Category: forfeiture notices

Loss of Cash to Texas CBP via Notice of Forfeiture & Intent to Seize

Losing cash to Texas CBP

Posted by Jason P. Wapiennik on

In the context of negotiation to get some of my client’s seized cash returned from CBP, I once had a conversation with a Fines, Penalties & Forfeitures officer. I remarked that I couldn’t believe how much money people lost to CBP through cash seizures. Without hesitation, he replied “I can’t believe how much money people don’t try to get back from CBP.”

So in consideration of people about to lose some cash to CBP, let’s have a look at some money seizures by CBP in Texas that are on the verge of being forfeited (that is, lost forever to the government). All of this information is courtesy of www.forfeiture.gov, and spans cash seizure notices of seizure and intent to forefeit for April 22 and April 29.

First up, Houston:

HOUSTON, TX
2016530100037301-001-0000, Seized on 04/14/2016; At the port of HOUSTON, TX; U.S. CURRENCY; 1; EA;
Valued at $333,485.00; For violation of 31USC5317/5316

A whopping $333,485 was seized in Houston, Texas, for a simply failing to report it. Houston is one of the ports where I’ve heard that Customs can be pretty fair in giving people plenty of opportunity to make the cash report. Next up, Presidio/El Paso, Texas:

EL PASO, TX
2016240300008401-001-0000, Seized on 02/17/2016; At the port of PRESIDIO, TX; U.S. CURRENCY; 4,907; EA; Valued at $138,209.00; For violation of 31USC5332(A),31USC5332(C),31USC5316,31USC5317

This is more than just a failure to report — the reference to 31 USC 5332 means that it is also seized for bulk cash smuggling, which likewise means that a greater amount of money is subject to forfeiture by CBP. In addition, because just below this entry and bearing the same case number is a 2004 Ford F150 truck, we can safely assume that this $138,209 was concealed within the the truck.

The last entry, for Laredo, Texas, is more puzzling:

LAREDO, TX
2016231000003901-001-0000, Seized on 04/02/2016; At the port of ROMA, $3,200.00; For violation of 31USC5317,31USC5316,31USC5324

The cash reporting requirement only applies to amounts of money being transported in excess of $10,000, but this entry indicates that $3,200 was seized for both a failure to report and a structuring violation. But you can’t violate the cash reporting law by transporting less than $10,000. So how is it that CBP is forfeiting $3,200?

Well, it’s possible it was some small part of a structuring transaction; but in that case, I would expect to see another entry with the same case number of seizure date the brings the amount to over $10,000. It’s also possible that the person only transported $3,200 because they did not want to have to report traveling with more than $10,000. More likely (in terms of a structuring violation), would be that there was a sequence of transactions of moving money across the border and, when they were all added up and CBP got wind of the structuring plot, they seized this last bit of $3,200. If you don’t understand that, you haven’t read our article on cash structuring to avoid the reporting requirement.

Have you lost cash to CBP through a money seizure?

A loss of cash to CBP through seizure is a traumatic experience. If the money has not already been forfeited, there are some good chances to get it back if you know what you’re doing. Our customs law firms knows what it’s doing. 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.

An April 22 notice of seizure and intent to forfeit cash seized at Boston Logan airport.

$14k Cash Seized at Boston Logan Airport

Posted by Jason P. Wapiennik on
Back in September of 2015, $14,080 in cash was seized at Boston Logan Airport (BOS – port code 0417) by U.S. Customs & Border Protection. Seven months later, the seized cash is still languishing in the bank accounts of Customs because the interested people apparently failed to convince customs the money came from a legitimate source or had a legitimate intended use. That is why it is Boston CBP published a notice of seizure and intent to forfeit, to start and finalize the administrative forfeiture process (which does not involve a judge, unless a claim is filed requesting judicial forfeiture).
We have a great history of success in getting seized cash back from Customs and have successfully represented clients with a cash seizure at Boston Logan Airport. Don’t be foolish and try to get money back yourself, or hire an inexperienced lawyer to do it for you — you will get a bad result. A petition must not be an apology letter! This is why we recommend hiring a customs lawyer to get seized cash back from Customs.
PUBLICATION/POSTING START: April 22, 2016
PUBLICATION/POSTING END: May 21, 2016
DEADLINE TO FILE A CLAIM: June 21, 201

BOSTON, MA
2015041700014401-001-0000, Seized on 09/25/2015; At the port of LOGAN AIRPORT, CT; U.S. CURRENCY; 153;EA; Valued at $14,080.00; For violation of 31USC5316

Have you had cash seized at Boston Logan airport?

If you’ve had cash seized at Boston Logan 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. As we try to make clear on the free currency seizure materials on our website, the process is very complicated and CBP can be extremely adversarial and stubborn in their refusal to return your money to you after a seizure. There is reason for great caution whenever you are communicating with Customs after a seizure.
An April 22, 2016 notice of seizure and intent to forfeit cash by CBP Detroit.

Forfeiture Pending for $15,000 Seized at DTW

Posted by Jason P. Wapiennik on
Here is today’s excerpt from Detroit CBP’s posting on forfeiture.gov — $15,000 seized for failure to failure to report at Detroit Metropolitan Airport (DTW – port code 3807).
The fact that $15,000 was seized by CBP in August 2015, and only 8 months later is the notice of seizure and intent to forfeit being published, tells me that someone tried unsuccessfully to get the money back by making an offer in compromise or an administrative petition. This is why we recommend hiring a customs lawyer to get seized cash back from Customs.
PUBLICATION/POSTING START: April 22, 2016
PUBLICATION/POSTING END: May 21, 2016
DEADLINE TO FILE A CLAIM: June 21, 2016

2015380700127501-001-0000, Seized on 08/16/2015; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 150; EA; Valued at $15,000.00; For violation of 31USC5317,31USC5316

Once a seizure case goes this far without a resolution administratively, a good outcome for a case such as this is getting any amount of money back, especially when the amount seized is only $15,000.

Has your petition or officer in compromise been denied by CBP in Detroit?

If your petition or offer in compromise has been denied by CBP in Detroit, 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 legal notice of seizure and intent to forfeit (CAFRA)

CBP Chicago & Detroit Forfeiture Notices for April 15

Posted by Jason P. Wapiennik on

When CBP seizes money it is subject to forfeiture. Typically, Customs sends a letter notifying all interested persons that the property has been seized, is subject to forfeiture, and some options for getting seized money back (not all options, by the way). If administrative remedies to get seized money back are not successful, publication of a notice of forfeiture is made by CBP.

Publication of a notice of intent to forfeit used to be done in newspapers, until the government wised up and made a website specifically to give notice of forfeitures. So now, notices of seizure and intent to forfeit are published at www.forfeiture.gov, and depending on the Port involved, usually occurs about once each week.

The property listed in those notice of seizure and intent to forfeit is what no one wants (abandoned), no one knows about (lack of actual service of notice of seizure by mail), or which they could not successfully get back administratively (they could not provide they had a right to it, or it was somehow illegal).

In CBP Detroit’s April 15 notice of seizure, there’s a total of $64,480 up for potential forfeiture for failure to report, money laundering, fraudulent identification documents, and fraudulent account access devices.

  • 2015380200017901-001-0000, Seized on 07/11/2015; At the port of PORT HURON, MI; U.S. CURRENCY RETAINED; 846; EA; Valued at $64,480.00; For violation of
    31USC5317,31USC5316,31CFR1010.340(A),18USC981,18USC1956,18USC1028,18USC,
    1029,18USC1341,18USC1344

We recently opened an office location in Chicago better serve those who’ve had money seized at O’Hare airport. The notices for Chicago do not appear to be for failure to report, bulk cash smuggling, or structuring though. But Chicago’s April 15th notice of seizure and intent to forfeit has a total of $1,525,176 up for forfeiture.

  • 2016390100014001-005-0000, Seized on 11/10/2015; At the port of CHICAGO, IL; US CURRENCY; 2,150; EA; Valued at $34,445.00; For violation of 21USC881,19USC1595A(A)21USC841,21USC846
  • 2016390100028101-002-0000, Seized on 12/16/2015; At the port of CHICAGO, IL; U.S. CURRENCY; 1,183; EA; Valued at $32,390.00; For violation of 18USC981,18USC1956
  • 2016390100042101-001-0000, Seized on 01/27/2016; At the port of CHICAGO, IL; BULK USC; 12,476; EA; Valued at $259,935.00; For violation of 18USC981,18USC1956
  • 2016390100049101-001-0000, Seized on 02/09/2016; At the port of CHICAGO, IL; BULK USC; 28,092; EA; Valued at $625,080.00; For violation of 18USC981,18USC1956
  • 2016390100067201-001-0000, Seized on 04/09/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 5,926; EA; Valued at $99,969.00; For violation of 18USC981,21USC881,19USC1956
  • 2016390100067301-002-0000, Seized on 04/09/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 22,853; EA; Valued at $473,357.00; For violation of 18USC981,21USC881,18USC1956

$1.5 million is, to most folks, a lot of money. To the government, it might be a drop in the bucket or a digit to the right of a decimal point in the budget. But whether government, rich, or poor every can agree — any little bit of cash helps. If no one files a claim and wins a portion of the seized money back, it will go to the government to support its operations.