Tag: $10000

CBP Seizes Unreported Currency in New Mexico

Posted by Jason P. Wapiennik on January 22, 2015

U.S. Customs and Border Protection made a brief news release discussing a variety of enforcement actions, which contained a little blurb about seizing $14,029. No mention if the person involved was arrested, but it appears they probably were not. It’s apparently not big enough news for Customs to merit more than a passing mention, but you can bet its big news to the person whose money was confiscated. Are you similarly situated? You can read our popular page on Responding to a Customs Money Seizure HERE.

SANTA TERESA, N.M. — U.S. Customs and Border Protection Office of Field Operation officers working at the Santa port of entry were busy Tuesday recording a wide variety of enforcement actions. CBP officers made two drug seizures, apprehend a fugitive, confiscated prohibited agriculture items and seized unreported currency.

* * *

CBP officers working at the Santa Teresa port on Tuesday also apprehended one NCIC fugitive, seized $14,029 in unreported currency and assessed a $300 penalty against an individual who was transporting prohibited sausage and produce (apple and orange) across the border.

Of course, the government has 5 years to criminally charge them. Our customs law firm handles currency/money seizures made by customs in Detroit and around the country. If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, San Francisco, and Orlando.

Please read these other articles about money seizures by customs:

$24,000 Seized by Customs at Amtrak Station

Posted by Jason P. Wapiennik on January 8, 2015

U.S. Customs reports on a recent customs money seizure from a mother and son entering the United States from Montreal via train. At entry, she reported recently traveling to Cuba and being in possession of $5,000 each. Turns out they actually had $24,000 total. And thus the money was seized by customs. Now the headline of the story says they were arrested but that detail is not in the story itself, just that the case is currently under investigation (the government has 5 years to criminally charge them). Let’s have a look at this story now (You can read our popular page on Responding to a Customs Money Seizure HERE):

ROUSES POINT, N.Y. –U.S. Customs and Border Protection officers from the Champlain Port of Entry working at the Rouses Point Amtrak station seized more than $24,000 in unreported US currency.

“A person can travel with any amount of currency they wish, there is no limit” said Paul Mongillo, CBP Port Director for the Port of Champlain. “The requirement is to declare amounts exceeding $10,000. This requirement is for currency entering and leaving the U.S.”

On January 4, CBP officers inspecting the Amtrak train from Montreal destined for New York City encountered an individual claiming recent travel to Cuba. The traveler provided a CBP declaration form and stated that she and her son each possessed$5,000 in U.S. currency. During a secondary inspection, multiple envelopes were discovered containing U.S. currency totaling more than $24,000. The traveler later admitted to possession of the unreported currency.

The currency was seized and the case is currently under investigation.

Travelers can avoid seizure by declaring currency amounts exceeding $10,000. International travelers carrying more than $10,000 into or out of the U.S. must report the amount they are transporting or risk seizure of the currency.

Travelers can make currency declarations by completing FinCEN Form 105 and giving it to a CBP officer. Currency is not limited to U.S. dollars and coins 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.

This is the first story I’ve related on our customs law blog that involves a money seizure when the border was crossed by train, but of course customs can seize money when entered into the United States by any means, whether by train, bus, car, plane, or boat. I’m also not sure why the reference to a recent trip to Cuba was mentioned unless the traveler’s are U.S. Citizens and are prohibited from traveling to Cuba and that somehow raised suspcions.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today. If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles about money seizures by customs:

CBP Seized an Average of $650k from Travelers Each Day in 2014

Posted by Jason P. Wapiennik on December 26, 2014

U.S. Customs & Border Protection released its annual Border Security Report which you can read in full HERE (pdf). With respect to customs money seizures for failure to report amounts over $10,000 (or, bulk cash smuggling, or structuring), the numbers are staggering. The report states that “the agency seized more than $237 million in unreported currency through targeted enforcement operations.” That’s an average of almost $650,000 per day. It breaks down the number for four southwest states:

Arizona = $3,475,523
Texas = $7,732,830
New Mexico = $969,830
California = $12,908,976

Detroit and other Midwestern ports should be publishing their numbers soon. If you have had money seized by customs call our office at (734) 855-4999 or CONTACT US BY CLICKING HERE to speak to a customs lawyer. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, and Philadelphia.

Having an attorney is especially important if more than one person was travelling and the seizure was of cash, there are allegations of smuggling, or structuring, or if you experienced a lengthy detention or questioning at the time of seizure. We handle this and many other types of cases, which we publish the results of here. Read our popular article on responding to a currency seizure by clicking HERE.

Please read these other articles about money seizures by customs:

CBP Reminds Public About Currency Reporting Requirement

Posted by Jason P. Wapiennik on December 23, 2014

In the past month we have reported on two violations of the currency reporting requirements that resulted in seizure of money by U.S. Customs & Border Protection at the CBP pre-clearance station in Nassau, Bahamas. Those stories are HERE and HERE. Now we have a “reminder” about the “Currency Reporting Requirement” from that same pre-clearance station, which is excerpted below.

If you have had money seized by customs call our office at (734) 855-4999 or CONTACT US BY CLICKING HERE to speak to a customs lawyer. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, and Philadelphia. cbp money seizure

NASSAU, Bahamas—U.S. Customs and Border Protection reminds travelers of the requirement to report currency amounts of $10,000 or more to CBP when traveling to or from the United States.

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the United States; however, if the quantity is $10,000 or higher, they must formally report the currency to CBP (note: like the money seizure story HERE). If travelers have someone else carry the currency or monetary instrument for them, they must file a currency report for the entire amount with (note: like the structuring story HERE). Failure to report may result in seizure of the currency and/or arrest.

“The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer,” said Robert Allen Smith, area port director for Nassau Preclearance.

There’s a lot of great reasons why you should hire our firm, but one of them is that we know the law: you may not know the law, and oftentimes, as this article shows, customs does not know the law. Annoyingly, this CBP news release, like many, gets the law wrong. 31 USC 5316(a)(1), the law that gives CBP the authority to seize money and monetary instruments which are not reported, clearly says that a report is required if only if “more than $10,000” is transported, not $10,000 “or more”.

Having an attorney is especially important if more than one person was travelling and the seizure was of cash, there are allegations of smuggling, or structuring, or if you experienced a lengthy dentetion or questioning at the time of seizure. We handle this and many other types of cases, which we publish the results of here. Read our popular article on responding to a currency seizure by clicking HERE.

Please read these other articles about money seizures by customs:

CBP Confiscates $82K From International Traveler

Posted by Jason P. Wapiennik on December 18, 2014

U.S. Customs reports on a recent customs money seizure from a woman attempting to cross the border. Something tipped the customs officers off as she left the U.S. and put her through a secondary inspection where they found, lo and behold, $82,077. If this individual is not prosecuted by the government for criminal violations, she faces the potentially difficult task of proving a legitimate source and legitimate intended use of the money. You can read our popular page on Responding to a Customs Money Seizure HERE.

Also, Customs gets the law wrong again, which now I am pretty sure they keep doing to get me worked up. The law only applies to “more than $10,000” not “$10,000 or more.” It’s the difference of a penny, but it’s still wrong to say $10,000 or more. Here is the story:

On Dec. 14, CBP officers working outbound operations at the Gateway International Bridge selected a white 1999 Cadillac Escalade for a secondary inspection. The driver, a 31-year-old female U.S. citizen from Brownsville, was arrested after officers discovered packages containing unreported U.S. currency concealed within the Escalade. Officers removed and seized three packages

that contained [$82,077 in] U.S. currency which was allegedly was being taken into Mexico without being properly reported.

After CBP Field Operations arrested the adult female, she was turned over to agents with Homeland Security Investigations (HSI) for further investigation.

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.

In this case, we could give the woman the benefit of the doubt and presume the legitimate source is the proceeds of a decade worth of scrimping and saving; and the intended use, perhaps she is a very generous person and was going to buy Christmas presents in Mexico, with cash. Then Customs swoops in, seizes her money, and ruins all her plans. But, if we assume she proves these two things, then this situation is regrettable for him and completely avoidable. But now, even if criminal charges are ultimately not filed or if he is ultimately found not guilty of a crime, she will still face civil forfeiture of the money and, if he wants it back, will have to fight for its return administratively, or in the courts.

Please read these other articles on customs moneys eizures:

CBP Seizes More than $1 Million in Currency

Posted by Jason P. Wapiennik on December 11, 2014

This is a news release from U.S. Customs & Border Protection involving a currency seizure and the arrest of the people who smuggled the currency in their vehicle. The fact of the arrest means that there is a fair chance that the individuals were involved in some sort of illegal activity. We typically handle cases for the seizure of money at the airport by customs where there is no arrest because there is no apparent connection to illegal activity at the time of seizure. You should read our popular page on Responding to a Customs Money Seizure. Let’s have a look at this story, and a picture of the cash seized by customs:

The . . . seizure occurred on Dec. 7, at the Hidalgo-Reynosa International Bridge after CBP officers working outbound operations selected a tan 2010 Ford Fusion for inspection. The driver, a 29-year-old female United States citizen from Pharr, Texas and the 63-year-old male passenger, a Mexican citizen from Reynosa, were referred for a secondary inspection. During the course of the secondary examination, Officers discovered packages of unreported U.S. currency secreted within the Ford sedan. CBP-OFO removed and seized 21 packages containing a total of $255,361 of U.S. currency that was allegedly headed into Mexico without being reported.

CBP Field Operations arrested the . . . individuals who were ultimately released to the custody of Homeland Security Investigations (HSI) agents for further investigation. CBP-OFO also seized all the vehicles involved in the failed smuggling attempts.

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.

CBP’s Hidalgo/Pharr/Anzalduas Port of Entry is part of the South Texas Campaign, which leverages federal, state and local resources to combat transnational criminal organizations.

Again, Customs gets it wrong here when they say “$10,000 or more” must be reported; it is “more than $10,000”. A slight difference, but a difference nonetheless.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today (Responding to a Customs Money Seizure HERE).If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles customs currency seizures:

U.S. Customs Seizes $69,000 in Cash at Preclearance Station from Traveler

Posted by Jason P. Wapiennik on December 4, 2014

Did you know U.S. Customs & Border Protection has preclearance stations in numerous foreign countries (link)? Did you know that if you fail to report currency at these preclearance stations it will be seized from you just as though you were going through U.S. Customs on U.S. soil? It’s apparently true, and here’s the story of a lady who had almost $70,000 seized for failure to report currency in excess of $10,000 while leaving the Bahamas destined for Fort Meyers, Florida.

NASSAU, Bahamas—U.S. Customs and Border Protection officers at the Nassau Preclearance facility discovered $69,739 in undeclared U.S. currency inside a traveler’s carry-on and checked luggage. The Royal Bahamas Police Force took custody of the traveler and the currency.

On Nov. 24, CBP officers encountered a 51-year-old female U.S. citizen traveling to Fort Myers, Florida. The subject was referred for a secondary baggage exam after Nassau Airport Authority Security alerted to a large sum of money inside a piece of checked luggage. During the baggage exam, CBP officers discovered several envelopes addressed to multiple people containing U.S. currency. The subject only reported $900 on her declaration and when questioned reaffirmed to CBP officers that she was traveling with less than $10,000. The traveler failed to formally report the money to CBP resulting in the seizure of the currency.

“This seizure is an excellent example of the cooperative working relationship U.S. Customs and Border Protection has with Nassau Airport Authority Security, who notified CBP of an anomaly in a bag,” said Robert Allen Smith, area port director for Nassau Preclearance. “CBP officers provided the traveler with multiple opportunities to accurately report all currency in her possession; however, she failed to comply with the reporting requirements. The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer.”

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the United States. However, if the quantity is $10,000 or higher, they must formally report the currency to CBP. Failure to report may result in seizure of the currency and/or arrest.

It’s a somewhat intriguing for this customs lawyer, because 31 USC § 5316 requires that a “person . . . shall file a report . . . when the person . . . knowingly transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time . . . to a place in the United States from or through a place outside the United States”. The implementing regulation, 31 CFR § 1010.306, states that the report shall be filed “at the time of entry into the United States or at the time of departure . . . from the United States, unless otherwise specified . . . .” At the time the regulation was drafted I don’t think the preclearance stations were contemplated. Thus, there might be a thin argument that there was no failure to report… but this is just me shooting from the hip. I haven’t done any time researching the issue and it should not be relied on anyone as legal advice.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today (you can read our popular page on Responding to a Customs Money Seizure HERE).If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles customs currency seizures:

U.S. Customs Seizes Bulk Cash from 23 y/o US Citizen

Posted by Jason P. Wapiennik on November 30, 2014

In a currency seizure reported by U.S. Customs, customs seized over $250k 23 year old man headed into Mexico. No mention of an arrest, but just an ongoing investigation. This seizure is probably based on both bulk cash smuggling and failure to report. Both carry criminal consequences. Customs also gets the law wrong, as we explained below, which is a great reason to hire a lawyer for your customs money seizure case. Let’s have a look at the always-interesting-facts in this currency seizure story to see what the person did wrong that caused this encounter to end up as another customs airport money seizure:

U.S. Customs and Border Protection officers conducting outbound enforcement operations at the Brownsville Port of Entry seized $259,750 in bulk U.S. currency. [ . . . ] Stacks of varying denominations totaling $259,750 in undeclared currency seized by CBP officers and agents recently at Brownsville Port of Entry.

On Nov. 24, CBP officers working outbound enforcement operations at the Gateway International Bridge came in contact with a silver 2007 Volkswagen Jetta as it attempted to exit the United States and enter Mexico. The driver, a 23-year-old United States citizen from Brownsville, Texas was referred to secondary for further inspection. In secondary, a search of the Jetta resulted in the discovery of two packages of bulk U.S. currency hidden within the vehicle. CBP officers seized the currency the vehicle and the case had been referred to Homeland Security Investigations (HSI) special agents for further investigation. [ . . . ]

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.

If this guy could prove the money came from a legitimate source and had a legitimate intended use, then this customs cash seizure was completely avoidable. Near the bottom of this story customs states that the law requires that a person file a formal report of “$10,000 or higher” into or out of the United States. That is incorrect. The law requires reports of more than $10,000. If even customs doesn’t know the law, you are better of hiring an attorney.

Please read these other articles customs currency seizures:

Yet Another Seizure of Cash by Customs

Posted by Jason P. Wapiennik on October 14, 2014

This is a customs money seizure news release trifecta, where customs is reporting about some failed cash smuggling attempts — that are headline as “unreported funds” cases. The two previous stories are here (involving over $2M seized) and here (involving a 74 year old man). Like those stories, this is more about smuggled currency rather than just “unreported funds,” which is a bulk cash smuggling violation. This is a little different than the usual customs money seizure case we handle, which is the seizuresof money at the airport by customs (you can read our popular page on Responding to a Customs Money Seizure HERE).

On to this story:

TUCSON, Ariz. – A 19-year-old man from Pasco, Washington was arrested Oct. 6 for attempting to smuggle nearly $240,000 in unreported U.S. currency into Mexico through the Port of Nogales.

U.S. Customs and Border Protection officers conducting outbound inspections at the Dennis DeConcini crossing selected a Jaguar . . . for further inspection and found the unreported money hidden beneath the trunk’s undercarriage.

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

If you have had cash seized by customs and are contemplating what to do next 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.

Read these other articles about customs money seizures:

CBP Seized $109K in Unreported Funds

Posted by Jason P. Wapiennik on October 2, 2014

On the tails of our last currency seizure post (here) comes this story about an elderly Yuma, Arizona man concealing a total of nine packages of currency in his windshield cowling in an apparent effort to smuggle it out of the country and into Mexico. Like the last story, this is more about smuggled currency rather than just “unreported funds,” which is a bulk cash smuggling violation. This is a little different than the usual cases we handle, which are seizures of money by customs at the airport (but, you can read our popular page on Responding to a Customs Money Seizure HERE).

On to this story:

Tucson, Ariz. — A 74-year-old Yuma man was arrested Monday for attempting to smuggle nearly $109,000 in unreported U.S. currency into Mexico through the Port of Nogales.

U.S. Customs and Border Protection officers conducting outgoing inspections referred a Ford SUV for further inspection at the Dennis DeConcini crossing and located nine packages of currency hidden within the windshield cowling.

Officers seized the unreported currency and referred the driver to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

On Sept. 16, officers at the Mariposa crossing seized more than $189,000 found in the roof of a vehicle attempting to cross into Mexico.

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.