Tag: bulk cash smuggling

Philly CBP Provides On-Site Mitigatation for Reporting Violation after Currency Seizure

Coming out of the Philadelphia airport, CBP has another news release dealing this time with a currency seizure based on a structuring violation and failure to report by U.S. Customs and Border Protection :

U.S. Customs and Border Protection (CBP) at Philadelphia International Airport assessed a $1,000 penalty to an Italian citizen Tuesday for violating federal currency reporting requirements. During a secondary inspection, the man, who arrived from Italy, reported possessing $11,700. It was later discovered that the man had given money to two co-travelers in order to evade currency reporting requirements, an illegal practice known as currency structuring. In total the cash added up to $24,644. CBP officers seized the money, issued the man a $1,000 penalty, and then returned the remaining cash back to the man.

[ . . . ]

“Customs and Border Protection officers offer travelers multiple opportunities to truthfully report their currency, but those who refuse to comply with federal currency reporting requirements face severe consequences, such as hefty penalties, having their currency seized, or potential criminal charges,” said Allan Martocci, port director for the Area Port of Philadelphia. “The easiest way to keep your currency is to truthfully report it.”

International travelers who arrive or depart the United States in possession of more than $10,000 or equivalent foreign currency are required to report all currency to CBP officers and complete a Treasury Department Financial Crimes Enforcement Network (FinCEN) form.

So Customs’ determined that man was in transporting $24,644, but he had given $12,944 to two people with whom he was traveling. As explained in the article linked above, it is illegal to structuring a transaction to avoid filing the currency reporting requirement. From the facts as narrated, it almost looks as though the man did voluntarily report traveling with more than $10,000 ($11,700), but mis-reported the amount by failing to disclose the remaining $12,994 that his “co-travelers” were carrying. I think that the argument could be made that there was no structuring violation if he did file the report; just a violation to accurately report the amount of money that was being transported. That’s a tricky, technical argument to make, though. Never put yourself in that situation.

On the bright side for this individual, he was able to get his money back on the scene – he did not have to go through the petition process, and its inherent delays, to get the seized money back. As far as I am aware, on-scene mitigation is only available to those persons who are transporting less than $25,000, and who mis-report an amount that is 5% or less in variance with the actual amount being transported. I am not sure how this case qualified for on-scene mitigation because the mis-report was greater than 5%, but this gentleman should consider himself lucky.

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.

Customs Seizes Money Smuggled in Gas Tank

Although this case is definitely outside the realm of your average failure to report currency in excess of $10,000, I always find these types of smuggling cases interesting because they show the great lengths and cleverness that people will go when smuggling. It also shows that great talent of the men and women (and their trained dogs) of U.S. Customs & Border Protection in detecting smugglers and smuggled property.

U.S. Customs & Border Protection (“CBP”) reports another currency seizure at the U.S.-Mexico border, as follows:

Calexico, Calif. — U.S. law enforcement officials in Calexico, Calif. found more than $750,000 cash hidden in a gas tank Monday, in a vehicle headed into Mexico.

At about 10 a.m., U.S. Customs and Border Protection officers, together with members of the Imperial Valley Border Enforcement Security Task Force, were conducting inspections of vehicles in the U.S. headed south into Mexico at the downtown Calexico port of entry.

Officers targeted a silver 2005 Honda Accord, driven by a 24-year-old female U.S. citizen, for inspection.

A CBP officer with a currency/firearms detector dog screened the vehicle, and the canine alerted to the gas tank area.

Officials found 42 packages of unreported U.S. currency, vacuum sealed in clear plastic bags, floating within the gas tank. The currency totaled $762,930. Officials also found another $221 in U.S. currency on the driver.

CBP officers seized the currency and the vehicle, and turned the driver over to U.S. Immigration and Customs Enforcement agents with the Imperial Valley Border Enforcement Security Task Force. The San Diego U.S. Attorney’s Office will prosecute the driver.

Yes, that’s right, over three-quarters of a million dollars floating in bags in an automobile’s gas tank. And the dog still smelled it.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Man’s Money Seized by Customs Trying to Smuggle Out of U.S.

According to a recent news release, Customs intercepted an alleged outbound currency smuggling attempt in Arizona:

A local man was arrested yesterday for attempting to smuggle $50,000 in unreported U.S. currency into Mexico through the Port of Nogales.

Customs and Border Protection officers and Border Patrol agents conducting outbound inspections at the Dennis DeConcini Port referred Rene Becerra-Portillo Jr., 22, of Rio Rico, Ariz., for further questioning. During the subsequent search of the man who was wearing a uniform from a local fast food restaurant and carrying a bag and drink, $50,000 of unreported currency was found inside the bag. The cash was processed for seizure. Becerra was referred to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

The seized money was in a fast food bag, and he was wearing a uniform for a fast food joint. The variety of different means smugglers use always impresses me.

If you have money seized and receive a notice of seizure, do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly. The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

 

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Read about responding to a customs currency seizure.

$25K Currency Seizure at Philadelphia International Airport

This is the second such story from Philadephia about Russian’s and the Philadelphia airport, the first one I commented on here. CBP releases this news with my emphasis in bold:

Philadelphia – Failing to truthfully declare items to U.S. Customs and Border Protection (CBP) officers and agriculture specialists at Philadelphia International Airport proved to be expensive lessons for several travelers during a busy weekend.

CBP officers seized $25,720 from a Russian citizen Friday, and assessed a mitigated $1,000 penalty to a U.S. citizen Sunday who each violated federal currency reporting requirements, [ . . . . ]

“The events of this weekend represent just a simple snapshot into what U.S. Customs and Border Protection employees do at our nation’s 330 ports of entry every day to ensure respect for established U.S. laws, and to protect our citizens, our economy and our nation,” said Paul Nardella, acting CBP port director for the area port of Philadelphia. “The one thing that we ask is for travelers be honest with us and truthfully declare what they are bringing to the U.S.”

The Russian man first reported that he possessed $9,000 during a routine inspection Friday. He then amended that amount to $19,000 after CBP officers advised him that currency reporting requirement also covered personal and travelers checks. CBP officers then discovered a total of $27,448 during a baggage examination. The currency consisted of $17,220 in U.S. dollars, $250 in Australian dollars (equivalent to $228 USD) and a $10,000 personal check. CBP officers seized $15,720 in U.S. dollars and the check, and released the remainder to the traveler for humanitarian purposes. Officers also advised the traveler the process for petitioning for his currency, and then released him to continue his visit.

CBP officers assessed the mitigated $1,000 penalty Sunday after they discovered $17,579.43 in U.S. dollars and equivalent foreign currency during a baggage inspection. The U.S. man initially reported $4,000 in U.S. dollars and $4000 in Euros.

There is no limit to how much currency that travelers can bring into, or take out of the United States. However, travelers are required to report amounts of $10,000 or more in U.S. dollars, equivalent foreign currency, or other monetary instruments.

[ . . . ]

CBP routinely conducts inspection operations on arriving and departing international passengers and cargo, and searches for terrorist weapons, illicit narcotics, unreported currency, counterfeit merchandise, and prohibited agriculture and other products.

 

Do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly. The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

 

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Read about responding to a customs currency seizure.

Currency Seizures by U.S. Customs Increase on the Holidays

The holidays always seem to be ripe for currency seizures by U.S. Customs & Border Protection because of the increased amount of travel that invariably happens during the holidays. And when I say holidays, I do not mean those national and international holidays, too.

Whether you’re crossing the U.S.-Canadian border to participate in the the holiday festivities with your family, or you’re a Chinese national returning from China with a bagful of red envelopes (hongbao) from surprisingly generous relatives, or simply trying to get some money back to your family in Syria or Egypt who face a grave humanitarian crisis, we can help you get your seized money returned to you. If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. Read about responding to a customs currency seizure.

So, it is no surprise that there will be an up-tick in currency seizures during this Fourth of July weekend. This news story was released yesterday and occurred on June 30, where CBP Officers Seizure $39,000 in Unreported Funds. It will probably be just the first in a string of currency seizures in the news.

Phoenix, Ariz. — A local man attempted to smuggle $39,100 in unreported U.S. currency into the United States from Angola.

On Sunday afternoon, U.S. Customs and Border Protection officers assigned to Phoenix Sky Harbor International Airport were conducting inspections of arriving passengers on a British Airways flight referred a 67-year-old man for further inspection. During the search of the man’s luggage, officers found envelopes containing the large volume of unreported currency. The cash was processed for seizure.

The man was turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

CBP’s Office of Field Operations is the primary organization within Homeland Security tasked with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the United States while facilitating the flow of legitimate trade and travel. Their mission also includes carrying out border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation’s food supply and agriculture industry from pests and diseases.

We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Call (734) 855-4999 today.

CBP Seizes $205,500 in Unreported Money

As reported by CBP in a recent news release:

Lukeville, Ariz. – Two Mexican nationals were arrested Monday for attempting to smuggle $205,500 of unreported U.S. currency into Mexico through the port of Lukeville.

Customs and Border Protection officers conducting outbound inspections selected a 2000 Toyota sedan for a secondary inspection. The vehicle’s occupants [ . . . ] told officers they had nothing to declare. During the inspection, however, officers found 22 bundles of U.S. currency in the vehicle’s panels.

Both individuals were referred to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The cash and vehicle were seized.

Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

Live and learn, and quit smuggling. The vehicle was probably seized under authority of 19 USC 1595a, which allows Customs to seize any conveyance which has been outfitted for the purposes of smuggling (e.g., vehicles with secret compartments, boats with false floors, secret hull compartments, etc.). The money was probably, at least until criminal charges are made, seized for a simple bulk cash smuggling and/or failure to report the transportation of more than $10,000 out of the United States.

And while we are on the topic, isn’t this fact pattern a much more obvious case of bulk cash smuggling? The money was concealed in the vehicle’s panels, and there is likely no logical reason why it should be stored there; but, this qualifies for concealment and, as the bulk cash smuggling law is written, so does simply having it stored in your luggage, as explained in previous articles.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. Read about responding to a customs currency seizure.

We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

 

$61k CBP Currency Seizure at Washington Dulles

Recently, at Washington’s Dulles Airport, CBP seized over $60,000 that was mis-reported to Customs by a Gambian national and concealed in his baggage:

On Saturday, CBP officers and Homeland Security Investigations (HSI) agents from Immigration and Customs Enforcement (ICE) discovered $64,770 in U.S. dollars that the Gambian man had concealed throughout his possessions. The man initially reported to two CBP officers separately that he did not possess more than $10,000 in U.S. dollars or equivalent foreign currency. After CBP explained the currency reporting requirements, the man then reported that he possessed no more than $14,000. After an initial baggage examination revealed $44,750, the man completed a U.S. Treasury currency reporting form reporting $44,750. A subsequent examination of a carry case revealed an additional $20,000. CBP seized $61,770, released $3,000 to the man for humanitarian purposes, and then released him.

So, our Gambian friend in this story has made several mistakes. First, he no doubt put on his traveler’s declaration form that he was not in possession of more than $10,000. Second, when orally asked by CBP to confirm or deny that fact, he denied it, which was apparently false. Third, when he finally decided to declare possession of more than $10,000, he only declared $14,000, despite having an additional $50,000 with him. Fourth, CBP could probably charge him for bulk cash smuggling because the money was apparently concealed from the view of CBP within his baggage.

Basically, any one of these constitutes a failure to report; however, in my experience (despite some occasional abuses) Customs does give traveler’s an opportunity to amend their currency report and properly declare their money. The law is clear, though, all of the currency or monetary instruments is subject to seizure, even the amount that was reported. So in this case, even though $14,000 was eventually reported, the entirety of the money gets seized — not just the amount over and above the $14,000. This mistaken belief sometimes gets people into trouble.

If you have had currency seized and are wondering how to proceed, please make use of the other information we make available on this website or call our office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

$19,000 money seizures by Customs in Philadelphia

It’s nice to see news releases about things other than currency seizures that occur at the U.S.-Mexican border involving bulk cash smuggling. This particular one is from Philadelphia, and the original story is available here. Before we get to the meat of the story, let me point out a few things:

moneystack

First of all, note that “surrendering” is an interest choice of words; if not just poor word choice by the author, it suggests that money was turned over voluntarily rather than seized, perhaps in recognition of some wrongdoing. I have never come across anyone who just surrenders their money to customs and then is instructed to file a petition. I have had Customs allege client’s had “abandoned” the money that was seized, but why the curious choice of words in either case I do not know.

Second, the story mentions that the Indian man paid a $1,000 civil penalty. This means that the man must have been travelling with sufficient documentation to prove legitimate source and no connection to criminal activity, and further, that he had a legitimate intended use for the money — necessary elements to responding to a notice of currency seizure. In some circumstances, where the amount transported is less than $25,000 Customs can eliminate the need to file a petition for the money by mitigating the seizure on-site.

The story, with my emphasis in bold:

Philadelphia – A U.S. citizen learned the importance of being truthful on U.S. Customs and Border Protection (CBP) declarations and to CBP officers after surrendering $19,000 for violating federal currency reporting requirements Sunday at Philadelphia International Airport.

During a secondary inspection, the man, who arrived from Germany, reported possessing no money upon his return to the United States. CBP officers explained the currency reporting requirements to which the man said he understood, then verbally and in writing declared no money. CBP officers then discovered $19,417 in U.S. dollars and 405 Euros. CBP officers returned $417 in U.S. dollars and the 405 Euros as humanitarian relief, advised the man as to the process to petition for the remaining currency, and released him.

[ . . . ]

“Customs and Border Protection officers offer travelers multiple opportunities to truthfully report their currency, but those who refuse to comply with federal currency reporting requirements face severe consequences, such as hefty penalties, having their currency seized, or potential criminal charges,” said Allan Martocci, CBP port director for the Area Port of Philadelphia. “The easiest way to keep your currency is to truthfully report it.”

CBP officers assessed a $1,000 civil penalty to a second traveler, an Indian man who arrived Saturday from Germany after officers discovered $17,750 in U.S. dollars and 14,330 in Indian Rupees in his possession. The combined currency equated to$18,007 in U.S. dollars.

International travelers who arrive or depart the United States in possession of more than $10,000 or equivalent foreign currency are required to report all currency to CBP officers and complete a Treasury Department Financial Crimes Enforcement Network (FinCEN) form.

Do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly. The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

 

Currency smuggler tries laundering money

Pardon the clever title, but a news release from U.S. Customs & Border Protection tells the tale of a man who tried to smuggle more than $50,000 in a laundry detergent box out of the United States:

CBP officers and Border Patrol agents were conducting a southbound inspection operation at the 


PresidioCurrency Smuggler Laundering Box crossing when [ . . . ] a 2011 GMC Sierra pick-up driven by a male U.S. citizen approached the checkpoint. The driver and vehicle were selected for an intensive exam. During inspection of the vehicle and baggage the officers noticed tampering on an unopened box of detergent. Further inspection of the box revealed currency bundles wrapped in plastic bags hidden within the soap. CBP officers seized the money and vehicle. No arrests were made and the investigation continues.

“CBP officers are working hard to stop the illegal movement of guns, ammunition and unreported currency,” said David Lambrix, U.S. Customs and Border Protection Presidio port director “Travelers who do not follow federal currency reporting requirements run the risk of losing their currency and may potentially face criminal charges.”

As you can see from the last paragraph, it is stories like these that really give Customs a chance to get on their soap box about their mission, money laundering, and the currency reporting requirements.

If you have had your money seized by Customs, please contact our office today and speak to an attorney experienced in customs law and currency seizures by calling (734) 855-4999, or e-mail us through our contact page.

 

Baltimore Customs Seizes $16,000 in Unreported Money

Another currency seizure news release from Boston, which is reported here. As can be seen by the facts, the reason for the violation here was a misreport of the amount of currency being transported, which always includes all currency, whether U.S. or foreign, and also a concealment (i.e., smuggling) of another $6,200 wrapped in personal items.

Even though the couple was forthright in declaring $10,000 of their currency, all of the currency included the $10,000 was seized. This case is useful in presenting common issues concerning currency seizures, such as:

We have a lot more information on currency seizures that we make available on our Currency Seizure page and on this blog. Here are the facts in this case, as realted by CBP:

Baltimore — U.S. Customs and Border Protection (CBP) at Baltimore Washington International Thurgood Marshall Airport (BWI) seized $16,000 yesterday from a Nigerian couple for violating federal currency reporting regulations.

The passengers, who arrived to BWI from London and were destined for Essex, Md., repeatedly declared possessing only $10,000 and presented two envelopes to CBP officers containing the equivalent of $10,345 in U.S. and foreign currency. CBP officers explained the currency reporting requirements and again asked the couple if they were carrying any more currency or monetary instruments to which the passengers stated they were not. While examining the passenger’s luggage, CBP officers discovered another envelope wrapped in clothing that contained $6,200 bringing the total to $16,545.

If you have had your money seized by Customs, please contact our office today and speak to an attorney experienced in customs law and currency seizures by calling (734) 855-4999, or e-mail us through our contact page.