Customs Currency Seizure Assisted by K9

Customs seized currency at Dulles airport for failure to file a currency report for a man who repeatedly reported transporting only $8,000, but he was instead found with more than $20,000. Below is a picture from the customs news release that shows, apparently, the offending currency and it’s new owner, a German Shepherd. Alright, the German Shepherd will not become the new owner, as the story correctly points out anyone who has had their currency seized by customs has the right, among others, to petition to have the currency returned to them provided that they can establish a legitimate source for the money and show that it had a legitimate intended use. Here’s the story from Customs:

IAD K9 24k Seizure

STERLING, Va. — U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) at Washington Dulles International Airport seized $24,789 from a U.S. citizen Monday for violating federal currency reporting regulations.

The man, who arrived on a flight from Qatar, declared possessing only $8,000. While proceeding to the exit from the federal inspection area a CBP K9 enforcement officer led his partner, CBP currency detection K9 “Nicky,” over to sniff the traveler’s luggage. Nicky alerted and the officer asked the man how much money he was carrying. He declared $8,000. The officer then referred the traveler for a secondary inspection.

In secondary the man again declared possessing $8,000 to CBP officers. While examining the passenger’s luggage, CBP officers discovered an envelope containing $24,789. CBP officers seized the $24,789 and advised the traveler how to petition for the return of his currency.

CBP K9 ‘Nicky’ detected $24k in unreported currency a traveler concealed at Washington Dulles International Airport April 21, 2014.There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in monetary instruments, which includes 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,” said Frances B. Garcia, Acting CBP Port Director for the Port of Washington. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.

Like other law enforcement, Customs’ uses dogs to enhance it’s search capabilities at the border and in airports, and in this case, the dog was able to sniff out the currency, most likely because it contained trace amounts of narcotics, as I am told most U.S. currency does.

If you have had money seized by 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:

  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. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

CBP Officers Arrest Man with $165,000 in Unreported Currency at the Laredo Port of Entry

Customs money seizure news releases from U.S. Customs & Border Protection have been sparse since customs renovated with their website. But, after nearly two months, we have a new story about a recent customs currency case at the Mexican border. This story is a about a 60 year old Mexican national from Louisiana who was transporting $165,000 in currency on his body.

LAREDO, Texas – U.S. Customs and Border Protection officers and agents at the Laredo Port of Entry seized more than $150,000 in unreported currency as the result of a single enforcement action that resulted in the arrest of the man who had the currency in his possession.

Stopping the export of unreported currency is an important role in the overall scheme of hindering the flow of illicit proceeds at U.S. borders,” said Jose R. Uribe, Acting CBP Port Director, Laredo. “Laredo CBP officers and agents remain dedicated to the mission of applying export rules and regulations and hindering the cycle of these illegal outbound exportations.”

The interception of the currency occurred on Friday, April 11, while CBP officers and Border Patrol agents conducting outbound (southbound) inspections at the Lincoln-Juarez International Bridge came across a 2011 Honda Civic driven by a 60-year-old Mexican citizen from St. Amant, La. A CBP officer referred the male driver and vehicle for a secondary examination that resulted in the discovery of eight bundles containing approximately $165,000 in unreported currency on his person.

CBP officers seized the unreported currency, and the vehicle. The driver was arrested by CBP officers and turned over to Homeland Security Investigations (HSI) special agents for further investigation.

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the U.S.; however, if the quantity is more than $10,000, they will need to report it to CBP. “Money” means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, traveler’s checks in any form, money orders, and negotiable instruments or investment securities in bearer form. Failure to declare may result in seizure of the currency and/or arrest.

The original news release for this customs money seizure is available here.

The reason your currency was seized by customs may be different. The vast majority of my 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. If you have had money seized by 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:

  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. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

CBP at JFK Seizes Cocaine in Meat

Customs seized over 7lbs of cocaine from a man who apparently tried to smuggle it into the United States by hiding it in frozen chunks of meat from Trinidad. If CBP published statistics on stupid smuggling attempts that are bound to fail, this would go down as one of the stupidest smuggling attempts of the year.

Why is it so stupid? Because it is basically impossible to import meat into the United States without getting advance permission from either the FDA, USDA, or both — more on those restrictions HERE. Put simply, the problem is that the smuggler basically tried to hide something illegal in something that was illegal; typical smuggling attempts have people hiding illegal merchandise in or around perfectly legal merchandise.

Not only was this poorly planned for that reason, but who could ever doubt that a dog – trained for smelling both the presence of meat and narcotics – would not alert to cocaine wrapped in juicy chunks of meat? I mean, take a look at the picture below.

JAMAICA, N.Y. — An arriving passenger at John F. Kennedy International Airport had a different kind of ‘beef’ when encountered by U.S. Customs and Border Protection Officers.Meat seized by CBP also contained cocaine

On March 20, CBP officers stopped Mr. Yudishtir Maharaj who was arriving on a flight from Port of Spain, Trinidad. During the course of the inspection CBP officers discovered three large
CBP at JFK Seizes Cocaine in Meatpackages of frozen meat within his luggage. When probed, the frozen packages of meat produced a white powder that tested positive for cocaine. Mr. Maharaj was arrested for the importation of a controlled substance and was turned over to Homeland Security Investigations. The total weight of cocaine seized is approximately 7.35 lbs.

“This latest seizure demonstrates the vigilance of our CBP officers, and their excellence in detecting those who would try to smuggle these illegal substances,” said Robert E. Perez, Director, Field Operations New York.

Mr. Maharaj now faces federal narcotics smuggling charges and will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

All defendants are considered innocent until proven guilty.

I do not represent narcotics smugglers, but a lot of innocent people and people acting in good faith or from a position of ignorance get their property seized by customs all the time. If you have had merchandise, property, orcash 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

Customs intellectual property enforcement through product seizures

Customs, like any other organization, sets goals and runs campaigns. In recent years there has been a focus on counterfeits, and products that infringe on trademarks, patents, or other forms of intellectual property. I know some folks who says customs doesn’t do enough in this regard. Nevertheless, touting its recent prowess in stopping a portion of the large amounts  of infringing goods flooding across the border, Customs recently released some news about its efforts for the 2013 fiscal year.

U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations today announced the comprehensive results of ongoing efforts to protect America from the illicit trade in counterfeit and pirated goods during Fiscal Year 2013. [ . . . ]

The number of [intellectual property rights] seizures increased nearly 7% from 22,848 in FY 2012 to 24,361 in FY 2013. The [manufacturer’s suggested retail price] of seized goods increased from $1.26 billion in FY 2012 to $1.74 billion in FY 2013 [Editor’s Note: this is the price of the counterfeit goods as if they were not counterfeit]DHS averaged slightly over 66 seizures per day, with an average MSRP of each seizure being slightly more than $71,500.

“Together with our [intellectual property rights] partners, CBP continues to guard the nation’s borders against counterfeit products,” said CBP Commissioner R. Gil Kerlikowske. “These products are not only unsafe and dangerous to consumers, but they also pose a threat to the economic security of our country.” 

“These numbers are the result of the hard work of the men and women of the Department of Homeland Security and the increased collaboration of our agencies through the IPR Center,” said ICE’s Principal Deputy Assistant Secretary Thomas S. Winkowski. “But a great deal more has to be done to protect the public from the health and safety threat that counterfeits pose to our society. We will continue to pursue these criminals and educate the public about the real threats that intellectual property crimes pose.”

[ . . . ] Consumers are reminded to remain vigilant when making online purchases. [Editor’s Note: Internet purchasers are responsible for their imports complying with the law!]

[ . . . ] Collaboration through the IPR Center led to 692 arrests, 401 criminal indictments, and 451 criminal convictions for criminal IPR infringement activities in FY 2013.

While the People’s Republic of China remains the primary source economy for counterfeit and pirated goods seized, with a total value of $1.1 billion, representing 68% of all IPR seizures by MSRP in FY 2013, DHS made seizures from 73 additional economies during FY 2013, including Hong Kong, India, Korea, Singapore, and Vietnam.

CBP is committed to seeking global solutions to the global trafficking in counterfeit and pirated goods. Notably, CBP engaged in a joint enforcement operation with China resulting in the removal of 243,000 items trading between the countries, and also concluded joint enforcement operations with France and Germany.

CBP and HSI protect businesses and consumers every day through an aggressive IPR enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods.

More statistical data is available by clicking HERE.

Importing infringing 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 infringing on someone’s intellectual property. 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 based on the maximum penalty the law allows for the type of violation.

The person 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 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 have had money or merchandise 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.

U.S. Customs Counterfeit Seizure & Penalty; Fake Purses

KFox14’s website has a recent story about a a counterfeit purse seizure by customs with a value of around $12,000. We have previously written articles on trademark infringement gray market goods and trademark infringement, which can help you understand the process more.

The story AVAILABLE HERE on KFox14’s website, in part, says:

In January, 39 Michael Kors purses suspected of being counterfeit were seized at an El Paso port of entry. The purses were part of an international shipment from Hong Kong that was selected for inspection. Officers who were examining the shipment identified the suspect bags and they were turned over to members of the CBP Intellectual Property Branch for further review, officials said.

 

[ . . . ]

The purses were found to be of poor quality compared to what the brand was known for despite having nearly identical markings, officials said. A notice of seizure was given to the consignee of the shipment on March 10. The value of the seized handbags was estimated at $12,285.

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 counterfeit. 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 a minimum of $12,285, or the equivalent of the value of the products if they were real. That is what the law says.

The person 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 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 have had money or merchandise 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.

CBP at JFK Seizes More Than $121,000 of Counterfeit Cash

Any customs lawyer will tell you that it’s better to get caught failing to report real currency than to get caught importing in counterfeit money. In this case, the law has served its intended purpose, as the following news release for a counterfeit currency seizure at JFK Airport in New York City clearly demonstrates

On February 21, 2014, CBP Officers selected [a traveler] for a random baggage examination [who] was returning from Lima, Peru and presented one checked suitcase for Zemanta Related Posts Thumbnailinspection. During the examination of his checked bag, the officer removed a cardboard diary box. The inside cover was sliced open revealing what appeared to be counterfeit U. S. $100 bills.

In total, $121,300 in counterfeit U. S. currency was concealed in one diary box, two wallets, one fabric box, and two cloth shoe racks. Mr. Rodriguez Ezeta was placed under arrest, and the counterfeit $100 bills were seized. The counterfeit currency and all evidence have been turned over to the Secret Service for further investigation, and [the individual will be] prosecuted by the U. S. Attorney’s Office Eastern District.

Based on these facts, it seems fairly clear that the person transporting the counterfeit currency knew it was counterfeit; I say that because of the concealment of the counterfeit currency in several places throughout his luggage. 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

CBP at JFK Seizes $150,000 in Counterfeit Currency

Any customs lawyer will tell you that it’s better to get caught failing to report real currency than to get caught importing in counterfeit money. You will note that this (counterfeit) cash seizure occurred as a result of the currency reporting requirement. The purpose of the currency reporting requirement is to do exactly this — catch people who are bringing in illegal (in this case counterfeit) money into the United States. In this case, the law has served its intended purpose, as the following news release clearly demonstrates

Jamaica, N.Y. — U.S. Customs and Border Protection (CBP) officers at John F. Kennedy International Airport seized 1500 counterfeit $100 Federal Reserve Notes (bills) last month.

On December 14, CBP officers selected Ciara Ryan for a random baggage examination. Ryan, 38 was returning from Colombia and had two bags in her possession. The first bag was examined by officers and was found to have a strong odor of glue coming from it. Upon further inspection, CBP found alterations to its bottom; within the alterations were several suspected counterfeit U.S. $100 bills.
A black leather satchel also in her possession was examined and found to contain more suspected counterfeit bills concealed within its lining. Ms. Ryan was placed under arrest and a total of 1,500 counterfeit $100 bills ($150,000) were seized. She will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

Based on these facts, it seems fairly clear that the person transporting the counterfeit currency knew it was counterfeit; I say that because of the concealment of the counterfeit currency in a false compartment in the bag and in the lining. 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

International Parcel Seizures by Philly CBP

I am sharing this story with readers of my customs law blog as it dovetails well with guidance recently provided to customs about customs liability for internet purchases. Although the seizures in questions below are certainly more of an intentional variety, but are nevertheless instructive because the parcel inspection and seizure process by customs is the same whether the goods are prohibited, restricted, or if there are mistakes made in the import process. In other words, importing steroids or illict street drugs is dramatically different from importing something that you are unaware is not properly marked with country of origin, or for which the shipper provided a incorrect value on the commercial invoice used during the customs declaration process.

On to the story from customs:

PHILADELPHIA – One of U.S. Customs and Border Protection’s lesser known enforcement priorities is examining incoming international parcels to hunt for a wide variety of prohibited and illicit products, such as weapons, narcotics, currency, insects and food. Hunting was good this past week.

Customs and Border Protection (CBP) officers at the international express courier facility near Philadelphia International Airport recorded six khat seizures totaling about 150 Zemanta Related Posts Thumbnailpounds, 140 tablets that contained codeine, and 16 vials of steroids.

The parcels were destined to Everett, Mass., Riverwoods, Skokie and West Dundee in Illinois, Minneapolis and Rochester in Minnesota, and Cromwell, Conn.

“We know that U.S. consumers will attempt to purchase products they know to be illicit or illegal from overseas sources through the internet. Our best advice to them is caveat emptor, buyer beware,” said Tarance Drafts, acting CBP Port Director for the Port of Philadelphia. “Inspecting international parcels for dangerous and illicit products remains a Customs and Border Protection enforcement priority. There’s a great chance we’ll get our hands on your purchase before you do.”

The seizures started February 27 when CBP officers intercepted a parcel manifested as “Adidas junior bags” destined for Cromwell, Conn. Officers x-rayed the parcel and detected an anomaly that proved to be 24 pounds, 4 ounces of khat.

CBP officers then made two khat seizures Wednesday, one weighed 22 pounds, 3 ounces and was in a parcel manifested as “document procedures” destined for Skokie, Ill. The second parcel, manifested as “reports,” contained 15 pounds, 14 ounces of khat destined for West Dundee, Ill.

CBP officers also seized the codeine tablets Wednesday in a parcel manifested as “samples” destined for Rochester, Minn. The tablets were a product identified as Solpadeine, which is an over the counter product in Europe, but the codeine makes it a Schedule III drug in the U.S.

Thursday seemed like Groundhog Day, as CBP officers made two additional khat seizures. The first, 23 pounds, 9 ounces, was in a parcel manifested as “mobile phone accessories” and destined for Minneapolis. The second, 16 pounds, 12 ounces, was in a parcel manifested as “project development group report” and destined for Skokie, Ill.

The final parcel Thursday contained 10 vials of 10 ml each of Decatest 350 and six vials of 10 ml each of Megabol 275. The parcel was manifested as “Non Documents Amino Methyl Propanal” and destined for Everett, Mass.

In the largest seizure this week, CBP officers seized 46 pounds, 15 ounces of khat today that arrived in a parcel manifested as “Decorative Artistic Handicrafts” and destined for Riverwoods, Ill.

The 150 combined pounds of khat has a street value of about $45,000.

Khat is a green, leafy plant typically grown in the Arabian Peninsula and chewed for its stimulant effect.

The Drug Enforcement Administration classifies khat as a schedule 1 narcotic – the most restrictive category used by the DEA – when the leaves are freshly picked. Its principal components, cathine and cathinone, are considered controlled substances in the United States. Please see the DEA Khat Fact Sheet.

The World Health Organization classified khat as a drug of abuse in 1980. It is chewed for its stimulant effect and retains its potency for up to 48 hours after being harvested.

CBP routinely conducts random inspections operations on passengers and air cargo searching for narcotics, currency, weapons and other prohibited or illicit products as part of its border security mission.

The individuals to who these seized shipments were destined will receive a notice of seizure from customs explaining the reasons for the seizure; they will then be asked to respond to the notice of seizure by affirmatively abandoning the property, petition for its return, and a few other choices. No matter how the notice of seizure is responded to, it’s possible that in addition to criminal charges, those connected with the importation of these items will also be facing a civil penalty for the unlawful importation.

If you have had merchandise or money 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, including Detroit, Cleveland, Chicago, Buffalo, New York, and Los Angeles.

Currency Reporting Violations and the Global Entry Program

As some of my currency seizure clients have come to find out, failing to properly report currency over $10,000 being transported out of the United States can result in removal from trusted traveler programs. This news release from my local port of Detroit by customs confirms it:

Detroit – U.S. Customs and Border Protection (CBP) at Detroit Metro Airport announces that three travelers enrolled in the Global Entry program have been removed due to zero tolerance violations of program rules.

Global Entry is a CBP program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. The program benefits CBP and participating foreign governments by allowing them to focus efforts on unknown and potentially higher risk air travelers, thereby facilitating the movement of trusted travelers in a more efficient and effective manner.

“Global Entry provides a level of trust not afforded to regular air travelers,” said Devin Chamberlain, CBP Port Director. “Violations of any kind will result in removal from the program.”

The violators, all returning U.S. citizens failed to declare personal use steroids and prescription drugs and failed to report the transport of currency over $10,000. Two events occurred February 26 and the last March 1, 2014.

If you have had money seized by 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:

  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. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures