Category: customs cash seizure

Detroit Airport Currency Report Sign

Inaccurate Cash Report to CBP in Dulles

Posted by Jason P. Wapiennik on

Recently, CBP Dulles seized almost $47,000 from a man leaving the United States for Ghana at Dulles airport. The reason for seizure? An inaccurate cash report to CBP.

In other words, someone lied about how much cash they had when asked by Customs. His inaccurate cash report was way off. He was off by $37,000! Even though here he was really off, giving an inaccurate cash report to CBP in any amount can result in a seizure for failure to report. Even if it’s just a $1.

That’s why when you travel near or around the $10,000 mark, you’ve got to be sure that you carefully count everything and know how much you are transporting and how much those you are traveling with are also transporting (so you don’t get caught in a currency structuring violation).

U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized $46,290 on Saturday from a Ghanaian man for violating federal currency reporting regulations.

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 reported $10,000, however; a total of $46,290 was discovered on his person and in his luggage. CBP officers seized the $46,290, returned $1,290 in humanitarian relief, 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.”

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.

Did you make an inaccurate cash report to CBP?

If you made an inaccurate cash report to CBP at Dulles or had money seized at the airport, you can learn more from our trusted legal guide to a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

A picture of the more than $150,000 cash taken by CBP officers in Hidalgo, Texas.

Cash Taken by CBP in Hidalgo

Posted by Jason P. Wapiennik on

Over $150,000 in cash was taken by CBP officers in Hidalgo, Texas, recently, when a 33 year old U.S. citizen who, apparently, decided to take some spending money with him on a trip to Mexico. Or not.

Like always, this cases where cash is found hidden in a vehicle it is almost certainly bulk cash smuggling. It’s very likely that, if you’ve got $150,000 hidden in your vehicle and wrapped in plastic bundles, you’re up to no good. But not always; maybe it’s rental car, or borrowed from someone else who likes to hide cash. It’s not likely, but I have former clients who were involved in stranger scenarios.

One thing I’d like to point out, as I must always do in these stories about cash taken by CBP… bulk cash smuggling, as described here, is when money is hidden with the intent to not report it to CBP. This does not appear to be a simple failure to report! Bulk cash smuggling is far more serious in terms of consequences and in the difficulty and skill involved in attempting to get the money back. The story:

Officers with U.S. Customs and Border Protection, Office of Field Operations (OFO) working outbound operations at the Hidalgo International Bridge arrested a man from Roma, Texas after discovering $150,202 in unreported U.S. currency within the vehicle he was driving.

CBP officers working outbound operations at the Hidalgo-Reynosa International Bridge on April 11, encountered a 33-year-old male U.S. citizen driving a silver GMC Terrain SUV at  the lanes the exit into Mexico. After the primary inspection, the driver and vehicle were referred for further examination and it was there that officers discovered four packages of U.S. currency hidden within the cargo area of the SUV.

CBP OFO seized the unreported currency, the vehicle and arrested the driver who was then released to the custody of Homeland Security Investigations (HSI) agents for further investigation.

 “Our ability to deploy officers at the outbound lanes (going into Mexico), allows CBP Field Operations to target travelers who may be attempting to circumvent reporting requirements of merchandise or currency,” said Port Director Efrain Solis Jr., Hidalgo/Pharr/Anzalduas Port of Entry. “People who choose not to comply with export regulations may be conducting business in an illicit manner and CBP will assert its authority to safeguard against these types of violations.”

It is not a crime to carry more than $10,000, but it is a federal offense not to declare currency or monetary instruments totaling $10,000 or more 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. An individual may petition for the return of currency seized by CBP officers, but the petitioner must prove that the source and intended use of the currency was legitimate.

Have you had cash taken by CBP?

If you’ve had cash taken by CBP, you can learn more about the process 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 checkpoint at the Detroit-Windsor Tunnel border crossing, with vehicles in the foreground.

Over $350k per day in cash seized by CBP in 2015

Posted by Jason P. Wapiennik on

CBP tweeted the other day about cash seized by CBP in 2015, and drug seizures. On “a typical day,” CPP seized $356,396 in cash nationwide; based on the number for the Detroit field office, $27,581 was seized “on a typical day” in Detroit.

Because CBP Detroit was #2 in the nation for currency seizures based on total amount of seizures (totaling $10M), a large part of that national average is due to the efforts of CBP Officers at the ports in the Detroit Field Office, most especially the officers at Detroit Metropolitan Wayne County Airport.

The cash seizures are from you run-of-the-mill everyday traveler who are bringing money to the United States for tuition, medical treatment, and to establish a new life; other times, the cash seizures are part of a cash smuggling operation bringing the money into or out of the United States to further the illicit narcotics trade across the borders.

In Detroit, our experience is most of these cases are run-of-the-mill travelers coming into the United States with legitimate money that’s intended to be used for legitimate sources. With our experience and good documentation, we are help to get cash back from Customs after seizure.

The lesson? Prevent seizure of cash by reporting all currency, fully, accurately, and completely to U.S. Customs & Border Protection before they have a chance to stop and question you about it. Don’t be like the poor folks who had their cash seized by CBP in 2015, be sure to report your money. Remember, the duty it yours to report the transportation of more than $10,000 into or out of the country before you are ever asked to make a report!

A CBP Officer displays a large bag of seized currency in an evidence bag. Money seizures are a common occurence for CBP.

Money seizures are always good, says CBP

Posted by Jason P. Wapiennik on

Here’s a great video from a local news station in the Rio Grand Valley about some of the more interesting seizures that CBP iat that port encounters. It talks about the length to which some people go to hide drugs, but at about the 1:15 mark the public affairs liaison says “money seizures are always good.”

He’s right, you know. CBP has great capabilities in detecting and seizing unreported, smuggled, or structured currency into or out of the United States; CBP can and does target people for money seizures based on factors like, origin or destination, length of stay, time of year, along with obvious factors like nervousness or obvious signs of deception.

Money seizures are good, unless you’re not CBP.

CBP are experts and making money seizures, so you need an experienced law firm on your side to get seized money back from CBP. You can learn more about the process 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.

$45,000 of cash seized in envelopes by CBP laid out in 3 rows of 15 on on a wood table with a CBP logo

CBP Seized $45,000 Cash in Envelopes

Posted by Jason P. Wapiennik on

Dulles CBP seized cash in envelopes from a man en route to Belgium last Sunday. According to the story,

$45,000 of cash seized in envelopes by CBP laid out in 3 rows of 15 on on a wood table with a CBP logo
CBP at Dulles Airport seized $45,000 for failure to report the cash to customs.

the man reported having $30,000 only after being stopped. In reality, he had a total of $44,922.

The officers told him how to petition for return of his cash, but why would anyone take legal advice from a non-lawyer, especially law enforcement that just seized a stash of cash hidden in envelopes? This is why we offer a free currency seizure consultation, and why we’ve provided some guidance on options other than filing a petition; such as a claim and offer in compromise. Here’s CBP’s story:

U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized $44,922 Sunday from a Maryland man 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 Belgium 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 $30,000 however; a total of $44,922 was discovered within two envelopes on his person. CBP officers seized the $44,922 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 Patrick Orender, CBP Assistant 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.”

Has CBP seized cash in envelopes from you?

If you’ve had cash seized in envelopes at Dulles or another airport, you can learn more from our trusted legal guide to a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Being Forced to Abandon Cash to Customs can Occur by Signing an Election of Proceedings form or Notice of Abandonment form

Forced to Abandon Cash to Customs?

Posted by Jason P. Wapiennik on

Were you forced to abandon cash to Customs (CBP) after it was seized? Occasionally I get called by someone who says they were forced into abandoning their money while they were being detained and questioned by CBP. We can help.

Why abandon cash to CBP?

The decision to abandon cash is usually coerced by the threat of arrest, threatening statements concerning

Being Forced to Abandon Cash to Customs can Occur by Signing an Election of Proceedings form or Notice of Abandonment form
Option to Abandon Claim or Interest on CBP’s Election of Proceedings Form

prior violations with Customs (for money seizures or other incidents), criminal convictions, or

because person carrying the cash does not want miss their flight, or are told if they abandon it they will not be further questioned.

A chance of being forced to abandon cash by customs is of the many, many, many, many reasons why you should never talk to CBP after a currency seizure; instead, assert your constitutional right to remain silent.

Can I get abandoned cash back from CBP?

At least when done during a detention, abandoning cash might not mean that you have no option to get the money back from CBP. Certainly, it makes the chances of retrieving the cash abandoned to customs harder, but perhaps not always impossible.

Much will depend on how the cash was abandoned. You will probably have been told to sign something, which could either be an election of proceedings form or something like a “notice of abandonment of all rights and interest in property,” which says:

I understand that I have a right to assert a claim in the seized property described above and to seek return of the property. With full knowledge of those rights, I hereby abandon any and all claims I may have to that property. I waive my right to receive notice of future administrative or judicial proceedings involving the property. I also waive any further right to contest the administrative or judicial forfeiture of the property described above.

This particular abandonment language has been successfully challenged in court, based on due process violations, coercion, and lack of a knowing and intelligent waiver. In other words, it could be challenged if were you forced into it and had no idea what you were signing and what it meant.

Beyond this, whether an abandonment can ever be successful is another interesting question. There appears to be no particular customs law on abandoning property, such as the laws written concerning administrative petitions, claims, and offers in compromise. Although it’s always an option presented in the CBP election of proceedings form, the form references no statutes or regulations, it simply states:

You may abandon the property or state you have no claim to or interest in it .  . . . The government may proceed with forfeiture proceedings or address claims from other parties concerning the property, without further involving you.

The option does not say if abandoning the property is final, or irrevocable. It also tries to relieve CBP of their duty to provide notice. But, even an argument can be made about whether CBP can waive their obligation under the law to provide notice.

But could an administrative petition be filed with CBP to get back seized cash? Maybe! Could a CAFRA seized asset claim form be filed? Maybe! Could an offer in compromise be made? Maybe! There’s a lot of unsettled questions of law in the area of abandoning cash seized by CBP, to the point where I question whether it could really be irrevocably abandoned.

That leaves a lot of room to negotiate for it’s return, either through CBP or the U.S. Attorney’s Office. That means there’s a fairly decent chance of settling a cash abandonment case.

Were you forced to abandon cash to Customs (CBP)?

The process of getting seized cash back from CBP is, obviously, long, complicated and fraught with numerous problems. You need the advice of a customs lawyer, not this article (which is not legal advice). If you were forced to abandon cash to Customs, you can learn more about the process 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.

Cash from China seized in Red Envelopes

Cash From China Seized Due to Capital Controls

Posted by Jason P. Wapiennik on

Late last year, we wrote about Chinese nationals taking their cash out of the country by the suitcase. A suitcase full of cash coupled with a failure to report that cash to Customs will result in a seizure. We receive calls frequently from people who have had their cash from China seized by U.S. Customs & Border Protection (CBP).

But why do folks risk getting cash from China seized? Another story in the Wall Street Journal called “In Reversal, Cash Leaks Out of China” from way back in 2012, explains it; capital controls limit how much money can be taken out of the country, which has led to the create of an industry of service providers that help Chinese take cash out of the country, for those who don’t have the courage (or are too smart) to carry it out in a suitcase. For those who want to read more, there is also great article about Chinese capital controls.

Here’s excerpts from the Wall Street Journal article, with my emphasis in bold:

Wealthy Chinese citizens are buying beachfront condos in Cyprus, paying big U.S. tuition bills for their children and stocking up on luxury goods in Singapore, frequently moving cash secretly through a flourishing network of money-transfer agents. Chinese companies, for their part, are making big-ticket foreign acquisitions, buying up natural resources and letting foreign profits accumulate overseas.

[ . . . ]

China officially maintains a closed capital account, meaning it restricts the ability of individuals and businesses to move money across its borders. Chinese individuals aren’t allowed to move more than $50,000 per year out of the country. Chinese companies can exchange yuan for foreign currencies only for approved business purposes, such as paying for imports or approved foreign investments.

In reality, the closed system has become more porous and the rules are routinely ignored. “The wealthy in China have always had an open capital account,” says Eswar Prasad, a Cornell University economist and former International Monetary Fund official.

Zheng Nan recently spent €300,000 ($390,000) on a beachfront condo in Cyprus. At 50 years old, he says he is retired from selling telecommunications gear in China for foreign manufacturers. “My plan is to spend winter there because of the pollution in Beijing,” he says. “And we will be back for summer.”

China’s $50,000-a-year limit on moving capital out presented a problem for him. He says he got around the restriction by recruiting friends to move chunks of his money under their own names. Real-estate agents in China say that is a common practice that is largely tolerated by authorities.

[ . . . ]

A sprawling industry has developed to help Chinese get money out. Services range from the money-transfer agents to private jets that ferry money by customs officials unmolested, according to lawyers and brokers who help Chinese investors find investments abroad. Sometimes bank transfers by companies hide personal money being moved out, these people say. Another method is to piggyback personal cash atop legitimate export and import transactions, at times by using fake invoices, they say. People even carry bags of cash across the border.

Charlie Zhang, an agent in Shenzhen who matches wealthy mainlanders with real-estate investments abroad, says getting money out isn’t a problem.

“We suggest them to other people, some special channel, that can exchange money outside the banks, outside supervision,” Mr. Zhang says. “It’s not hard for people to solve this problem.”

Cyprus has become a popular investment destination for wealthy Chinese. The island nation in the Eastern Mediterranean gives permanent European Union residency to anyone who spends €300,000 on a property.

“People in China are rich,” says Arthur Cheung, a Hong Kong-based immigration consultant who matches Chinese buyers with foreign property sellers, including from Cyprus. “They just buy a passport or permanent residency like a Louis Vuitton bag.”

Source: http://www.wsj.com/news/articles/SB10000872396390443507204578020272862374326

Was your cash from China seized?

The process of getting undeclared currency seized by CBP back is long and complicated; most importantly, legitimate source and intended use must be proven. If you had cash from China seized , you can learn more about the process 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.

Undeclared Currency Seized by CBP

$5.9M in Undeclared Currency Seized in Texas

Posted by Jason P. Wapiennik on

CBP operates on a fiscal year that runs from October 1 to September 30. For fiscal year 2015, CBP in Laredo Texas field office reported some impressive seizure figures.  Most impressive for our purposes here the amount of undeclared currency seized by CBP Texas — $5.9 million dollars.

This story continues a series of stories we recently published about CBP’s annual currency seizure statistics both nationally, in the souther border states, and in the Detroit field office.

This undeclared currency seized figure, and figures for other seizures by CBP, are in story below:

During FY 2015, CBP officers at eight ports of entry extending from Brownsville to Del Rio that comprise the Laredo Field Office seized 164,418 pounds of narcotics that carried a combined estimated street value of $172 million. This represents a 49 percent increase over the total amount of drugs seized in FY 2014. Specifically, they seized 152,891 pounds of marijuana, up a whopping 54 percent over FY 2014; 5,519 pounds of cocaine; 5,005 pounds of methamphetamine, up 36 percent from FY 2014; 1,003 pounds of heroin, up 31 percent from FY 2014, $5.9 million in undeclared currency, 32 firearms and 7,372 rounds of ammunition.

South Texas CBP officers in FY 2015 determined that a total of  52,809 non-U.S. citizens were inadmissible to the U.S. due to violations of immigration law, a 33 percent increase over FY 2014.

Have you had undeclared currency seized by CBP?

The process of getting undeclared currency seized by CBP back is long and complicated; most importantly, legitimate source and intended use must be proven. If Border Patrol seized cash from you, you can learn more about the process 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.

Picture from incident where Border Patrol seized cash showing a black bag with vacuum sealed items inside

Border Patrol Seized Cash at Checkpoint

Posted by Jason P. Wapiennik on

In this story, Border Patrol seized cash from suspected criminals who were traveling near the I-35 checkpoint in Laredo, Texas. Not only cash was seized, but also a handgun and a lot of marijuana, too. A check point is a place further away from the border than a border-crossing where Border Patrol agents may stop a vehicle for questioning and possible referral for secondary inspection.

Why Border Patrol agents and not Customs officers, specifically? U.S. Customs & Border Protection consists of both Customs officers and Border patrol agents, which are separate offices. Border Patrol agents have authority to operate within the “border zone”, which the area within 100 miles of the U.S. border. You can read more about the 100-mile border zone.

On March 4, 2016, Border Patrol agents from the Laredo Sector Border Patrol thwarted an attempt to smuggle drugs, currency and a weapon at the IH-35 Checkpoint.

Border Patrol agents assigned to the Border Patrol Checkpoint on Interstate Highway 35 encountered a truck at the primary inspection lane.  The driver and passenger were being questioned regarding their immigration status, and were subsequently referred by agents to secondary for further inspection of the vehicle.

While at secondary, agents conducted a thorough inspection of the truck, finding several large duffle bags with bundles inside, a handgun and currency inside the vehicle.  The bundles tested positive for marijuana.  A total of 12 bundles were removed from the vehicle with a total weight of 252.8 pounds and a street value of $202,560.00 USD. The subject was placed under arrest, and the narcotics and subject were turned over to DEA.  The handgun was turned over to ATF.

Has Border Patrol seized cash from you?

The process of getting money back from CBP is long and complicated; most importantly, legitimate source and intended use must be proven. If Border Patrol seized cash from you, you can learn more about the process 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 Seized Cash $95,000 in AZ

Posted by Jason P. Wapiennik on

CBP seized cash from a Mexican heading back into Mexico on March 2. The cash was hidden in a cooler located in the passenger compartment of his vehicle, underneath some food and ice. This is definitely a case of “unreported currency” but, more accurately, it is also likely bulk cash smuggling. CBP seized the cash for presumably failure to report and bulk cash smuggling.

A male Mexican national was arrested Wednesday (March 2) for attempting to smuggle slightly more than $95,000 in unreported U.S. currency into Mexico through the Port of Lukeville.

U.S. Customs and Border Protection officers conducting outbound inspections selected a Chevrolet truck driven by a 45-year-old Mexican national for further inspection. During the search, officers found an ice chest between the front seats concealed compartment containing three packages of U.S. currency hidden beneath ice and food items. The cash was seized. The case have been referred to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations for further investigation.

“This is a collaborative effort by CBP, HSI, and DEA,” said Lukeville Port Director Peter Bachelier. “This formation is a “force-continuum” against the war on drugs and its proceeds. Our strategies are stronger and more accurate than ever.”

Source

The story doesn’t explicitly state that the seized cash was connected to drug trafficking, but in my mind, behind any suspicious movement of cash across the southern border looms the large shadow of the illegal drug trade. CBP seized the cash is investigating the entire situation.

Has CBP seized cash from you?

The process of getting money back from CBP is long and complicated; most importantly, legitimate source and intended use must be proven. If CBP seized cash from you, you can learn more about the process 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.