Category: Seizures in the News

$300 Penalty for Beef Smuggler

Posted by Jason P. Wapiennik on September 11, 2015

This customs law blog is about more than just currency seizures at airport, but also about running afoul of the laws enforced by Customs in other areas as well. Here is a great case in point: when arriving travelers, knowingly or unknowingly, bring into the United States restricted or prohibited merchandise, such as beef. Here is the story:

U.S. Customs and Border Protection agriculture specialists working at George Bush Intercontinental Airport intercepted a passenger’s attempt to smuggle prohibited beef, Aug. 20, resulting in a $300 penalty.

Beef is either restricted or prohibited from certain countries depending on the types of animal diseases which are prevalent in the beef’s country of origin. In this instance, the packaged meat originated in Vietnam where Foot and Mouth disease is prevalent.

CBP agriculture specialists conducted an examination of a passenger arriving from Vietnam. The 20-year-old Vietnam citizen declared that she was bringing fish into the United States. However, when the agriculture specialists examined her luggage, they discovered 11 pounds of beef. The packaging label indicated the meat was shrimp, squid and fish.

“CBP agriculture specialist are vigilant in their mission to protect American agriculture from intentional and unintentional biological threats,” said Houston CBP Port Director Charles Perez. “The risk of introducing plant and animal disease into our agriculture is real, and we are deeply committed to disrupting smuggling attempts that endanger our food sources.”

All 11 pounds of beef was seized and destroyed and the passenger was assessed a $300 penalty.

You might be facing penalties from customs for importing restricted or prhibited merchandise. We can help. Typically, we recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full.

Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE). If you have a penalty 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 petitions for customs penalties and seizures around the country.

Florida CBP Seizes Counterfeit Sunglasses

Posted by Jason P. Wapiennik on September 7, 2015

Customs seized counterfeit Ray-Ban sunglasses fairly recently. According to the story itself, the sunglasses could have been seized not only because they were counterfeits, but also because the import documents falsely identified them as being something else. That’s called smuggling, among other things. This importer is in for a big penalty, equivalent to the MSRP of the counterfeit goods as if they were genuine. Here is an excerpt of the full story:

U.S. Customs and Border Protection (CBP) officers in Tampa seized over 860 counterfeit Ray-Ban sunglasses arriving in a shipment from China on July 13. Had the goods been genuine, the designer handbags [sic] would have an estimated Manufacturer’s Suggested Retail Price (MSRP) of $123,455.

US Customs seized $123,455 in counterfeit Ray-Ban sunglasses.

CBP’s highly trained officers successfully targeted and intercepted the U.S.-bound air cargo. The description for the freight was also concealed under a different commodity.

Initially, CBP officers suspected the sunglasses to be counterfeit since they did not appear to be of the quality consistent with the products normally manufactured by the trademark holder. CBP import specialists examined samples and determined the items to be counterfeit.

You might be facing penalties from customs for importing counterfeit merchandise. We can help. Typically, we recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full.

Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, 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 petitions for customs penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

Customs seizes $42,000 at BWI Airport

Posted by Jason P. Wapiennik on September 1, 2015

Pile of money shown to reflect airport money seizures at BWI for more than $42,700. — Airport money seizure at BWI for man who possessed more than $42,700. Reported only having $5,000 currency.

The Capital Gazette out of Baltimore reports that a customs seizure of cash occurred at Thurgood Marshall airport. It involved a Nigerian man who was transporting more than $42,700 with
him. The man initially reported possessing $5,000, but then admitted having $22,000; ultimately, he was found with more than $42,700. The original story is HERE.

A Nigerian citizen who arrived to BWI on a flight from London initially reported possessing $5,000. The traveler was referred to customs agents for a secondary inspection where he amended his declaration and completed a financial reporting form stating that he was in possession of some $22,000, according to a press release issued by the Department of Homeland Security.

Customs agents ultimately discovered more than $42,700 on his person and in his luggage. The money was seized and the man was advised on how to file a petition for the return of the currency.

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:

CBP Seizes $14K at Dulles Airport

Posted by Jason P. Wapiennik on August 27, 2015

This customs cash seizure story at Dulles airport says the person who was traveling to Switzerland “reported possessing slightly less than $10,000”. That is suspcicious to CBP right there. If you tell CBP you’re carrying $9,800, customs will already suspect you because the amount is so close to $10,000.

It tells them that you know about the $10,000 reporting limit.

It also, of itself, may give rise to currency seizure for “structuring” because to transport an amount less than $10,000 for the purpose of evading the report requirement is illegal. So if you are only traveling with $9,800, but you tell Customs (or they have cause to believe) that you did not take more than $10,000 with you because you did not want to file a report…. you’re cash can be seized.

This story is below (original here):

Customs Seizure of $13,919 at Dulles Airport. Traveling with cash over $10,000 must be reported to CBP.

A woman was boarding a flight to Switzerland and was selected for questioning by CBP officers who were conducting an outbound international flight enforcement operation. The woman reported possessing slightly less than $10,000 and completed a financial reporting form stating that, however; a total of $13,919 was discovered on her person and in her luggage. CBP officers seized the $13,919 and advised her how to petition for the return 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 travelers were given the opportunity to truthfully report their currency. The easiest way to hold on to your money is to report it.”

CBP Seizes $39K from Greek at Philadelphia Airport

Posted by Jason P. Wapiennik on August 25, 2015

U.S. Customs seized $39,000 worth of USD and Euro currency from a Greek man who, I am willing to bet, was attempting to take his money out of the de-stabalized Greek banking and political system and into the “safe haven” of the United States. Unfortunately for him, his money was seized before ever stepping foot outside the Philadelphia airport because he failed to report traveling with more than $10,000. He not only failed to report the currency, but he had it concealed within the pages of a book; which, due to the concealment, will give rise to allegations of bulk cash smuggling, which often makes it very hard to get money back even when legitimacy of source and use is proven. Here is the story:

Customs officers seized unreported currency totaling $39,657, much of it concealed within the pages of a hard-back book.

U.S. Customs and Border Protection (CBP) officers seized $39,657 in unreported currency, much of it concealed within the pages of a hard-back book, from a Greek man at Philadelphia International Airport Wednesday.

While roving among passengers who arrived from Athens, Greece, a CBP officer questioned the man about the total currency he possessed. The man verbally reported that he had $2,500 in U.S. dollars and 1,500 in Euros. He also wrote that amount on his declaration form and signed it.During a baggage examination, the CBP officer discovered a large sum of currency concealed in the book. A currency verification revealed that the man possessed $4,600 in U.S. dollars and 31,525 in Euros. The combined currency equaled $39,657 in equivalent U.S. dollars.

“Seizing a traveler’s currency is not a pleasant experience, but there are severe consequences for violating U.S. laws,” said Susan Stranieri, CBP Port Director for the Area Port of Philadelphia. “We hope that this seizure is a lesson for all travelers that the easiest way to hold on to their currency is to honestly report it all to a Customs and Border Protection officer.”

CBP officers provide travelers with multiple opportunities to truthfully report all of their currency. Travelers who refuse to comply with federal currency reporting requirements risk having their currency seized, and potentially face criminal charges. 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.

Border Patrol Seizes $138k in Cash

Posted by Jason P. Wapiennik on August 20, 2015

Not quite a customs currency seizure, but similar enough to the topic and the stories we write about on this customs law blog that I thought it good to share it, for those interested. Border patrol seized around $138k in cash that was stashed away in the tailgate of a pick-up truck being driven by a 40 year old U.S. citizen. Border patrol does exactly what their name indicates; the patrol the borders. In this case, nothing in the story suggests that the vehicle was attempting entry into Mexico so I would say this stop did not occur “at the border” where the government can essentially search you without limitation. Because it did not occur “at the border” the police would have had to get a warrant to search the vehicle, or it would have to fall under one of the warrant exceptions. The driver made this easy for border patrol, because he consented to the search of his vehicle anyway (oops). That’s always a bad idea. Here’s the story:

U.S. Border Patrol agents patrolling Interstate 5 arrested a man on Tuesday who had a large quantity of illicit cash hidden inside the tail gate and other areas of his truck.

More than $130K was concealed inside this truck after requesting permission from 40-year-old U.S. citizen to search the back end of his truck.

At approximately 8 a.m., agents on southbound Interstate 5 stopped a 2004 Chevrolet Colorado truck. Agents approached the 40-year-old U.S. citizen and received permission to search the back end of his truck.

A quick glimpse with a flashlight revealed that the tail gate interior was filled with bundles of cash. Agents arrested the man and transported the vehicle to a nearby station for further investigation. Agents found additional bundles of cash behind the truck tail lights and in the man’s pockets. More than $130K was concealed inside the truck between the tail-gate and tail-light body panels.

The search yielded a seizure of $137,017 in U.S. currency. The man was turned over to agents from Homeland Security Investigations for currency smuggling. The cash and vehicle were seized by the U.S. Border Patrol.

Customs officers seize hidden cash

Posted by Jason P. Wapiennik on August 18, 2015

Last month, CBP seized $65,000 from a Mexican national for “failing to declare” more than $65,000 in currency. They released the individual’s name, so that means he is being criminally prosecuted. Though CBP calls this a “failure to declare” it is really failure to declare (or to report) and bulk cash smuggling, because the money was concealed in the seat of the vehicle. Check out the image below. As we always note, this case differs from the scenario usually faced by our clients, which is a customs seizure of money at the airport for failure to report.

Customs officers seize hidden cash behind automobile seat, totaling more than $65,000 in US currency.

U.S. Customs and Border Protection officers arrested a 24-year-old Mexican national Wednesday (July 22) for failing to declare more than $65,000 in U.S. currency when he attempted to cross into Mexico through the Port of Nogales.

Officers conducting outbound inspections at the Dennis DeConcini crossing selected a Ford sedan, driven by Marco Allan Nevarez-Guzman of Magdalena, Sonora, Mexico, for further inspection and found unreported money hidden behind the vehicle’s seats.

Officers processed the vehicle and currency for seizure, arrested and referred Nevarez to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Tuition Money Seized by Customs

Posted by Jason P. Wapiennik on August 18, 2015

Customs seizure of tuition money is a common occurrence in the weeks prior to the start of either semester of the school year. Like all customs currency seizures, the seizure typically happens because of a failure to file a currency report by people transporting money into the United States of amounts over $10,000.

Lots of foreign students come to the United States and pay their tuition in cash as most colleges won’t accept tuition payments by credit card. Likewise, many foreign exchange students and children of immigrants get a lot of cash assistance from family overseas who understand their duty to pay for their children’s education; it may be a lump $15,000 sum from a parent or grandparent, or a few hundred or thousand dollars from several different relatives or benefactors.

Customs can easily identify someone on student visa, who is relatively young, and is arriving from China, India or Korea; we previously wrote about how customs can “target” currency reporting enforcement based on just these types of criteria. This makes it very easy for them to target students who will then be required to give an accurate report of currency down to the dollar, and if they don’t to seize their cash. The only thing higher than the cost of education is the cost of not accurately reporting money over $10,000 to customs.

What to do when Customs seizes your tuition money?

Don’t let customs seize cash. Traveling with cash? Claim monetary instruments exceeding $10,000 USD!

Take the advice we have already given for responding to a customs money seizure by reading our popular article on the topic: Responding to a Customs Currency Seizure. Currency seizure cases are handled the same whether the money that was seized by customs was intended to be used to pay for college tuition or, for example, for travel expenses. As long as the use of the money is legitimate (and tuition is a legitimate use) and the source of the money is legitimate, with the right legal help you have a good chance of getting your seized tuition money back. If you want to know what a petition to get seized money back from customs looks like, read our article here.

Will I get the money in time to pay my tuition?

It really depends on a variety of circumstances, as we talked about in our popular article on the topic: How long does it take Customs to decide a petition for a currency/monetary instrument seizure? In every case, hiring the right attorney to handle your case can speed up the process, from getting the notice of seizure issued, to gathering evidence (obtaining supporting documents, preparing affidavits and giving customs everything they need without waiting for them to request additional documents), researching and drafting the legal basis for the obtaining a return of the seized currency in the petition, and ultimately, if successful, getting the money returned without delay, often by direct deposit. We work hard at Great Lakes Customs Law to get your seized currency returned back to you in a timely manner by doing the job right the first time.

How can I find out more or hire a law firm to help with my customs currency 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 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 Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

Customs Seizes Nearly $226K

Posted by Jason P. Wapiennik on August 13, 2015

A new bulk cash smuggling case out of Yuma sector/California. This is different from the Customs seizures of currency our firm’s clients who have their money seized at airports around the country when traveling internationally. A bulk cash smuggling charges decreases the likelihood of a favorable return of seized currency. You can read the fully story here, but the relevant excerpt is below:

A Yuma Sector Border Patrol canine team alerted and located 57 grams of marijuana, 172 grams of hash, 700 milligrams of cannabis oil, drug paraphernalia, and $225,655 U.S. currency, while attempting to travel through Blythe Station’s checkpoint on California Highway 78. The vehicles, drugs, paraphernalia, U.S. currency, and all subjects will be processed per Yuma Sector guidelines.

If you have had cash seized by customs and are contemplating what to do next then use the information available on this website and 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 Confiscates $27K in Cash Dulles Airport

Posted by Jason P. Wapiennik on August 11, 2015

U.S. customs officers Dulles Airport recently more than $25,000 from the traveler attempting to leave the country to visit France. This is the third in a series of recently reported airport currency seizures by customs at this airport. A key difference between this and the most recent story is that the traveler did not report anything over $10,000, but only reported $6,000.

You can read the full story here. The details are below:

A man was boarding a flight to France and was selected for questioning by CBP officers who were conducting an outbound international flight enforcement operation. The man reported possessing $6,000 and completed a financial reporting form stating that amount, however; a total of $27,237 was discovered on his person and in his luggage. CBP officers seized the $27,237, returning $500 to the traveler for humanitarian relief, and advised him how to petition for the return of the rest of the currency.

This is CBP’s second currency seizure in two days at Washington Dulles. On Monday, CBP officers seized $45,912.02 from a family departing to Austria for also failing to truthfully report all currency in their possession.

“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 travelers were given the opportunity to truthfully report their currency. The easiest way to hold on to your money is to report it.”

I know it is sometimes true that truthfully reporting money is the easiest way to keep it, but I am also sure that it is not always true. I know many clients had opportunities to report transporting more than $10,000 in money but there are who are subjected to “zealous enforcement” and asked trick questions without sufficient opportunity to make, or amend, a report. Sometimes the philosophy of some Customs officers is to “seize first, ask questions later.”