A lady had money seized at Detroit airport by U.S. Customs & Border Protection (“CBP”) and the story made national news headlines. A lot of people have money seized at Detroit airport, so I’m not sure why this story generated such interest; in fact, many money seizure clients I’ve helped would make for more interesting news stories. I suspect that this story made the news because, I bet someone (herself or her attorney) chose not to file an administrative petition for remission but went the court-route, by filing a CAFRA seized asset claim.
Here is the full AP story (quoted below) which got the story about the money seized at Detroit airport from the Detroit News. This woman has the bad luck to have her story broadcast across country, but hers is not much different than many of the airport customs money seizures that take place everyday in Detroit, Chicago, and elsewhere.
ROMULUS, Mich. (AP) — A 78-year-old Florida woman tried to fly on an international trip from Detroit Metropolitan Airport with almost $41,000 in cash hidden inside her girdle, bra and carry-on bag, federal authorities said. A complaint filed Friday in U.S. District Court in Detroit said the Clearwater woman was trying to board a flight April 2 to the Philippines with her daughter.
She initially said she had $200 in cash but submitted a form declaring she had $1,200, prompting questions. During a search, Customs and Border Protection officers found $8,000 in wallets in her carry-on bag, $4,000 sewn into a cloth pouch and nearly $1,000 in envelopes, according to the complaint.
International Arrivals at DTW
She then told them she had $3,000 in her blouse and $2,000 sewn into the strap of her bra. Officers continued to search and said they found about $21,000 in her girdle. The woman told authorities that she had recently sold her home for $120,000, wired some money to the Philippines and had planned to carry a portion of the money with her. “She stated that she did not wire the proceeds to the Philippines this time because she thought it was safer to carry the money,” according to the complaint.
Federal law requires travelers to declare if they are carrying more than $10,000. The woman hasn’t been charged, but the government in the forfeiture complaint said it wants to keep the money. The Detroit News reported details of the request Friday. Federal court records don’t list a lawyer for the woman. The Associated Press left a message Saturday seeking comment from her at a telephone listing in Florida.
The Detroit news story identifies the woman as Victoria Farren and gets into the details a bit more by explaining that a lot of the money she was carrying was sewn into various articles of clothing like her bra strap, blouse, girdle, and a cloth pouch; these facts takes her case out of the realm of a mere failure to report monetary instruments or currency exceeding $10,000 and into the category of bulk cash smuggling (that is, active efforts to conceal the money), which can make it a lot harder to get the money back.
Have your money seized at Detroit airport?
If you’ve had money seized at Detroit airport, the Ambassador Bridge, or the Detroit-Windsor-Tunnel, you can learn more from our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.
Any customs lawyer will tell you that it’s better to get caught failing to report real cash getting caught importing counterfeit cash. Detroit CBP seized cash (counterfeit) 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.
You can educate yourself using our trusted “customs money seizure legal roadmap” as a guide to understanding what to do if Detroit CBP seized cash from you. In the particular case below, the the following news release clearly demonstrates why Detroit CBP does not allow anyone to under-report cash:
U.S. Customs and Border Protection (CBP) at the Detroit Metropolitan Airport announces the seizure of $32,300 in counterfeit U.S. currency from a Ghanaian citizen.
“This amount of counterfeit cash can inflict serious harm on a local economy.” says Devin Chamberlain, port director. “I am pleased that the officers’ attention to detail
Detroit CBP seized cash (counterfeit) at Detroit Metro Airport (DTW).
resulted in this seizure.”
On Sunday November 17, CBP officers encountered a male citizen of Ghana after he arrived in Detroit on a flight from Amsterdam. Because he did not complete a required customs declaration, CBP form 6059b, he was asked to complete this form while his passport was being checked. The traveler checked “no” that he was carrying more than $10,000 however reported to the officer verbally that he indeed had more than $10,000 and made an error on the form. A secondary search of his luggage resulted in the discovery of $32,300 in U.S. currency that CBP officers suspected, was counterfeit.
Agents from the U.S. Secret Service and Homeland Security Investigations were notified and responded. The counterfeit cash and traveler were turned over to Secret Service. The United States Attorney’s Office has accepted the case for Federal prosecution.
Based on these facts, I doubt the man knew that the cash seized by Detroit CBP was counterfeit. Nevertheless, his bumbling answer and the failure to accurately report in the first place in his being arrested and pending criminal charges.
Is it a crime to transport more than $10,000 without reporting it?
Yes, it is a crime to transport more than $10,000 without reporting it if you are entering or leaving the United States. There are both criminal and civil penalties for failing not report carrying more than $10,000, but not everyone is charged with a crime. A person can be charged criminally or just be responsible for a civil violation, as well as forfeiture of your monetary instruments.
What are the criminal penalties for not reporting more than $10,000?
The criminal penalties for not reporting more than $10,000, or omitting or misstating a material fact in a report potentially brings with it criminal penalties. That includes, depending on the severity of the violation, a fine ranging from $250,000 to $500,000 and/or prison time from 5 to 10years.
What are the civil penalties for not reporting more than $10,000?
The civil penalties for not reporting more than $10,000 is a fine of not “more than the amount of the monetary instrument for which the report was required.” Any civil penalty assessed for a violation of failing to report currency at the border is reduced by the amount of money that was forfeited (forfeiture is a permanent loss of the money to the government).
What are the penalties for structuring a transaction to avoid filing a currency report?
The penalties for structuring a transaction is avoid filing a currency report are similar. The relevant law makes it illegal, when importing or exporting more than $10,000 in monetary instruments, Â to:
(1) fail to file a report . . . , or cause or attempt to cause a person to fail to file such a report;
(2) file or cause or attempt to cause a person to file a report required . . . that contains a material omission or misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure or assist in structuring, any importation or exportation of monetary instruments.
If structure cash in any of these ways you could be be fined and/or imprisoned for no more 5 years. There are additional, higher penalties when done as “a pattern of any illegal activity involving more than $100,000 in a 12-month period.
In addition to the criminal penalties for structuring cash there are also civil penalties. 31 USC 5321. The amount of the civil penalty will not be greater than the amount involved in the transaction, and that amount shall be reduced by the amount of any monetary instruments forfeited.
Will a civil penalty for a cash reporting violation stay on my record?
IA civil penalty for a cash reporting violation will not stay on your record for most purposes. That is, if you’re not criminally charged then the only people who will ever be able to find out this happened is the government agencies who have access to your travel record. Customs will always have a record when you cross the border that you were transporting currency and failed to file a report. This will, in all likelihood, mean that you will at some point while crossing the border be questioned about whether or not you have currency or have your baggage examined. There is nothing that can be done to avoid that, except if it becomes unfair you can file a complaint through the DHS Traveler Redress Inquiry Program (DHS TRIP).
If you are not criminally charged you will not have a criminal record.
Questions about a customs cash seizure?
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 like 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.
