Category: Currency Seizure

Dulles CBP Seized $46K in Money from Airport Traveler

CBP at Dulles airport seized $46,000 from a man traveling to Cameroon. He reported having $30,000, but CBP found $16,628 more tucked away inside his carry-on bag (ahem, bulk cash smuggling). The full story is here, with my comments on the excerpt below:

U.S. Customs and Border Protection (CBP) officers seized $46,628 in unreported currency (ahem, failure to report) from a man traveling to Cameroon at Washington Dulles International Airport on Monday.

CBP officers conducted random outbound inspections of passengers boarding a flight to Brussels, Belgium and asked a U.S. citizen how much currency he possessed. The man reported verbally that he had $30,000 and completed a U.S. Treasury Department form (FINCEN 105). During a subsequent examination of the man’s carry-on bags, CBP officers discovered a total of $46,628 in U.S. dollars.

U.S. Customs and Border Protection officers at Washington Dulles International Airport seized $46,628 in unreported currency from a U.S. citizen traveling to Cameroon on September 27, 2021.

. . .

CBP seized the currency and returned $628 to the man as humanitarian relief and released the man to continue his travel. CBP is not releasing the traveler’s name because he was not criminally charged.

Bad things can happen to you if you do not report your currency, read all about that at Long Term Consequences of Cash Seizure (or if you prefer to watch me talk about it, go to my YouTube video on the topic)

Has Dulles CBP seized your cash?

If Dulles CBP has seized your cash, we urge you to call us for a consultation before considering doing it yourself. You probably will not be happy with the outcome if you do, based on Dulles’ aggressive posture in most cases. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

U.S. Money Seized by Customs (CBP) Stacked on a Table with Envelopes

Dulles Airport Cash Seizure Nets CBP $40K

A Dulles airport cash seizure resulted in a $40,000 loss for a Ghanaian man who had his money seized by U.S. Customs & Border Protection (CBP) for allegedly falsely reporting having only $10,000, while he had hid another $30,000 within packages in his luggage. The hiding of the money is bulk cash smuggling, and the report of only $10,000 is a failure to report violation.

Dulles airport cash seizure showing $40,00 stacked on a table with envelopes
CBP officers seized $40,019 from a Ghanaian man for violating federal currency reporting laws at Washington Dulles International Airport on December 5, 2015.

The story, which we are including below, says that the person was told by Dulles CBP how to file an administrative petition for return of the “rest of the currency”. Here’s the truth about that: if the CAFRA notice of seizure alleges bulk cash smuggling (which is very probably based on what we are told here), then this person might only get back half of his money, or less, for the violation.

 This is why you should never take legal advice from someone who’s not a lawyer, and especially from a customs officer who just seized your money.
It may be more beneficial for this man to file a CAFRA seized asset claim form or make an offer in compromise, not a petition. If you’re wondering how best to handle your Dulles airport cash seizure or one that occurred somewhere else by customs,  contact us and read all we have written about customs money seizures.

The Dulles airport cash seizure news release excerpt, as told by CBP:

U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized $40,019 Saturday from a Ghanaian citizen for violating federal currency reporting regulations.

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 U.S. dollars or equivalent foreign currency.

A man was boarding a flight to Ghana and was selected for questioning by CBP officers who were conducting an outbound enforcement operation on an international flight.  The man completed a financial form, reporting $10,000, however; a total of $40,019 was discovered — $10,019 on his person and $30,000 in his luggage secreted inside two computer boxes.  CBP officers seized the $40,019 and advised him how to petition for the return of the rest of the 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 Wayne Biondi, CBP Area Port Director for the Port of Washington Dulles. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

 

U.S. Currency Seized by CBP Wrapped In Rubber Bands and Black Plastic on a Table

Unreported Bulk Cash of $112k Seized by CBP

Nearly $112,000 in unreported bulk cash was seized by U.S. Customs (CBP) officers from a U.S. citizen heading into Mexico last week. In its news releases CBP almost always calls the seized cash “unreported” or “undeclared” even when its apparently hidden for the purpose of evading the requirement to report more than $10,000 in cash to Customs. But this news release correctly calls it unreported bulk cash because it was was found “hidden within the vehicle.”

Unreported bulk cash seized by CBP wrapped in rubber bands and black plastic
Bundles of unreported bulk cash seized by CBP at the Brownsville port of entry wrapped in black plastic

The seizure took place on Wednesday, Dec. 2, when CBP officers working at the Brownsville and Matamoros International Bridge came in contact with a black 2007 Chevy Tahoe as it attempted to exit the United States into Mexico. The driver, a 25-year-old male United States citizen from Brownsville, Texas, was selected for a routine outbound inspection. CBP officers referred the vehicle to secondary for further inspection. During the examination, CBP officers utilized a non-intrusive imaging system and detected anomalies within the vehicle. A physical search of the Chevy Tahoe resulted in the discovery of multiple packages of bulk U.S. currency totaling $111,456 hidden within the vehicle.

This is classic unreported bulk cash smuggling laws, and as we explain in that article on the topic, means that even if legitimate intended source and use of the money are proven, a very high rate of forfeiture will apply; meaning that in the best case scenario the unreported bulk cash smuggler will get 50% of his money back from Customs, and at worst, 0%.

Unreported bulk cash consequences

In unreported bulk cash smuggling cases a person may face criminal charges, or may just face civil forfeiture and civil monetary penalties for the violation. If you have had unreported bulk cash seized by Customs, get your free currency seizure consultation.

Two red envelopes with Chinese characters on them and stuffed with U.S. dollars.

Why some Chinese travel with cash leading to airport seizures

One question I face from most Americans when I tell them that our customs law firm helps people recover from money after customs money seizure is, “Why would anyone travel with all that money?”

Two red envelopes (hongbao) with Chinese characters on them and stuffed with U.S. dollars.
Some Chinese bring money in red envelopes (hongbao) for the Chinese new year celebration to give to family

It’s a good question.The answer? Many foreign governments, China in particular, restrict the amount and method that its citizens can take from the country via capital-controls; when the economy tanks or the currency is devalued, it increases the desire to move the money into another country before the market gets worse.

A few years ago the Wall Street Journal did a story about rich Chinese trying to get their money out of China, in the form of cash, that illustrates this point. The story is Chinese Fly Cash West, by the Suitcase and it provides some insight into why people travel with Cash from China, and why Customs seizes this money from them at airports:

China restricts private citizens from taking out more than $50,000 per individual per year. While it is hard to enforce these restrictions, Chinese authorities are scrutinizing outgoing private cash amid a broad anticorruption drive and as worry grows over the risks of capital flight.

The money seized at airports represents just a sliver of private Chinese money pouring out, but highlights that Chinese citizens are turning to one of the oldest and simplest methods to evade those controls: taking cash out in a suitcase.

The articles goes on to say:

From 2009 to 2011, U.S. airport customs officers seized over $5 million in undeclared cash from Chinese citizens, according to U.S. Customs and Border Protection. That is 8.4% of the total seized and more than double the nearest amount for another nationality.

Transporting large amounts of cash isn’t necessarily illegal. Travelers must declare cash over $10,000 when they land in Canada or the U.S. Most undeclared cash is temporarily seized and subject to fines. If customs agents believe the cash comes from illegal activities, the onus is on the traveler to prove otherwise before it is returned.

I would correct this final paragraph with a few legal subtleties. If any amount of money is undeclared to customs, all of the money transported may be seized and, if legitimate source and use are not proven to Customs, will be forfeited forever (i.e., lost). This burden is on the traveler whether or not Customs believe the cash comes from illegal activities. It must always be proven.

Moving cash from China subjects a person to fines in China:

In China, violators of Beijing’s rules on moving out cash are also subject to fines. From 2007 to 2011, China’s State Administration of Foreign Exchange levied such fines totaling 1.27 billion yuan ($202 million), according to the most recent data available.

The story goes on to state that seizures from 2009 to 2011 dramatically increased at airports in Los Angeles, Chicago, Detroit, Houston and San Francisco for money seized by Customs from Chinese nationals. But the numbers seized by U.S. Customs were smaller than that seized by Canadian customs. Apparently because property rules rules and investor visas are easier to obtain.

The New York Times also published a story we tweeted about:

I’m sure the cash is flooding the U.S. market now for the same reasons. Customs will seize unreported money from any Chinese traveler or immigrant at any U.S. airport if they catch them.

CBP Seized $45k cash in Nassau

CBP has preclearance centers which are basically the same as customs in the United States, but just located in a foreign country; this is to facilitate travel and enforcement of the laws. One such law enforced at preclearance centers is the requirement to report more than $10,000 being transported into the United States. CBP has pre-clearance in the Bahamas.

Over the weekend, Customs seized $45,000 in Nassau from one or more people for failing to report currency over $10,000, and tweeted a picture of the seizure:

This was responded to by a tweet that made me smile: “What are you going to do with it?” Classic! CBP has not responded (in fact, they may have deleted the tweet?). But here’s our answer so you will know what customs does with seized cash. I went ahead and explained that customs does not always keep seized currency if the person can prove it came from a legitimate source and had a legitimate intended use by responding to the notice of seizure

Which caused another person to ask:

I responded that the best answer is is probably “Sometimes” and that the reporting requirement is actually “more than $10,000” not $10,000. Remember, I say sometimes because even if you make the an accurate report the money is still subject to seizure for other reasons, such as a suspicion that it is connected to money laundering or some criminal activity.

I suspect this Nassau customs cash confiscation of $45,000 is the result of more than one currency seizure for failure to report. That’s because the picture cash in the picture does not appear to add up to $45,000, but somewhere around $30,000 (assuming each stack is $1,000).

Don’t forget to follow Great Lakes Customs Law on Twitter!

 

U.S. Customs Confiscates $50k in Cash at Texas Airports

Customs officers confiscated a total of nearly $50,000 from international travelers at Texas airports in the last few weeks alone. Specifically, the cash seizure by customs was at San Antonio International Airport and at Dallas Fort Worth International Airport. The first story involves $16,000 of currency that sounds like it was structured by an adult father and daughter traveling together in order to evade the reporting requirement. The story finishes by stating that in the last fiscal year (ending October 31), CBP seized more than $81,496,161 ($81.5 million!) in undeclared or illicit currency.

San Antonio Airport picture of $16,000 in unreported currency.
San Antonio International Airport discovered a pair of travelers carrying over $16,000 in unreported currency.

On Nov. 3, CBP officers working at the San Antonio International Airport discovered a pair of travelers carrying over $16,000 in unreported currency.  The travelers, who are citizens of Mexico and traveling together, arrived separately to CBP for processing and each reported they were traveling alone.  

Both who claimed to be traveling alone and reported carrying less than $10,000. However when question furthered, the travelers, a father, 53 and his daughter 27 admitted that they were in fact traveling together.  The amount of currency discovered among their belongings added up to $16,000.   The currency was seized for failure to properly report currency in an aggregate amount exceeding $10,000.

The second story involves a single traveler leaving for Argentina who reported only having $9,000, but really had more than $33,000 (tsk tsk). In addition, the money was not in a single location but was in “several envelopes stashed among his belongings.” The fact that it was stashed may give rise to bulk cash smuggling as a second ground for seizure beyond the failure to report.

Three days later at the Dallas Fort Worth International Airport CBP officers seized currency from a traveler who was departing the United States head to Argentina.  The passenger reported $9,000 in his possession, however when CBP officers completed the currency verification, more than $33,400 was discovered.  The cash was found in several envelopes stashed among his belongings. CBP seized the currency.

Cash that was discovered in several envelopes stashed among belongings.
The cash was found in several envelopes stashed among his belongings. CBP seized the currency.

International travelers with negotiable monetary instruments valued at $10,000 or greater in their possession must complete a form FinCEN 105, Report of International Transportation of Currency or Monetary Instruments according to U.S. law.  Negotiable monetary instruments include currency, personal checks that have been endorsed, travelers’ checks, gold coins, securities or stocks in bearer form.

Philly CBP Seized $27k: Unreported & Concealed

Customs seized the equivalent to about USD $27,000 from a couple arriving from Belgium (the author of the story calls this Belgian couple a “Belgium couple”). Apart from that typo, the story is interesting because it seems to involve bulk cash smuggling. Bulk cash smuggling is when money is concealed with the intent to evade the reporting requirement.

Here, the couple reported travelling with €6,000, verbally and in writing. But, upon inspection, the CBP found and confiscated $14,321 and €11,567 “concealed inside a wallet, including inside the wallet lining”. Having the money in a wallet itself, and inside a sport coat pocket are not suspicious in and of itself… but the location of the money together with the failure to accurately report anywhere near the total amount being carried would give customs the cause to seize the cash for bulk cash smuggling. The original is here, excerpt below:

U.S. Customs and Border Protection (CBP) officers seized $27,001 in unreported currency from a Belgium couple for violating federal currency reporting requirements at Philadelphia International Airport on Tuesday.

The couple reported that they possessed 3,000 Euro each, both verbally and on their CBP Declaration form. During a routine secondary examination, CBP officers discovered $14,321 U.S. dollars and 11,567 Euros concealed inside a wallet, including inside the wallet lining, and inside a sport coat pocket. The currency equated to $27,001 in equivalent U.S. dollars.

The article says it was seized for reporting violations, so it’s not entirely clear they alleged bulk cash smuggling. Only upon receipt of the notice of seizure will the reasons be finalized.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:

  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?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case
  14. Understanding CBP’s Election of Proceedings Form

$830K Seized for Bulk Cash Smuggling

When is a 2010 Dodge Journey worth almost a million dollars? When there is $830,000 dollars hidden in the dashboard.

CBP has broad search authority. In fact, not only do they have largely unfettered discretion to search at the border (not only land borders but airports), but they also have broad search authority at the “functional equivalent” of the border. The current state of the law in this area means that, among other things, CBP may pull over cars within 100 miles of the border and question those inside if they have reasonable suspicion of unlawful activity. If you want to learn more, read this nice summary of the law.

This 100-mile border search authority is the context for the following news release:

TEMECULA, Calif.—U.S. Border Patrol agents arrested a man Tuesday who had hidden large quantities of cash behind his SUV’s dashboard.

The incident occurred at approximately 2 p.m. when agents patrolling Interstate 15 stopped a 2010 Dodge Journey. The 54-year old Mexican national driver was unable to answer routine questions consistently.

A K-9 sniff of the man’s vehicle resulted in a positive alert, agents then brought the vehicle to the I-15 checkpoint to conduct a more thorough search. At the checkpoint, agents put the vehicle on a lift and discovered a hidden compartment behind the dashboard. The compartment contained 61 bundles of cash.

In total, the bundles contained $830,060 in U.S. currency. The man was arrested and charged with bulk cash smuggling.

If you have had currency seized from Customs do not try to respond yourself but hire our firm, because we know what we are doing and have successfully handled many cases like yours. If you have questions, please give us a call at (734) 855-4999. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:

  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?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case

Understanding CBP’s Election of Proceedings Form

What is an election of proceedings form?

Upon receipt of a notice of seizure for unreported currency by Customs, you will see that CBP asks you to complete an “election of proceedings form.” This article is intended to help you understand what the form is and what can be done with it. As always, you should consult with a lawyer before communicating with Customs and deciding how to handle your seizure case.

What’s the purpose of an election of proceedings form?

The CAFRA Election of Proceedings Form.
The CAFRA Election of Proceedings Form tells Customs how you want to proceed with your currency seizure case

This election of proceeding form does exactly that: it tells Customs how you want to proceed with your currency seizure case (or other property seizure case, for that matter, but we here are limiting this to CBP currency seizure cases) under various different laws and procedural options. This form presents you with a variety of options, all of which are explained in some legal detail on the form itself:

  • Petition Administratively
  • Officer in Compromise
  • Abandon Any Claim or Interest
  • File a Claim for Court Action

You should only choose what option is best for your case after consulting with a lawyer; often a petition makes sense, but there are many times when a claim or offer in compromise is strategically the best decision to get your seized cash back from customs.

What box should I check on the form, and should I file a claim?

You should not blindly sign and returning documents to Customs without completely understanding what you are doing. As CBP’s notice of seizure says, you can only elect/choose one option. Prior to contacting our office for a consultation, you may find our article about responding to a currency seizure an aid to your understanding of the currency seizure process.

I often see client’s mistakenly send in both an election of proceedings form that says they want to file a petition and a CAFRA Claim Form. These are clients who have started the process by themselves and quickly get frustrated and lost in procedural details, who finally seek our help to get their seized cash back from customs.

You cannot sign the election of proceedings form requested that CBP consider a petition, and then also simultaneously file a “CAFRA Seized Asset and Claim Form”. The two exclude each other; you cannot do both at the same time. You must either file a petition, file a claim, make an offer in compromise, or abandon your interest.

What does each option do?

Again, the election of proceedings form goes into a good amount of legal detail that we won’t repeat here. But basically:

  1. Filing a petition keeps the proceeding with Customs, to be decided by the port’s Fines, Penalties & Forfeitures Officer;
  2. Filing the CAFRA Seized Asset Claim Form removes the decision from Customs FP&F and puts the case in front of a federal judge;
  3. Abandoning your interest does just that, relinquishes your interest in the property; and,
  4. Making an offer in compromise essentially is an avenue for someone to make a settlement offer to the government to settle a “questionable” (i.e., implausible) claim or controversy, and the offer in compromise laws must be strictly complied with.

There are often very good reasons for filing a claim. But, when filing a claim, you should understand that submitting the CAFRA Seized Asset Claim Form will take the decision before a Federal district court judge. That means you will have to appear at a Federal district court on several occasions, exchange written discovery, take and have your deposition taken (that is, sworn testimony under oath and recorded), likely make and respond to several pre-trial motions (such as motion for summary judgment or motion to dismiss), and ultimately,  have your “day in court” with a real judge and real government prosecutor’s cross-examining you about the circumstances of the seizure and your finances.

As stated, the analysis of “what box to check” should not be undertaken with consulting with an attorney who knows the customs laws. This article is not a substitute for the legal advice you would receive from a law firm like us, so do not rely on it.

I’m confused about what to do. Now what?

If you have had currency seized from Customs do not try to respond yourself but hire our firm, because we know what we are doing and have successfully handled many cases like yours. If you have questions, please give us a call at (734) 855-4999. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:

  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?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case

CBP Seizes $180k at Mexican Border

While most of our currency seizure clients are have their money taken from customs at an airport, we occasionally represent people who have had their money seized at a border crossing, such as the Ambassador Bridge or the Detroit-Windsor Tunnel. In this story from CBP, Customs seized nearly $200,000 from a man traveling to Mexico by car. This sounds like a classic case of bulk cash smuggling, and is no doubt the reason for the seizure.

In this case, we could give the man the benefit of the doubt and presume the legitimate source is an inheritance from his rich Uncle; and the intended use, perhaps he was paying cash for a nice place on the Yucatan (we’ve handled stranger cases). If we assume he proves these two things, then this situation was completely avoidable. But now, even if criminal charges are ultimately not filed or if he is ultimately found not guilty of a crime, he will still face civil forfeiture of the money and, if he wants it back, will have to fight for its return administratively, or in the courts.

Here’s the story (full version here):

Wood table filled with $180,000 dollars seized by the CBP.
Wood table filled with $180,000 dollars seized by the CBP on Oct. 14 after CBP officers working outbound inspections at the Hidalgo-Reynosa.

The seizure occurred on Oct. 14 after CBP officers working outbound inspections at the Hidalgo-Reynosa International Bridge referred a white 2001 Honda Civic for a secondary inspection. An inspection of the vehicle resulted in the discovery of several bundles of U.S. currency totaling $185,173 that was concealed within the Civic. CBP OFO seized the currency and the vehicle as well.

CBP OFO arrested the man who were [sic] subsequently released to the custody of Homeland Security Investigations (HSI) agents for further investigation.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today (you can read our popular page on Responding to a Customs Money Seizure HERE). 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:

  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?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case