Tag: airport money seizure

CBP Cash Seizure Chicago O’Hare Airport

Posted by Jason P. Wapiennik on

On April 12, 2016, some poor soul in Chicago had over $16,000 currency seized at Chicago’s O’Hare International Airport. For what, you ask? Well, judging from the notice of seizure and intent to forfeit published Friday last, some violation of Title 31 of the United States Code.

PUBLICATION/POSTING START: June 24, 2016
PUBLICATION/POSTING END: July 23, 2016
DEADLINE TO FILE A CLAIM: August 23, 2016

2016390100067501-002-0000, Seized on 04/12/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 768; EA; Valued at $16,210.00; For violation of 31USC

As can be seen, the notice published on the forfeiture.gov contains, what I assume, is a clerical error. Typically, these notices will contain a host of laws violated. 31 USC is not a law, but rather, an entire book of laws that outlines the role of money and finance in the United States. It is most likely that the money was seized for purported violations of the usual suspects; 31 USC 5316, 31 USC 5324 and/or 31 USC 5332.

My sources tell me that O’Hare International Airport recently began permitting on-site mitigation of cash seizures valued at less than $25,000, to ease the processing burden on the folks who handle the petitions filed with FP&F Chicago. Customs policy permits individual ports to choose to offer on-site mitigation when the persons are transporting less than $25,000 and they mis-report an amount that is 5% or less in variance with the actual amount being transported.

If on-site mitigation was an option, the likely explanation for the seizure still occurring is a misreport of 5% or more in the amount that was being carried by the traveler. Over the years, we’ve helped a lot of people who have their cash seized by CBP at Chicago O’Hare International Airport. Do not let your cash seizure case in Chicago get to the point that CBP publishes a forfeiture notice.

Did CBP seize cash from you at Chicago’s O’Hare Airport?

If you have had currency seized from Chicago CBP, please contact us in Chicago at (773) 920-1840. Our customs lawyer in Chicago’s office is a short walk from U.S. Customs & Border Protection Chicago’s Fines, Penalties & Forfeitures office.

Back-to-back Detroit airport money seizures are listed in this May 27 Notice of Seizure and Intent to Forfeit published by CBP

Back to back Detroit airport money seizures

Posted by Jason P. Wapiennik on

Detroit CBP seized a total $40,249 in back-to-back money seizures at Detroit airport on March 29, 2016 for failure to report and illegal cash structuring. The excerpt from the notice of seizure and intent to forfeit gives only the most essential information that allows for someone with an interest in the property to file a claim.

The fact that administrative forfeiture proceedings have begun (as signified by the fact it is being published in this way on forfeiture.gov) probably represents a bad decision by the people who experienced the Detroit airport money seizures, or by their attorney. Immigration attorneys and general practitioners have no business doing the work of a customs lawyer in responding to a money seizure by CBP at Detroit airport or elsewhere.

What are some reasons people choose the administrative forfeiture route?

It could be lack of evidence to prove legitimate source or intended use, failure to actually receive the personal notice of seizure letter, fear of criminal repercussions, failure to understand the difference between the different election of proceedings options… and other reasons related to ignorance of the law about money seizures.

Here’s the excerpt from CBP’s forfeiture.gov posting:

PUBLICATION/POSTING START:
PUBLICATION/POSTING END:
DEADLINE TO FILE A CLAIM:

May 27, 2016
June 25, 2016
July 26, 2016

2016380700066701-001-0000, Seized on 03/29/2016; At the port of DETROIT, MI; US CURRENCY RETAINED; 265; EA; Valued at $20,558.00; For violation of 31USC5317,31USC5316,31CFR1010.340(A),31USC5324

2016380700067101-001-0000, Seized on 03/29/2016; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 235; EA; Valued at $19,691.00; For violation of 31USC5317,31USC5316,31CFR1010.340(A),31USC5324

Have you experienced a Detroit airport money seizure?

If you experienced a Detroit airport money seizure by U.S. Customs & Border Protection  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.

Money Seized by CBP near D.C.

Posted by Jason P. Wapiennik on

A Virginia man had money seized by CBP near Washington, D.C., last week when CBP officers seized $38,872 worth of money exiting the country at Dulles International Airport en route to Ghana. The story says CBP officers were conducting an “outbound enforcement operation” which is a fancy way of saying that, as passengers were boarding their flights and presenting their boarding tickets at the gate, CBP officers were standing by and asking how much money they were carrying and were ready to seize money from anyone misreporting it.

These encounters are often unexpected by travelers. Questions are sometimes asked informally without an explanation from CBP. These often prompts surprise, panic, and thoughts like “What business is it of you how much money I am transporting?” Rare is an explanation of the reporting requirement made (though it is not required).

The the CBP officer might questions like:

  • “How much money is in your bag?”
  • “How much money is in your wallet?”
  • “How much money are YOU carrying?”

A truthful answer to those questions could get you in trouble, because in reality what CBP seeks to find out is how much money are you transporting in your bag, wallet, on your person, and with other members of your group.

After you’ve answered the question, truthfully or inaccurately, CBP will then either pull you aside and count the money (a “secondary examination”), or present you with form 6059B to read and sign (sometimes they prepare the form with your verbal report and present it only for signature).

The form 6059B contains a detailed statement about when money must be reported to customs, and how. It also explains the penalty for not reporting money to CBP. If you fill out the form inaccurately and sign it, you’ve just broken the law and your money is now subject to seizure by CBP.

If you’ve ever had money seized by CBP, you know that the process is tilted in the government’s favor. That’s Great Lakes Customs Law is here — to help you get your money back for you. In any event, here is an excerpt from the story from CBP in Virgina:

A man was boarding a flight to Ghana and was selected for questioning by CBP officers who were conducting an outbound enforcement operation on the international flight.  The man completed a financial form, reporting $8,500 however; a total of $38,872 was discovered on his person.  CBP officers seized the $38,872 and advised him how to petition for the return of the currency.

Did you have money seized by CBP?

If you had money seized by CBP, 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.

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 pile of $20 bills on a table.

$16k Dulles Airport Currency Seizure by CBP

Posted by Jason P. Wapiennik on

A Dulles airport currency seizure of $16,000 by CBP was reported by Customs this week. The seizure

A pile of $20 bills on a table, similar to the Dulles airport currency seizure case mentioned in this article
A Dulles airport currency seizure resulted in the seizure of $16,000 by CBP.

occurred last Thursday, when a woman traveling to Ghana was stopped and searched by Customs when she failed to report traveling with $6,951 more than she had.

According to the story, the currency was found in both her luggage and on her person; CBP may use this as a basis to allege not only a failure to report, but also bulk cash smuggling. If Dulles alleges bulk cash smuggling as reason they seized the money in the notice of seizure, this lady will almost certainly be looking at a huge loss of money as a penalty, even if she can prove it came from a legitimate source and had a legitimate intended use. This is because bulk cash smuggling permits Customs to keep more of the money as a penalty.

Here is the excerpt from the full Customs Dulles airport currency seizure story:

A woman boarding a flight to Ghana was selected for questioning by CBP officers who were conducting an outbound enforcement operation on an international flight. The woman completed a financial form, reporting $10,000, however; a total of $16,951 in U.S. and foreign currency was discovered on her person and in her luggage. CBP officers seized the $16,951, returned the equivalent of $192 in foreign currency as humanitarian relief, and advised her how to petition for the return of the rest of the currency.

As I’ve said before, don’t take legal advice from Customs. Depending on the source of the money and the circumstances of the seizure filing an administrative petition might not be her best option; it could be that filing a claim, making an offer in compromise, or filing a petition in the federal court are the best options. If you’ve experienced a Customs Dulles airport currency seizure use our trusted legal road-map of a customs money seizure or contact us for a free currency seizure consultation!