penalty amount.

We are able to assist petitions and in seizures by customs nationwide.