Category: Currency Seizure

Customs Currency Seizure of $100k

Posted by Jason P. Wapiennik on June 25, 2015

U.S. Customs seized over $100,000 from some Mexican nationals leaving the United States. This is a different scenario from the usual airport currency seizure case we handle. In this instance, it appears that the people transporting (smuggling) the money are facing criminal prosecution because their names are being used.

The full story is here, but is excerpted below:

Two Mexican nationals were arrested on Tuesday for failing to report more than $100,000 in U.S. currency when they attempted to drive into Mexico through the Port of Douglas.

U.S. Customs and Border Protection officers conducting outbound inspections selected a Chevrolet truck, driven by Dennis Armando Brown-Lopez, 43, for further inspection when he and Maria Delia Barrientos-Romero, 45, both of Agua Prieta, Sonora, Mexico, attempted to cross into Mexico.

After officers discovered the currency hidden with the truck, they processed the vehicle and currency for seizure, and referred Brown and Barrientos to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

If you have had your currency seized, please 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:

Over $265,000 Seized by Customs at Brownsville

Posted by Jason P. Wapiennik on June 23, 2015

Currency seizures by U.S. Customs & Border Protection come in all sizes and every different set of circumstances imaginable. The vast majority of our clients have their currency seized when they are arriving or departing the United States at an airport by Customs for an alleged failure to report, bulk cash smuggling, or for structuring violations.

They say everything is bigger in Texas, and that also goes for currency seizures. Here in Michigan, we share a very larger border with Canada, but Canada does not have the same reputation as Mexico. So you can imagine the reasons people are transporting more than $10,000 between the United States and Mexico.

Here is one of the those stories that recently hit the news that involves seizure of $267,617 in two separate incidents. The first seizure was effect on a 74 year old man for $217,617, and the second was a 21 year old man with $50,000.

74-year-old male United States citizen from San Benito, Texas, was referred to secondary inspection, officers detected packages, which later resulted being unreported U.S. currency hidden within the vehicle.

On June 12 CBP officers working at the Brownsville and Matamoros International Bridge came in contact with a green 1999 Dodge Caravan as it attempted to make entry into the United States from Mexico. The driver, a 74-year-old male United States citizen from San Benito, Texas, was referred to secondary for further inspection. During the inspection and with the use of a vehicle non-intrusive imaging system, officers detected packages, which later resulted being unreported U.S. currency hidden within the vehicle. Officers removed and seized multiple packages of bulk U.S. currency totaling $217,617.

On June 13 CBP officers working outbound operations at the Brownsville and Matamoros International Bridge came in contact with a brown 1999 Chevy Tahoe as it attempted to exit the United States into Mexico. Officers referred the driver, a 21-year-old male United States citizen residing in Matamoros, Mexico for further secondary inspection. During the examination, CBP officers discovered five packages of bulk U.S. currency hidden within the vehicle, totaling $50,000.

$39K in Unreported Currency by U.S. Customs at Houston Airport

Posted by Jason P. Wapiennik on June 16, 2015

U.S. Customs and Border Protection seizes a lot of money. In the last fiscal year, customs seized more than $81 million dollars in “undeclared or illicit currency.” On June 6, Customs seized over $39,000 in cash from a traveler arriving from Nicaragua. The story says it was seized for a “failure to properly report currency” exceeding $10,000, however, the fact that the money was tucked away in the pockets of 3 different pairs of jeans could give Customs enough facts to allege that it was concealed for the purposes of evading the report requirement — otherwise known as bulk cash smuggling.

U.S. Customs and Border Protection officers working at George Bush Intercontinental Airport, June 6, seized over $39,000 after a traveler failed to properly report the money as required by U.S. law.

Some of the money was stored in the pocket of the traveler’s clothing.

The traveler, a 39-year-old U. S. citizen, arrived from Managua, Nicaragua and was enroute to Los Angeles, California.

While conducting an enforcement operation, CBP Officers encountered the traveler, and asked if he was transporting more than $10,000 in either currency or other monetary instruments. The traveler reported he was transporting $7,800; however, a search of his luggage discovered U.S. currency tucked in the pockets of three pair of jeans packed in his suitcase. The total amount of currency seized was $ 39,162.

The currency was seized for failure to properly report currency in an aggregate amount exceeding $10,000.

“International travelers are provided multiple opportunities to truthfully report the amount of currency they are carrying,” said CBP Port Director Charles Perez. “Those who refuse to comply with the federal reporting requirements face the risk of having that currency seized.

“There is absolutely no limit to the amount of currency a traveler can bring into or take out of the United State,” Perez added. “The only requirement is to report amounts that reach or exceed $10,000.”

Travelers report currency by completing FinCEN Form 105 and giving it to a CBP officer. Currency is not limited to U.S. currency, but includes all negotiable monetary instruments such as Traveler’s Checks, money orders and securities. A complete list of negotiable monetary instruments is available on FinCEN Form 105.

Some of that money might be connected to illegal activity but a lot of that money is also from innocent, arriving travelers, confused about the currency reporting requirement. This appears to be one of those innocent cases where, for whatever reason (be it panic, ignorance, or unfair questioning), he only reported $7,800 instead of the nearly $40,000 that he was carrying. Because Customs has not disclosed his name, it sounds as though criminal charges were not filed yet.

Money Seized, Smuggling Prevented by CBP in Yuma

Posted by Jason P. Wapiennik on May 28, 2015

CBP is reporting on a story of a bulk cash smuggling seizure of $25,000 in Arizona.

Coincidentally, we are in the process of preparing an article on the consequences of bulk cash smuggling currency seizure cases and how they differ from money seizure for a simple failure to report amounts over $10,000. The bulk cash smuggling charges are far more serious than the (already serious) failure to report charges. If you’ve had your cash seized for bulk cash smuggling under 31 USC 5332 (more on that law HERE) then you really need an attorney — that’s because even when legitimate source and intended use are proven — you could still lose all of your cash because it was smuggled.

Here’s the story, told along with other various exploits of Yuma CBP:

Friday night, an immigration inspection of a Greyhound Bus in Blythe, Calif. resulted in the seizure of $25,000 from a female Legal Permanent Resident Card holder. The female had the cash taped to her waistline. She claimed she was just transporting the money. The currency was seized as per Yuma Sector guidelines and the female was released.

If you have had money seized by CBP and don’t know what to do, call our office at (734) 855-4999 or 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, San Francisco, Miami, and many other places, and not just locally in Detroit. Please read these other articles:

Philly CBP Seizes $50K from Traveler Arriving from Germany

Posted by Jason P. Wapiennik on May 18, 2015

U.S. Customs and Border Protection seized $50,000 cash at a Philadelphia airport from a traveler arriving from Frankfurt, Germany. No criminal charges have been filed yet. The guy, when asked how much he was travelling with, told CBP a couple hundred bucks. Turns out he had about $50,000 more tucked away in a toiletry bag.

This is actually a pretty common occurrence. Why don’t people tell the truth? Well, panic can cause people to act irrationally. Uniformed law enforcement officers asking terse questions can throw anyone off guard, especially the unsuspecting traveler who was just trying to sleep upright on a 9 hour flight with screaming children two rows back. And oftentimes people don’t know the law, and Customs will usually not explain it to you, if at all, as they should.

Let’s have a look at the story…

CBP officers referred the man and his baggage, several shopping bags and a carry-on bag for a comprehensive secondary examination. He declared, on his Customs Declaration Form and verbally, that he possessed no currency. As CBP officers started inspecting his baggage, the man declared to possessing a “couple hundred dollars.” A CBP officer then discovered a stack of currency concealed inside a toiletry bag, which prompted the man to declare $50,000. The inspection revealed a total of $50,303.

There is no limit to how much currency travelers may bring to, or take from the U.S. However, federal law requires travelers to complete financial reporting forms for any amount that exceeds $10,000 in U.S. dollars or equivalent foreign currency. Travelers who refuse to comply with federal currency reporting requirements risk having their currency seized, and may potentially face criminal charges.

CBP officers provide travelers with multiple opportunities to report truthfully all of their currency.

“We hope that this seizure is a lesson for all travelers that the easiest way to hold on to their currency is to truthfully report it to a CBP officer,” said Susan Stranieri, CBP Port Director for the Area Port of Philadelphia.

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:

Don’t Talk About Your Customs Currency Seizure Case

Posted by Jason P. Wapiennik on April 30, 2015

When Customs or Homeland Security wants to discuss your Customs currency seizure case with you after filing a petition, by telephone or in person, including the contents of your petition, the sources of the money, or intended uses of the money… DECLINE. The scenario:

You foolishly decided to file your petition for remission of forfeiture for your seized currency without hiring a lawyer because you didn’t read our article about currency seizures. A few weeks has passed and you haven’t heard anything. On a quiet day you get a call from a blocked phone number, out of curiousity you answer it. The caller says:

“This is Special Agent Johnny Customs from Homeland Security Investiations. Is this the person who filed a petition for seizure of currency in Case Number 2015-3807-0000005-01?”

“Yes,” you answer, shocked.

“I’d like to ask you some questions about your petition.”

Upon hearing it, you panic. Hopefully you don’t say anything stupid or that can be interpreted as suspicious. This is a very real situation and a common occurrence.

Politely decline to speak with them. Then keep calm, and immediately contact your Customs Attorney.

The reason is as old as the hills: never talk to law enforcement. It can only go badly for you. Even though Customs is not your local police officer or the FBI, U.S. Customs, Immigration and Customs Enforcement, and Homeland Security Investigations agents and officers are all the same; they are police. The same Customs Money Seizure goes for a paralegal specialist. If you don’t believe us then watch this YouTube video called “Don’t Talk to Police“. You might be really motivated to talk because you want your money back. But the guy who wants to interview you really does not want to give it back. The system is adversarial and any interview will be designed to work against you.

The request for an interview has happened when our law firm has filed petitions for returned of seized currency and the petition is referred to Homeland Security Investigations for further investigation or “technical review” (a topic we briefly discussed in our article about the length of time it takes Customs to decide a petition). I consider these interview requests a scare tactic to convince the petitioner to abandon the seized currency. I have had a homeland security agent try to bully me into producing my client for an interview and threaten that if my client did not abandon the currency, they would conduct a full-scale financial investigation, and involve the Homeland Security attache’s office in the country where the money came from. No one wants to believe that about their government or their country but there is no other way to interpret it other than bullying.

A good petition to retrieve seized currency gives Customs everything necessary in writing. Consequently, there is ABSOLUTELY NO GOOD REASON to participate in a telephone or sit-down, face-to-face interview, and talk about where the money came from, what was its intended use, or the events that led to the seizure (like the failure to report). The interview is designed to make you uncomfortable, intimidate you, uncover incriminating facts, or give Customs enough information deny your petition to get the money back.

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

CBP Seizes $38 Million so far in FY 2015; $15k from Nigerian Traveler

Posted by Jason P. Wapiennik on April 16, 2015

In the story below, CBP officers in Houston seized more than $15,000 from a Nigerian traveler at the George Bush Intercontinental Airport who was leaving the country for Nigeria. The story gives us some new interesting figures; so far for this fiscal year Customs has seized nearly $38 million from people all across the nation. Last year they seized a total of $81 million, or $650,000 per day. That’s a lot of cash!

Now the story itself is unremarkable so I’m not sure why it merited a “news release” from Customs. This is the typical situation where we represent our currency seizure clients; when they make an inaccurate report to Customs. Here’s the text:

U.S. Customs and Border Protection officers working at George Bush Intercontinental Airport seized $15,841 from a traveler flying to Nigeria.

The 38-year old Nigerian man was waiting to board a flight to Lagos, Nigeria when CBP officers asked him if he was transporting more than $10,000 in monetary instruments. The traveler declared carrying $6,400 of his own and another $4,400 for a friend.

CBP officers advised the traveler that currency reporting requirements for anyone arriving and departing the U.S. must be declared on CBP Form 503 and the declaration must include all currency. The traveler was allowed to complete the required form but when officers verified the amount of currency, an additional $5041 and about $74 in Nigerian currency were discovered in the traveler’s backpack.

CBP officers found a total of $15,841 in U.S. currency which was seized for attempting to export currency exceeding $10,000 without filing a report. The Nigerian currency was returned to the traveler for humanitarian purposes as he was flying into that country.

“There is absolutely no limit to the amount of currency a traveler can bring into or take out of the United States,” said Houston CBP Port Director Charles Perez. “The only requirement is to declare amounts that reach or exceed $10,000.”

From Oct. 1, 2014 through Mar. 30, 2015, CBP officers nationwide seized nearly $38 million.Last fiscal year, officers averaged $650,117 in undeclared or illicit currency seizures per day totaling more than $81 million, nationwide.

Travelers can avoid seizure by declaring currency when the amount reaches $10,000. International travelers carrying more than $10,000 into or out of the United States must report the amount they are transporting or risk the currency’s seizure.

Currency declarations are made by completing FinCEN Form 105 and giving it to a CBP officer. Currency is not limited to U.S. currency but all negotiable monetary instruments including Traveler’s Checks, money orders and securities. A complete list of negotiable monetary instruments is available on FinCEN Form 105.

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:

US CBP Seizes $10.6M Cash in Caribbean in FY 2014

Posted by Jason P. Wapiennik on March 24, 2015

Last year, U.S. Customs & Border Protection — CBP — in Puerto Rico and the U.S. Virgin Islands seized $10.6 million dollars in unreported currency, smuggled bulk cash, or unlawful currency structuring violations. Last year I called that an overwhelming amount of seized currency.

Most of these customs currency seizures occur at airports, ferry crossings, etc. CBP for Puerto Rico and the U.S. Virgin Islands reported their annual fiscal year statistics for 2014 and this currency seizure number has more than doubled. That is more than overwhelming, it is tremendous… the story also compares currency seizures with those in California, Texas, New Mexico, and Arizona. All areas in which drug smuggling is pervasive.

In Puerto Rico and the U.S. Virgin Islands, CBP officers and agents seized over 51,043 pounds of narcotics with an estimated street value of approximately 650 million and seized approximately $10.6 million in unreported currency in FY 2014, which runs from October 1, 2013 to September 30, 2014.

But later the story says:

Furthermore, $8.4 million of currency interdictions were reported and over 80 firearms were seized.

$8.4M or $10.6M? Who’s counting over there?! And this is the same government that seizes currency for any mis-report who can’t get their facts straight for their news releases.

U.S. Customs Seizes $17k Cash at Dulles Airport

Posted by Jason P. Wapiennik on March 19, 2015

U.S. Customs and Border Protection (CBP) seized more than $17,000 from a woman returned to the United States from the United Arab Emirates last week at at Washington Dulles International Airport. She only declared $9,000 but was in possession of more than $17,000, making all of the money subject to seizure. The original here, excerpt below:

The woman arrived on a flight from the United Arab Emirates and stated she was in possession of $9,000. She was referred for a secondary inspection where she repeatedly declared possessing $9,000. During a baggage examination, a CBP officer found a total of $17,575. CBP officers seized the $17,575, returning $1,000 to the traveler for humanitarian relief, and advised her how to petition for the return of the rest of the currency. [Note: read our tips and see a sample petition for remission here)

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.

“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 her currency. The easiest way to hold on to your money is to report it.”

The Privacy Act prohibits releasing the traveler’s name since she was not criminally charged.

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:

U.S. Customs Seizes $28k Outbound to Mexico

Posted by Jason P. Wapiennik on March 17, 2015

A relatively small amount of currency was seized from a Mexican couple leaving the United States last week at the southern border. The story, which comes to us from a CBP news release, makes no mention of arrest of the couple so it’s a fair assumption that there was no arrest.

Shortly before 8 a.m. on March 10, the Eagle Pass Enforcement Team – comprised of CBP officers from the Port of Entry and U.S. Border Patrol agents – inspected a 2002 Ford F-150 pickup truck as it departed the United States, bound for Mexico, via the Eagle Pass International Bridge I. Upon inspecting the pickup, which was occupied by a man and woman from Piedras Negras, Coahuila, Mexico, Enforcement Team officers discovered a large quantity of one-hundred dollar bills. Officers seized a total of $28,100 in undeclared currency.

What happens to the seized currency now? Well, it will be forfeited and become property of the U.S. government unless a person with an interest in the property makes an offer in compromise, files a claim, or files a petition with CBP’s Fines, Penalties & Forfeitures office to get the money back. The money can only be returned once a legitimate source and intended use of the money is proven. In most of our client cases, we file a petition. If you want to know what a petition for return of seized currency should include, read our article on Filing a Petition for Seized Currency.

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: