Tag: CAFRA

Dulles CBP Seizes Over $13K in Unreported Currency

Posted by Jason P. Wapiennik on December 30, 2013

Customs does not stop seizing money from travellers at airports just because it’s the holiday season. On December 26, customs seized over $13,000 from a Ghanian man who failed to report transporting more than $10,000 from the United States at Dulles airport. The link is here. The serves as a reminder that the currency reporting requirements apply to persons transporting money both into or outside of the United States equally.

U.S. Customs and Border Protection (CBP) at Washington Dulles International Airport seized $13,585 from a Ghanaian citizen Thursday for violating federal currency reporting regulations.

The man, who was boarding a flight to The Netherlands, was interviewed by CBP officers. During the interview CBP officers explained the currency and monetary instruments reporting requirements and asked him numerous times how much money he was travelling with. He declared verbally and in writing possessing $8,700. A subsequent search produced a total of $13,585. The $13,585 was seized with $185 being returned to him for humanitarian relief.

There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

CBP officers advised the traveler how to petition for the return of his seized 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 Christopher Hess, CBP port director for the Port of Washington. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

In addition to currency enforcement, CBP routinely conducts inspection operations on arriving and departing international flights and intercepts narcotics, weapons, prohibited agriculture products, and other illicit items.

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.

Please read these other articles:

Increased travel = increased customs currency seizure

Posted by Jason P. Wapiennik on December 23, 2013

Increased travel for the holidays means increased opportunities for customs to seize your money for failing to report the transport of more than $10,000 into or out of the United States. You should protect yourself from seizure and ensure that you comply with all the laws related to entering or leaving the United States, but most especially for readers of this customs law blog, the curreny reporting requirements for the United States.

Customs warns in a recent news release for travel tips as follows:

With the holiday season in full swing, U.S. Customs and Border Protection is providing international travelers with the following helpful tips to ease travel angst when departing from or returning to the U.S.

[ . . . ]

Currency: There are no restrictions on the amount of money that can be carried into or out of the U.S. The only requirement is that if the amount exceeds $10,000, the currency must be reported on a “Report of International Transportation of Currency or Monetary Instruments” form (FinCEN 105). The completed form must be turned in to a

International Arrivals at DTW

CBP officer prior to departing the U.S. if carrying the currency out, or upon return if carrying the currency in. Failure to report currency can result in prosecution or severe penalties including forfeiture.

[ . . . ]

CBP Inspection Process: Understand that CBP officers have the authority to conduct enforcement examinations on travelers and their belongings when entering the U.S. Thorough examinations of luggage, personal belongings, and personal searches are meant to enforce U.S. laws as well as protect the nation.

Please read these other articles:

CBP Seizes $82,000 in Currency

Posted by Jason P. Wapiennik on December 12, 2013

In a news release issued today from Customs we learn about a recent customs money seizure in Brownsville, Texas, that involves concealing the currency inside a vehicle. Because the news release does not contain the individual’s name involved in the bulk cash smuggling and failure to report offense, it seems likely that she was not ultimately arrested. This seems to be confirmed by the fact that the news release explains that, in order to get the seized money back from customs, you may file a petition and prove legitimate source and a legitinate intended use. See our selection of articles by our customs lawyer below the following excerpt for more on the process of getting your seized money back from customs.

U.S. Customs and Border Protection (CBP) officers conducting outbound enforcement operations at the Brownsville Port of Entry seized $81,864 in bulk U.S. currency.

“Vigilance in our outbound enforcement inspections is critical to our efforts of keeping undeclared currency from being exported without meeting proper reporting requirements. I commend our CBP officers for an outstanding seizure and arrest in this alleged bulk currency smuggling case,” said Michael Freeman, CBP Port Director, Brownsville.

On December 7, 2013, CBP officers working outbound enforcement operations at the Brownsville and Matamoros International Bridge came in contact with a 2002 Chrysler Town & Country as it attempted to exit the United States and enter Mexico. The female driver, a 42 year-old United States citizen from Brownsville, Texas was referred to secondary for further inspection. In secondary, a search of the Chrysler resulted in the discovery of three packages of bulk U.S. currency hidden within the vehicle.

CBP officers seized the currency; the driver has been transferred into the custody of U.S. 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 [Editor’s Note: Actually, the law says more than $10,000] 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.

Please read these other articles:

Large Customs Money Seizures in Puerto Rico

Posted by Jason P. Wapiennik on December 5, 2013

In a recent Customs news release two customs money seizures were reported in the same weekend at the Luis Munoz Marin airport in San Juan, Puerto Rico. These are big currency seizures totalling nearly $300,000 in seized money. I quote the story below:

San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $180,678 in unreported currency Saturday, while conducting routine outbound operations on a flight departing to Santo Domingo, Dominican Republic. Another seizure occurred on Sunday, during an enforcement routine check at the airport’s baggage claim area, resulting in the seizure of an additional $109,989 concealed within luggage.

On Saturday, CBP officers selected United States citizen Luis Carrion-Velilla, 32, for examination, and explained to him the currency reporting requirements. Another passenger traveling with Mr. Carrion was also interviewed. During the interview, they claimed to be transporting less than $10,000. Intensive examination revealed $180,678 concealed in several locations, within clothing in their luggage, in a toiletry bag and in a false bottom compartment on a carry-on. During the interview, it was determined that all the money belonged to Mr. Carrion, which he voluntarily abandoned.

The currency was seized under bulk cash smuggling laws and Assistant AUSA Maritza Gonzalez approved criminal prosecution. [Note: Read the article I link to, but it is smuggling because it was concealed.]

“The unreported cash that we seize has an impact on criminal organizations by making it more difficult for them to further their illicit activities,” said Juan Hurtado, San Juan area port director. “CBP officers remain vigilant generating important enforcement activity regularly.”

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. [Note: technically this is wrong, the reporting requirement is triggered if the amount is more than $10,000, not $10,000 “or higher”].

On a separate incident Sunday, law enforcement authorities seized $109, 989 during an enforcement routine check in the baggage claim area of the Luis Munoz Marin International Airport. A Puerto Rico Police canine alerted to a piece of luggage and PRPD agents found the currency hidden inside. CBP officers and Homeland Security Investigation agents provided assistance with the seizure and subsequent investigation. Local and federal law enforcement authorities in Puerto Rico will continue to work together to disrupt criminal activity in the island.

Please read these other articles:

Customs Currency Seizure Totalling $421,770

Posted by Jason P. Wapiennik on November 28, 2013

In a recent news release U.S. Customs (CBP) seized nearly half of a million dollars in money concealed in the quarter panels of a vehicle. This means that the vehicle is subject to seizure as not only a vehicle outfitted for smuggling but also because it is a conveyance used in the violation of a law. That story is below:

El Paso, Texas – U.S. Customs and Border Protection officers and U.S. Border Patrol agents performing southbound inspections at the El Paso port of entry seized $421,770 November 9. The money was concealed in the quarter panels of a car and in the purse of the driver.

“The team of CBP officers and Border Patrol agents performing outbound examinations are working hard to stop the flow of smuggled currency, weapons, ammunition, and other violations,” said El Paso Port Director Hector Mancha. “Individuals can export any amount of money they desire but if the total exceeds $10,000 it must be reported to CBP. Failure to properly report incoming and outgoing monetary instruments can result in seizure of the proceeds.”

The seizure occurred at approximately 7 p.m. November 9 at the Ysleta international crossing. CBP officers and Border Patrol agents were screening southbound traffic when they selected a 2004 Chevrolet Cavalier for a secondary exam. As CBP personnel were interviewing the driver and lone occupant of the car a CBP currency detector dog alerted to the quarter panels of the vehicle. CBP personnel continued their exam and located bundles of money hidden within the quarter panels. CBP recovered a total of 36 packages of bundled currency including four in the purse of the driver. No arrests were made and the investigation continues at this time.

The fact that no arrestswere made and the investigation continues seems to indicate to me that, perhaps, there was no nexus to illegal activity. Maybe they were hiding the money to keep it safe. I have handled stranger cases. If the money is civilly seized the persons with an interest in it are going to eventually get a notice of seizure to which they will have to respond.

Please read these other articles:

Customs Seizes $35,018 in Currency

Posted by Jason P. Wapiennik on November 26, 2013

Customs has released another customs money seizure news release about some unreported and concealed money that was being taken from the U.S. to Mexico. Because the money was 1) not reported and 2) concealed, it can be seized for both failing to file a report and for concealing money with the intention to evade the reporting requirement. What the release particularly notes and what I want to draw attention to is that the vehicle was seized — a “conveyance” (here, the vehicle) can be seized because it was involved in a smuggling attempt, because it was outfitted for the purposes of smuggling, and/or because it was used to aid an importation contrary to law.

U.S. Customs and Border Protection officers working at the Calexico downtown port of entry Thursday . . . and intercepted $35,018 in unreported U.S. currency . . . . The . . . incident occurred shortly after 6 p.m. on Nov. 14, when CBP officers were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2006 Chevrolet Silverado pickup truck and referred the driver, a 30-year-old male, and vehicle for a more in-depth examination. During an intensive inspection that included an alert from a currency and firearms detector dog and use of the port’s imaging system, officers discovered two wrapped packages of U.S. currency concealed inside the center console between the vehicle’s front seats.

The report goes on to to state the the vehicle and currency were seized, and to note that it is a federal offense not to declare currency or monetary instruments totaling more than $10,000 to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements.

Please read these other articles:

CBP Seizes $30,007 in Unreported Currency

Posted by Jason P. Wapiennik on November 21, 2013

The pace of customs currency seizure news releases has declined since the government shutdown, but today Customs released some details on a recent currency seizure at sea. This is different than a lot of currency seizure stories posted here which usually happen in airports or at land border crossings. Let’s look at the details, with my emphasis in bold and my comments in brackets:

San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $30,007 in unreported currency last Friday from a passenger departing on board the M/V Caribbean Fantasy Ferry destined to Santo Domingo, DR. The seizure occurred during routine outbound examination of passengers at the Pan American Dock West in San Juan, Puerto Rico.

Dennis Mota-Rodriguez, 50, resident of San Juan, failed to accurately declare having in his possession more than $10,000 [Editor’s note: read about the reporting requirement HERE]. CBP officers conducted further examination of Mota and his belongings and discovered money concealed within a book agenda, hidden within clothing in his checked luggage and wrapped on his person, held by a girdle. [Editor’s note: any concealment, whether in luggage, backpack, etc., so long as it is done with an intent to evade the reporting requirement can be a violation of the bulk cash smugglinglaws].

The currency was seized under bulk cash smuggling laws. Homeland Security Investigations (HSI) special agents arrested Mota-Rodriguez and will proceed with an investigation. [Editor’s note: That’s right, some individuals are charged with criminal, and not just civil, violations of the law.]

“Transportation of currency is not illegal. However, if carrying more than $10,000 through our borders, the currency must be reported to CBP,” said Juan Hurtado, San Juan area port director. “Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges.”

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. [Editor’s note: technically this is wrong, the reporting requirement is triggered if the amount is more than $10,000, not $10,000 “or higher”].

In addition to currency interdiction, CBP routinely conducts inspection operations on arriving and departing international flights and intercepts narcotics, weapons, prohibited agriculture products and other illicit items.

If this guy wasn’t up to anything illegal, then this was totally avoidable. He would have had to file the currency report, and demonstrate a lawful source for the money and lawful intended use. But he could have taken it with him had he only not hid the money and given Customs what they needed. In myopinion, though, sometimes Customs gets a little overzealous or unfair in their enforcement; however, I think the vast majority of customs officers do their job well. 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.

Please read these other articles:

Customs Money Seizure Radio Interview

Posted by Jason P. Wapiennik on November 10, 2013

Customs lawyer Jason Wapiennik will be interviewed today at 4:30 EST on Detroit’s AM 680/690 by certified Arabic interpreter Ratib Habbal in a live interview that will be translated from English into Arabic. We will be discussing common questions with regards to customs money seizures, getting seized money back from Customs, and other areas of Great Lakes Customs Law’s many practice areas.

The interview can be heard live by visiting the WNZK‘s live audio stream HERE.

Smuggled Cash in Tire Seized by Customs

Posted by Jason P. Wapiennik on October 22, 2013

Not all stories about cash seized by customs have such great pictures. In September, Customs reported on the discovery of over a half-million dollars concealed in the spare tire of an automobile headed for Mexico. The cash was seized by customs. That story, and the pictures, is what follows (with my emphasis in bold):

Calexico, Calif. — U.S. Customs and Border Protection officers arrested a Tecate man on Friday after discovering $654,900 in unreported U.S. currency hidden in the spare tire of the vehicle he was driving.

The incident occurred at about 5:45 a.m. on August 30th, when CBP officers, together with members of the Imperial Valley Border Enforcement Security Task Force (IV-BEST), were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2011 Toyota Tacoma and referred the driver for further examination.

During an intensive inspection that included an alert from a detector dog and the usage of the port’s imaging system, officers discovered 24 wrapped packages of U.S. currency concealed inside the vehicle’s spare tire.

The driver, a 45-year-old Mexican citizen, was turned over to the custody of Homeland Security Investigation (HSI) agents with the IV-BEST for further processing, and was later transported to the Imperial County Jail to await arraignment.

CBP placed an immigration hold on the driver to initiate removal from the United States at the conclusion of his criminal proceedings.

CBP officers seized the money and vehicle.

It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 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.

This is no doubt a criminal prosecution and the person could be determined to be guilty of bulk cash smuggling and failure to report currency over $10,000, and the cash seized by customs will will be forfeited and become the property of the government. 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 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:

How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Posted by Jason P. Wapiennik on October 9, 2013 with 13 Comments

My clients who have had currency seized from Customs often ask me how long it takes to get the money back, or in other words, how long customs has to respond to a petition? The answer depends on a lot of factors. After the currency/monetary instruments are seized
Customs must issue a notice of seizure, and usually they must issue it within within 60 days. ((19 CFR Part 162)) If you elect to file a petition to try and have them money returned, usually the longest part of the process is waiting for Customs to make a decision on the petition.

That’s because Customs has no time limit or deadline for deciding a petition. This is hard for anyone to understand because almost every aspect of our lives has some sort of time limit on it…. but not so for Customs. It is possible that it could take forever to make their decision; and as ridiculous as that sounds, it’s basically true. ((The exact limits of how long Customs may take to make a decision are discussed by the U.S. Supreme Court in U.S. v. Von Neumann, 474 US 242 (1986), and the government indicated that the Administrative Procedures Act might provide a remedy.))

When Customs revised their regulations, during the notice and comment period someone commented that Customs should be required to make their decision on a petition in 120 days. Here is the exchange that sets forth Customs policy ((65 FR 53565, 68, dated 9/5/2007)):

Comment

One commenter indicates that the regulations should be amended in a manner to require Customs to act on petitions within 120 days. The commenter states that when a petition is received, not much else has to be done by Customs and there is no basis for continued delays.

Customs Response

Customs does not agree. When a petition is received, an investigation often must be undertaken in order to determine the veracity of statements made in that petition. This can be a time consuming process, particularly if information from foreign sources must be obtained. Additionally, there are instances when a claimant to seized property or a charged party asks that Customs delay a decision on a petition for relief. If Customs is required to adhere to a rigid decision schedule, it could work to the disadvantage of such a party. While Customs makes every effort to decide petitions for relief as expeditiously as possible, Customs sees no reason to amend the regulations to place a strict time frame on the processing of petitions.

As stated above, there is no time limit on their deciding a petition because Customs conducts their own investigation and review of the incident. For example, the paralegal specialist assigned to the case must determine who has authority to make the decision (it varies based on the property value), analyze the facts presented in the petition against those presented by the seizing officer, thoroughly review the law with respect to the violation, and determine if FP&F has all the necessary information to render a decision, and if not, refer to another source to get that information. The petition can then be referred to the seizing officer, and/or the office of investigations, other agencies, and other technical and legal experts. This is sometimes called by CBP a “technical review” by Homeland Security Investigations. Sometimes HSI will ask to interview you (bad idea, here’s why).

On top of that, there are the normal delays inherent in the process. There may be a number of petitions ahead of yours; or, the paralegal, investigators, or agents may be on leave, sick or taking a vacation, and of course something more urgent might intervene (for example, a change in priorities due to a government shutdown). All of these things can effect how long it takes your petition to be decided. Some ports, on average, take longer than others. In our experience, Detroit processes its cases much faster than New York or Chicago.

The one thing that is for certain is that hiring an experienced attorney to handle you currency/monetary instrument seizure case is important. An experienced attorney can make sure that Customs has all the evidence they need, and everything is presented to Customs in the appropriate fashion. We often find that when we are hired, Customs issues the notice of seizure immediately which can have a great impact on how quickly the petition is prepared, filed and decided by Customs.

If you have had your currency/monetary instruments seized, do not decide how to respond to the notice of seizure without first consulting an attorney. If a petition is appropriate, my office prepares a detailed legal memorandum that contains factual narrative with my client’s side of the story, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the seizure. When the facts allow for it, my 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. At times, Customs violation of the law or their own policies may permit us to make technical arguments that cancel the seizure entirely.

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 will be happy to answer any questions you have and explain the process to you. 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: