Tag: CAFRA

Customs seizure of smuggled money in Arizona

Posted by Jason P. Wapiennik on May 30, 2013

A news release from Customs & Border Protection goes into some detail on a recent money seizure in Arizona. The release says that Customs officer’s seized $10,744 in unreported money/currency from a 22-year old guy with a valuable pair of shoes (see below. sometimes I just like re-posting these new releases for the pictures they provide of smuggling attempts).

U.S. Customs and Border Protection officers and Border Patrol agents conducting outbound inspections referred a 22-year-old man for further inspection. During a search of the man, officers found $10,744 in U.S. currency concealed in his shoes. The currency was seized and the man was arrested and referred 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.

Unlike the usual cases I handled where the unreported seized money is part of a civil seizure, this apparently was a criminal seizure. While any violation can give rise to criminal penalties, usually if there is no suspicion of criminal activity the assistant U.S. attorney will not press charges.

In fact, before sometimes before a person is a released after being detained for bulk cash smuggling, a failure to report currency over $10,000, or a structuring violation the seizing officer will call and explain the circumstances to the assistant U.S. attorney, who may either accept, defer, decline prosecution. Of course, if prosecution is initially declined, it would not prevent the government from changing their mind and pursuing criminal charges should they find new evidence in the future.

The risk of criminal prosecution, and the complicated process of actually getting your money through the petition process, is a good reason to give our office a call at (734) 855-4999, or e-mail us if you have had your money seized by Customs, even if you feel it was innocently done. We provide more reasons for hiring an attorney in our tutorial on the currency seizure process.

Customs seizes $360,000 in Unreported Money

Posted by Jason P. Wapiennik on May 22, 2013

A May 3rd news release from Customs & Border Protection details a recent money seizure in Texas. The release says that Customs officer’s seized $360,025 in unreported currency from a male Mexican national when attempting to exit the U.S. and enter Mexico.

What is interesting about this story is there is what is not said, because these news releases usually give some indication that they suspect there was some connection with illegal drug activity. This, however, only says what I have written about many times; that a failure to report currency over $10,000 (failure to report), or concealing more than $10,000 with an intent to evade the reporting requirement (bulk cash smuggling) is illegal.

Another curious aspect is that the $360,000 was concealed in 36 separate packages, which means that each package had about $10,000 in it. I don’t know if that’s just a convenient amount to put in a package, or if there were supposed to be 36 different transactions taking the money across the border by different people or at different times. That would be a structuring violation, anyway.

Here is the full story:

The vehicle, driven by a 23-year-old male Mexican citizen from San Luis Potosi, Mexico, was selected for further inspection and was referred to secondary. During the process of the secondary inspection, officers noted irregularities within the vehicle and further inspection revealed multiple hidden packages of unreported U.S. currency. Officer discovered and seized a total of 36 packages, which totaled $360,025 in unreported U.S. currency and also seized the vehicle.

CBP-OFO arrested the male traveler and subsequently released him to the custody of Homeland Security Investigations (HSI) agents for further investigation.

“This outstanding seizure of unreported currency was accomplished due to excellent teamwork from our CBP-OFO officers,” said Efrain Solis Jr., port director, Hidalgo/Pharr/Anzalduas. “People who fail to declare currency in excess of $10,000 entering or leaving the country will face penalties or be subject to having CBP seize all of the unreported currency.”

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.

And I always recommend that anyone whose currency has been seized should contact a lawyer to draft a petition for return of the currency. So 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 unreported money at border crossing

Posted by Jason P. Wapiennik on May 9, 2013

Two Mexican national women were trying to exit the U.S. at a port and enter Mexico when they were suspected of smuggling something, and searched. According to this CBP news release:

During the search, a CBP officer noticed the woman appeared to be concealing something under her clothing, which turned out to be $20,000 in

cash. A further search revealed another $13,400 in her shoes and $5,600 in a pair of pants she was carrying. Officers then found $10,979 in the woman’s purse, bringing the total amount seized to $49,979.

Two hours later, officers referred a 43-year-old woman from Nogales, Sonora, for further inspection as she was about to exit the U.S. through a pedestrian lane. A subsequent search led to the discovery of $11,361 in her purse. The woman told officers the money came from selling drugs and that she was being paid to deliver the funds back to Mexico.

Nearly $11k was located in the purse of a woman who was caught trying to bring nearly $50k into Mexico.

All funds were seized and both women were arrested on charges of bulk cash smuggling.

Well, this case is pretty clear if the woman admitted the money came from the proceeds of drug sales. This type of illegal activity is one of the very reasons for the requirement to report more than $10,000 being transported across the border. For most people who innocently run afoul of the law, if they could prove legitimate source and legitimate intended use of the funds then they have a good chance at getting back their money.

If you have had currency seized from Customs, I strongly advise against trying to do it yourself. Get the help of an experienced attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring a lawyer who does not regularly handle these types of matters.

To inform yourself, please read the various articles I have written on this and related topics. But do not let it replace the advice of attorney who is familiar with the law and your particular circumstances. If you have questions, please give us a call at (734) 855-4999.

Customs Money Seizure of $175,000 in Unreported Currency at Port

Posted by Jason P. Wapiennik on May 2, 2013

As reported recently by U.S. Customs & Border Protection:

U.S. Customs and Border Protection officers conducting outbound inspections selected a Mercedes sedan driven by [a male Mexican national], [aged] 29, of Nogales, Sonora, Mexico, for further inspection. During the search, officers found a concealed compartment containing 14 packages of U.S. currency. The vehicle and cash were seized. Lara was arrested and referred to U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

The total for the concealed currency, which was seized, was more than $175,000 in U.S. currency. This individual was arrested and likely faces state or federal charges for bulk cash smuggling, or other similar violations. If he could prove legitimate source and legitimate intended use of the funds, then this situation is regrettable for him and completely avoidable.

So, if you have had currency seized from Customs, I strongly advise against trying to do it yourself. Get the help of an experienced attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring a lawyer who does not regularly handle these types of matters.

Customs Money Seizure of $376,510

Posted by Jason P. Wapiennik on April 30, 2013

Customs & Border Protection discusses a recent money seizure in a news release available by clicking HERE. This time it was a Mexican national travelling from the U.S. to Mexico, who advised Customs that the items he was transporting in his truck were picked up at a swap meet. According to the story:

During the search of the truck, which was loaded with items the man said he purchased at a swap meet, officers found a box supposedly containing lawn furniture. The box actually contained seven packages of unreported U.S. currency totaling $348,840. The vehicle and cash were seized.

Then at the same port, on the same day and different man and vehicle were inspected, and:

During the search a zip-lock bag, a fast-food sack and a brownie mix box were discovered concealing unreported U.S. currency totaling $27,670.

A picture of this rich and chocolaty brownie mix was also included as part of the story.

These individuals were arrested and face charges for bulk cash smuggling under state law. If we assume he 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 they are ultimately found not guilty of a crime, they will still face civil forfeiture of the money and, if they want it back, will have to fight for its return administratively, or in the courts.If these individuals are found not guilty of a crime, then they face the potentially difficult task of proving a legitimate source and legitimate intended use of the money.

So, if you have had currency seized from Customs, I strongly advise against trying to do it yourself Get the advice of an attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring a lawyer who does not regularly handle these types of matters.

CBP Seizes Money at Texas Port of Entry

Posted by Jason P. Wapiennik on April 25, 2013

We bring these cases to our reader’s attention not because many honest people find themselves with thousands of dollars hidden underneath their vehicle’s floorboards in a secret compartment (although it has happened to some of my honest clients), but because they do allow me to bring to the public’s attention the laws surrounding the transportation of more than $10,000 in money across the border and seizure of that money.

Customs and Border Protection, in a recent news release discusses the seizure of $80,000 as a result of a failed smuggling attempt to take the cash out of the country in a

concealed compartment and without filing a currency report disclosing the source of the money and intended use of the money. Thus, it was seized and the driver arrested for smuggling.

The news release states as follows:

CBP currency detector canines searched the vehicle and alerted to the floor. CBP officers and Border Patrol agents continued their search and located a hidden compartment in the floor of the vehicle. They removed multiple tape-wrapped bundles of money in the compartment.

If this individual is found not guilty of a crime, then he faces the potentially difficult task of proving a legitimate source and legitimate intended use of the money. In this case, we could give the man the benefit of the doubt and presume the legitimate source is the proceeds the sale of valuable pieces of art to an eccentic U.S. art collector and the intended use, perhaps he was intending to open a small restaurant in Mexico City. That’s just my guess, and yes, I have handled more bizarre but true cases.

If we assume he 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, he 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.

That brings me to the next point:

If you have had currency seized from Customs, do not go it alone. Get the advice of an attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring a lawyer who doesn’t regularly handle these cases.

U.S. Customs money seizure in Maine

Posted by Jason P. Wapiennik on March 7, 2013

The Bangor Daily News out of Maine reports on some noteworthy monetary instruments seizures in 2012 by U.S. Customs, including this one:

In one incident the agency highlighted, two Houlton Border Patrol agents seized $89,808 in U.S. currency, $10,440 in Western Union traveler’s checks and $200 in Canadian currency from two men from Canada.

The money was apparently was connected with:

. . . a telephone fraud scheme that preyed on the elderly. The scam involved the subjects advising the elderly of a grandchild or other relative desperately in need of money, and instructing them to wire funds. The victims were subsequently bilked out of hundreds of thousands of dollars.

[ . . . ] The $100,448 initially seized by Border Patrol agents was returned to 18 of the victims.

No mention of the exact legal basis under which the money was seized, or exactly how this fraud scheme became unraveled at the border. I suspect somebody was trying to smuggling the money of the country to evade detection, and taxes, when CBP made the discovery and began putting the puzzle pieces back together.

If you have had currency seized from Customs, do not go it alone. Get the advice of an attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring an inexperienced lawyer. You worked hard for your money, so be sure to protect it. If you have questions, please give us a call.

To further inform yourself, please read the various articles I have written on this and related topics. But do not let it replace the advice of attorney who is familiar with the law and your particular circumstances.

U.S. Customs currency seizures at the ports

Posted by Jason P. Wapiennik on March 1, 2013

As should be expected because of the shared border with Mexico, Laredo news has reports of two other

significantly large currency seizures; one from another Chicagoan who was found to be transporting $214,925 in unreported currency in her vehicle and, more interestingly, and a 21 year old Washingtonian who was transporting $115,594 in currency hidden in seven bundles underneath her clothing.

Both seizures occurred the same day and at the same location. As before, the Laredo news does a decent job of getting the law on this topic right, which I have explained before here by noting that you can petition for the return of the currency and that the person transporting the unreported currency is subject to arrest for criminal violations.

That brings me to the next point:

If you have had currency seized from CBP it is a serious matter – the law is complex, and any mistake can cost you dearly. Please give us a call and we will provide you with a free telephone consultation. To further inform yourself, you can also read the various articles we have written on this and related topics.

Getting back money seized by U.S. Customs when overseas

Posted by Jason P. Wapiennik on February 27, 2013

In the Legal Roadmap of a Customs Money Seizure series of articles we published, we explain how U.S. Customs may seize your cash (currency, whether U.S. or foreign), and any monetary instruments for failing to report transportation of more than $10,000 when entering or leaving the country, for bulk cash smuggling, and/or illegal currency structuring.

That means if you are flying into the U.S. or leaving the U.S. from an airport or land border crossing and you are transporting more than $10,000, do not file a report, have concealed they money, or have divided the cash with others, U.S. Customs (CBP) may seize your money on-site, at the airport or border crossing.

A cash seizure while traveling is problematic because you will not be at your normal residence (or in your own country) for a period of time and you might not receive the CAFRA notice of seizure. The legal problem is that, as we explained in responding to a cash seizure, you might not receive the notice of seizure (because it’s lost or there’s no one to sign for it), or receive it too late.

A cash seizure when traveling overseas also creates problems even if you do receive the notice, because without representation, you will have to burden your friends or relatives with the lengthy and detailed process for getting your seized currency back from U.S. Customs, or because you will have to get them involved in your private and financial affairs.

But after hiring Great Lakes Customs Law as your customers lawyer, we can obtain the CAFRA notice of seizure on your behalf, and usually get it issued more quickly than normal. If we represent you, we make the process as seamless and simple as possible for you. By hiring Great Lakes Customs Law immediately after seizure, U.S. Customs will send the CAFRA seizure notice direct to our offices.

We then prepare the necessary petition with your cooperation and file it with Customs for you without your direct involvement. If you choose, we can directly receive the money in the form of a paper check, or via direct deposit into a bank account. If desirable, this returned seized money can then be wiredto your overseas bank account, which is something that Customs will not do.

We at Great Lakes Customs Law can represent you while you are staying overseas and you will not have to bear the additional burden and expense of making a return trip to the United States to gather evidence, submit your petition, or receive your money.

If you have had cash seized by customs please read our Legal Roadmap of a Customs Money Seizure and click the button at the top of this page to us or e-mail us to schedule you free currency seizure consultation.

CBP seizes $460,060 in unreported currency

Posted by Jason P. Wapiennik on February 6, 2013 with 1 Comment

The Laredo Sun reports on a recent currency seizure by U.S. Customs and Border Protection in Laredo, Texas, from a 31 year U.S. citizen from Chicago who was transporting $460,060 as he attempted to drive across the border to Mexico. Something tipped the officers off as he left the U.S., and they pulled him and his vehicle aside for a secondary inspection to verify the amount of money being transported.

The money was apparently concealed in various parts of his vehicle. I can only imagine how long it took them to count it all out and the condition of the truck. If this individual is not prosecuted by the government for criminal violations, he faces the potentially difficult task of proving a legitimate source and legitimate intended use of the money (not to mention fitting all the plastic interior trim pieces back like new).

In this case, we could give the man the benefit of the doubt and presume the legitimate source is the proceeds of a life insurance policy of a beloved family member; and the intended use, perhaps he was paying cash for a nice place on the Riveria Maya. That’s just my guess, and yes, I have handled stranger cases.

This news story gets a lot of things right about the currency seizure process because they note you can petition for the return of the currency and that the person transporting the unreported currency is subject to arrest for criminal violations.

That brings me to the next point:

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: