Tag: cash reporting requirement

Minneapolis CBP Seizes $26K Cash Bound for Vietnam

Here’s a Minneapolis CBP cash seizure story from earlier this year that I never had a chance to comment on, but I am overjoyed that it is FINALLY not involving Dulles CBP.

I’ve never represented a client with cash seizure case in Minneapolis. From what I remember, I’ve probably only had 2 leads I can remember in the past 14 years where some traveler has had something seized by CBP in Minneapolis. This tells me Minneapolis has a very low rate of cash seizure.

The story retold in this news release is common. The traveler reports having only $9,000 even though he had $26,000. If you’re going to lie to CBP, this is a bad way to lie. Why declare an amount suspiciously close to $10,000? Obviously, this alerts CBP that you are probably lying.

Another odd thing here is that the story says “the traveler admitted to the CBP Officer he was not aware of the requirements.” Wow, what an admission! How did CBP sweat that answer out of him??! And what’s it add to the story? If he was unaware of the requirements, obviously he would not accurately report what he was traveling with. And yet, CBP still seized the cash.

The original story is here, but here’s the important parts:

MINNEAPOLIS— On Monday, February 6, U.S. Customs and Border Protection (CBP) officers at Minneapolis-St. Paul International Airport (MSP) seized more than $26,000 from a passenger traveling to Vietnam.

CBP Officers encountered a passenger and inquired about his travel. The traveler reported he was traveling with $9,000.  During the baggage exam, the CBP officer discovered a total of $26,000.

The CBP Officer explained to the traveler that there is no limit to how much currency or other monetary instruments that can enter or leave the country, however, any amount over $10,000, requires the completion of a U.S. Treasury Department of International Transportation of Currency or Monetary Instruments form (FINCEN 105).  If not properly reported, it is subject to seizure under U.S. federal law [31 U.S.C. 5316].  In addition, travelers crossing U.S. borders are required to report all currency and other monetary instruments in their possession that exceeds $10,000 to a CBP officer.

The traveler admitted to the CBP Officer he was not aware of the requirements.  “International travelers must be truthful in reporting all currency in their possession to CBP officers when they arrive to or leave the United States,” said Augustine Moore, Area Port Director-Minnesota. “It is less painful to complete a simple form than it is to surrender all their currency for violating U.S. currency reporting laws.”

The consequences for violating U.S. currency reporting laws are severe; CBP officers can seize unreported currency, and travelers could potentially face criminal charges. An individual may petition for the return of seized currency but must prove that the source and intended use of the currency was legitimate.

“Customs and Border Protection wants to make clear that there is no limit to the amount of money that travelers may carry when crossing U.S. borders, we only ask that travelers be truthful with CBP officers and fully comply with federal currency reporting laws,” said LaFonda D. Sutton-Burke, Director of Field Operations, Chicago Field Office.

Have you had cash seized by CBP in Minneapolis?

If you’ve had cash seized CBP in Minneapolis, 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.

Dulles CBP Seizes $227K from 4 Travelers

The DC Metro area has a large community of African ex-pats, which means that the DC Metro area and specifically, Dulles airport, has a lot of cash moving into and out of the country from and to Africa.

The story quoted below from CBP pertains to 4 recent cash seizures, 3 of which involve Africa. First, more than $100,000 from a couple traveling to Lagos, Nigeria. Customs seized all the cash after the couple only reported less than $20,000. From the looks of it (the money was in differing envelopes), they were probably carrying cash back for others.

Second, someone traveling to Ethiopia had $13,000+ seized by CBP after reporting only $2,700 at the Dulles airport.
Third, a man traveling to Ghana with $82,560 had all of his money seized by airport CBP, with no further details provided.
Finally, a father and daughter couple had about $30,000 seized by CBP on their way to Doha, Qatar.
As I’ve said as I’ve said in my commentary on previous seizures from CBP in Dulles Airport, it is one of the more stringent and more difficult places to get seized money back from. The the evidence that needs to be supplied to satisfy them that the seized currency came from a legitimate source and legitimate intended use must be thorough and meticulously presented.
Here’s the story:

STERLING, Va. – U.S. Customs and Border Protection officers seized more than $227,000 from travelers departing Washington Dulles International Airport to Africa during the last 30 days for violating U.S. currency reporting laws.

The most recent seizure was the largest as CBP officers seized $101,825 from a U.S. citizen couple destined to Lagos, Nigeria on Saturday. The couple verbally declared $19,600 and completed a U.S. Treasury Department FINCEN 105 form reporting that amount. A subsequent baggage search revealed additional envelopes of currency. Officers seized all the currency and released the travelers.

Also on Saturday, CBP officers seized $13,332 in unreported currency from a U.S. lawful permanent resident who was destined to Addis Ababa, Ethiopia. The resident, a Togo national, reported that he possessed $2,700. Officers discovered the additional currency during a baggage examination.

On October 1, CBP officers seized $82,560 in unreported currency from a U.S. traveler who attempted to board a flight to Accra, Ghana, and on September 17, CBP officers seized $29,822 in unreported currency from a U.S. father and daughter who were boarding a flight to Doha, Qatar. A CBP currency detector dog alerted to the bulk currency in these two seizures.

The total amount of unreported currency seized was $227,539.

CBP is not releasing any of the travelers’ names because none were criminally charged.

Has Dulles CBP seized your cash?

If Dulles CBP has seized your cash, we urge you to call us for a consultation before considering doing it yourself. You probably will not be happy with the outcome if you do, based on Dulles’ aggressive posture in most cases. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

$23,000 in Bulk Cash Hidden in Backpack Seized by Dulles CBP

Dulles Airport Customs Seizes $23k in Unreported Currency

Since the removal of travel restrictions international travel has increased; add to that, the US holiday of Thanksgiving, and we should expect to see a significant rise in CBP enforcement activities. In the story below, which (of course) takes place at Dulles Airport, we have a tale of a married couple traveling to Ghana who did not accurately report the currency, and who had their money seized by customs at the airport.

As always with the stories from Dulles, it seems, there is enough information to allege bulk cash smuggling, which leads to higher penalties. Here is the story:

STERLING, Virginia — The seizure of … $23,000 in unreported currency on Monday offer a glimpse into the breadth of enforcement responsibilities that Customs and Border Protection officers carry out daily at Washington Dulles International Airport.

CBP officers seized the unreported currency while conducting enforcement operations on a Ghana-bound flight. A married couple reported to CBP officers that they possessed a combined $10,500.

$23,000 in Bulk Cash Hidden in Backpack Seized by Dulles CBP
Officers found the concealed
currency inside the carry-on
bag’s zippered liner.

While inspecting the couple’s carry-on bag, officers discovered an envelope concealed behind the carry-on bag’s zippered liner. Officers verified the couple’s combined currency at $23,641. Officers seized the currency for violating U.S. currency reporting laws and then released the couple with $641as a humanitarian relief.

CBP is not releasing the travelers’ names because none were criminally charged.

“The seizures of . . . unreported currency may seem innocuous at first; however, they illustrate the resolve and commitment that Customs and Border Protection officers and specialists dte every day to enforce our nation’s laws, to enhance our nation’s economic vitality through lawful international trade and travel, and to help keep our citizens safe,” said Daniel Escobedo, CBP Area Port Director for the Area Port of Washington, D.C.

CBP officers remind travelers that there is no limit to how much currency or other monetary instruments they may bring to or take out of the United States; however, federal law [31 USC 5316] requires travelers to report all currency $10,000 or greater to a CBP officer.

Read more about federal currency reporting requirements.

CBP officers have observed that smuggled bulk currency may be the proceeds of illicit activity, such as proceeds from the sales of dangerous drugs or revenue from financial crimes and work to disrupt currency smuggling. CBP seized an average of about $386,000 every day last year in unreported or illicit currency along our nation’s borders.

Has Dulles CBP seized your cash?

If Dulles CBP has seized your cash, we urge you to call us for a consultation before considering doing it yourself. You probably will not be happy with the outcome if you do, based on Dulles’ aggressive posture in most cases. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Piles of cash seized by CBP officers at Philadelphia airport.

Philadelphia CBP Seizes $17k in Cash to Jamaica

CBP in Philadelphia seized almost $17,000 from a Jamaican national who is also a permanent resident of the United States. CBP does enforce the currency reporting requirement in Philadelphia, but based on my own experience, they do not do so very often. Therefore, this man is probably not a very lucky guy.

As the press release states, he reported only having $8,000 to CBP officer who asked him how much cash he was carrying, but they later discovered a total of $16,542 in his carry-on bag. He was not arrested.

If you have had cash seized at Philadelphia International Airport, you’re among the few. The last case I had in Philadelphia was in 2016, and the only other time before that was in 2015, despite having done nearly 350 cases at other ports/locations around the country. In both instances, the case number and timing of the seizure told me that CBP in Philadelphia seizes property at the airport from travelers probably less than 200 times per year.

But CBP at Philadelphia International Airport has had some big seizures. About a year ago we wrote about two customs cash seizures at Philly International Airport that totaled $152,000.

Customs and Border Protection (CBP) officers seized $16,542 in unreported currency from a Jamaica-bound man at Philadelphia International Airport Thursday. Here’s the story:

The man, a Jamaican citizen and U.S. lawful permanent resident, verbally told CBP officers that he possessed $6,000. Officers explained federal currency reporting requirements and the man verbally and in writing reported that he possessed $8,000. Officers discovered $16,542 in the man’s carry-on bag. Officers seized the currency and released the traveler.

It is perfectly legal to carry large sums of currency in or out of the United States. However, federal law requires that travelers who possess $10,000or more in currency [Editor: incorrect, “more than $10,000” is the requirement] or other monetary instruments must report it all to a CBP officer at the airport, seaport, or land border crossing when entering or leaving the country.

Consequences for violating U.S. currency reporting laws are severe; penalties may include seizure of most or all of the traveler’s currency, and potential criminal charges.

“When Customs and Border Protection officers encounter travelers who don’t properly declare or they conceal large amounts of currency when leaving the country, there can be links to transnational criminal organizations,” said Casey Durst, CBP’s Field Operations Director in Baltimore. “The hard work and success of our officers demonstrates CBP’s commitment to disrupting and dismantling these groups and the illicit operations they conduct.”

CBP recently issued travel tips for international travel through Philadelphia International Airport. Chiefly among those tips is for travelers to truthfully report all currency they possess to a CBP officer during inspection.

CBP uses a variety of techniques to intercept narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, and other illicit products, and to assure that global tourism remains safe and strong. On a typical day, CBP seizes an average of about $290,000 in unreported or illicit currency along our nation’s borders. Learn more about what CBP accomplishes during “A Typical Day.

 

CBP's Hold Harmless and Release Agreement Form

Class Action and CBP’s Hold Harmless and Release Agreement

An interesting cash seizure issue has been percolating across the Internet that arises from the class action (lawsuit) filed by a Texas nurse who is originally from Nigeria, though now a U.S. Citizen. As I understand it (after briefly skimming the complaint), she attempted to leave the country with around $40,000. She did not report the money to CBP as required, and so the money was seized for a failure to report.

What happened after her cash was seized?

Upon receiving the notice of seizure, instead of filing a petition she filed a claim. This is generally not the best way to get money back. When a claim is filed, you request the government to start judicial forfeiture proceedings, rather than administrative. I am greatly simplifying the process but, basically, when a claim is filed a judge will hear the case and eventually, some day, theoretically, you will have a trial by judge or jury about whether or not you can get seized money back. If a petition is filed, you instead are asking CBP to decide the matter internally without putting it before a judge.

Did the government file a complaint for forfeiture?

In this case, because she filed a claim the U.S. attorney had the discretion to decide whether or not they would pursue judicial forfeiture, or not. As luck would have it, the U.S. attorney declined by not filing a complaint for forfeiture. The way the plaintiff’s attorneys read the law (which so far, I agree with), this means CBP must return the money, immediately. Instead of doing that, CBP asked her to sign a hold harmless and release agreement that gave up her right to sue the government for seizure, and anything incidental (interest, emotional distress, etc.).

She refused to sign the hold harmless and release agreement, and CBP refused to return the money. Now she is suing the government for a whole host of things, including for a return of the cash. I don’t blame her for standing on principle; but she must not need the money terribly bad to tie this up in the courts.

What will the effect of this case be?

This case is very interesting, and raises a number of questions; first and foremost is, why did the U.S. attorney’s office not file a complaint for forfeiture once the claim was filed? I think they did not realize that once a claim is filed and a complaint for forfeiture is not filed timely, the property must be returned. In other words, someone at the U.S. attorney’s office did not realize the full consequences of what they were doing and probably believed that administrative forfeiture proceedings may still go forward.

Secondly, perhaps there were staffing issues (i.e., not enough personnel) that prevented the U.S. attorney’s office from wanting to handle judicial forfeiture proceedings, so they put it off.

In my experience, cash seizures at George Bush Intercontinental Airport are pretty infrequent compared with other ports. There might not be a lot of push to process these cases, especially so in Texas. With drugs and other contraband pouring across the border, why spend time seizing money likely to be from legitimate sources? They have better places to direct their resources then pretty obviously legitimately derived money.

What does this mean for people who have their cash seized?

This case, no matter the outcome, probably has little meaning for people who have had their cash seized. First, anytime a client of mine has filed a claim seeking judicial forfeiture, the U.S. attorney’s office has fought the forfeiture, usually tooth-and-nail. I have no reason to believe that this will result in less cash seizures nationally. I also do not believe this reflects a desire by the government to avoid judicial forfeiture if a claim is filed. I think this is probably a very unique case. Therefore, I see no reason to start filing claims instead of petitions in the hopes of getting back the money without a fight, and without proof of its source and use.

If this plaintiff wins her case, this will only mean that if a claim is filed and a case is not started by the government, you get the money back without having to sign a hold harmless and release agreement. I believe that this type of situation has very, very infrequently happened, and so the class number of people involved, although not insignificant, will be small.

Can she still be charged criminally for a failure to report cash?

Yes, this woman can still be charged criminally for a failure to report cash — she remains in that legal jeopardy. The failure to report transporting more than $10,000 in cash into or from the country is a criminal offense, and the government has 5 years from the date of seizure to charge her with this crime.

It does not matter that the money was legitimately derived or intended for legitimate uses, she still committed the crime of not reporting the cash; seizure is only one potential penalty, the others are arrest, fine, and imprisonment.

I suspect that the government is now weighing heavily the option of criminally charging the woman. I hope her attorney’s explained this risk to her. Maybe some things are worth waiting 5 years for.

In any event, I will be keeping a watchful on this case as it develops. Stay tuned for updates.

CBP Seizes $559,000 in Arizona

CBP seized more than a half-million dollars from a 37 year old Mexican man who had hid the cash in the spare tire of his truck when crossing the border from the United States to Mexico, CBP reports. Hiding the cash is bulk cash smuggling. The contains a somewhat odd and misleading statement about how the government brings criminal charges, more on that below this story:

TUCSON, Ariz. – U.S. Customs and Border Protection officers at Arizona’s Port of San Luis arrested a Mexican national after seizing more than $559,000 in undeclared currency.

Officers performing outbound inspections referred the 37-year-old man Thursday afternoon, when a search of his Chevy truck led to the discovery of packages inside of his spare tire. A count of the cash totaled more than $559,290.

Customs and Border Protection officers seized the currency, and turned the subject over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Federal law allows officers to charge individuals by complaint, a method that allows the filing of charges for criminal activity without inferring guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The last paragraph contains the odd statements. Federal law does allow the use of complaint to file criminal charges, but without “inferring guilt”? My dictionary tells me “inferring” means to “deduce or conclude (information) from evidence and reasoning rather than from explicit statements”. That doesn’t make sense; I think what they meant to say was that a complaint can be filed, and by the filing of the complaint, the subject of the criminal investigation is “presumed innocent until proven guilty.”

The statement goes on to say that, sort of, but instead of saying “until proven guilty” it says “until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.” The problem here is that evidence must be not only presented, but it is up for the jury to make the determination that the evidence is enough to be found guilty beyond a reasonable doubt. And I’m not sure about the use of the term “competent” evidence; generally speaking, for evidence to even be submitted to a jury it must be relevant and issues of “competence” would, to my mind, only apply to individuals giving testimony. If someone is not competent to testify (due to insanity, minority, etc.), they would not be allowed to testify and therefore not have that testimony heard by the jury.

 

 

A CBP officer conducts a primary inspection at the SENTRI lane at Hidalgo International Bridge.

CBP seizes $11,00 from Trusted Traveler participant

Recently, CBP in Texas seized almost $11,000 from a “trusted traveler” who hid the money in her purse, in what sounds like it might be a bulk cash smuggling violation. I get several clients who have had money or undeclared goods seized, and who are members of trusted traveler programs, and are upset to find out that they are losing their trust traveler privileges. CBP has recently published a compilations of reasons people have been denied or had Global Entry revoked available here.

As this article somewhat explains, participation in these programs is a privilege, not a right; it is based on CBP’s determination that you are a low risk. If you demonstrate that you are no longer a low risk by not declaring goods or cash, then you will lose the privilege. The full story is available here, but it is edited for clarity by yours truly, as follows:

U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Hidalgo International Bridge recently seized $10,652 in unreported U.S. currency from a Secure Electronic Network for Travelers Rapid Inspection (SENTRI) member utilizing the trusted traveler lane.

On March 2, CBP officers at the Hidalgo International Bridge conducting inspections at the SENTRI lane selected a 2016 Chevrolet Tahoe for further inspection. The vehicle was driven by a 40-year-old female United States citizen from Pharr, TX. During the secondary search, officers discovered a total of $10,652 in unreported U.S. currency concealed throughout the woman’s purse.

CBP OFO seized the currency and revoked the woman’s SENTRI privileges. The case remains under investigation by Homeland Security Investigations special agents.

“CBP would like to remind the traveling public that SENTRI is a trusted traveler program, and any violations of program rules, such as non-declaration of currency in excess of $10,000, can lead to permanent revocation of SENTRI privileges,” said Port Director Carlos Rodriguez, Hidalgo/Pharr/Anzalduas Port of Entry. “SENTRI members have demonstrated that they are low-risk travelers, and should be reminded that they are not exempt from inspection and more importantly, that violations of customs, immigration, agriculture laws and federal currency reporting requirements can lead to suspension from the program.”

SENTRI is a trusted traveler program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the U.S. via a dedicated lane. Participants must undergo a rigorous background check and in-person interview.

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the U.S., however, if the quantity is more than $10,000, they will need to report it to CBP. “Money” means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, travelers’ checks in any form, money orders, and negotiable instruments or investment securities in bearer form. Failure to declare may result in seizure of the currency and/or arrest.

Have you had cash or goods seized by CBP?

If you had cash or goods seized by CBP and are a trusted traveler, you will lose your trusted traveler status. However, you might still be able to get the seized cash or goods back if you act quickly; contact Great Lakes Customs Law for a consultation to learn what you can do to get your cash and goods back from CBP.

 

An image of cash seized by Customs at Dulles airport while traveling to Ghana

Dulles CBP Seizes $40k Cash Unreported

Dulles continues to be the leading source for news-releases pertaining to cash seizures for more than $10,000 for failure to report to Customs, or bulk cash smuggling, and the related offenses under Title 31 of the United States Code. In this particular story (original here), Customs seized $40,000 from a man who reported traveling with $25,000.

Upon making that report he completed a FinCEN 105 form (probably under some duress) for that same amount. At this point (as they always do), CBP conducted a complete search of his person and baggage to determine if he was telling the truth. As is frequently the case, he was not. In fact, they discovered another $10,000 in a white envelope and another $5,400 in some other places. Here is the full story:

STERLING, Va., — U.S. Customs and Border Protection (CBP) officers seized $40,900 from a man boarding a flight to Ghana last Thursday at Washington Dulles International Airport.

The man, who CBP has not named because he was not criminally charged, initially reported to officers that he possessed $500.  After officers advised the man of U.S. currency reporting regulations, the man presented three white envelopes that contained $25,000, and reported that much on a financial reporting form.

CBP officers then discovered a manila envelope with $10,000, an additional white envelope in the man’s backpack that contained $5,000, and $400 more in his wallet.  The combined currency equaled $40,900.

Travelers may carry as much currency as they wish into and out of the United States.  Federal law requires that travelers must report all U.S. and foreign monetary instruments totaling $10,000 or greater on a U.S. Treasury Department financial form.  None of the currency is taxed.

Has Dulles CBP seized your cash?

If Dulles CBP seized your cash, beware that you stand to lose a lot of it because of their aggressive penalization of bulk cash smuggling and structuring offenses. You should read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

Detroit Airport Currency Report Sign

CBP Seizure of Cash without Warrant

U.S. Customs & Border Protection can seize cash without a warrant when traveling internationally into or out of the United States if they have probable cause to believe that you violated the cash reporting requirement, the bulk cash smuggling laws, or the structuring laws. Most people know these laws simply as the $10,000 reporting requirement.

Does CBP need a warrant to seize money?

The U.S. Constitution creates an exception to the warrant requirement when you consent to the warrant requirement or when a person has no reasonable expectation of privacy. At the international border, the U.S. Supreme Court has said you have absolutely no reasonable expectation of privacy. Thus, CBP can seize your cash without requiring a warrant if you are at a border or are at an airport and flying into or out of the United States.

Furthermore, as if the interpretation of the Constitution by the Supreme Court were not enough, Congress passed a law giving U.S. Customs & Border Protection the right to search and seize at the border, without a warrant. This appears in Title 31, which is the body of laws governing the federal currency reporting regulations.

31 USC 5316(b) says:

Searches at border. For purposes of ensuring compliance with the requirements of section 5316 [31 USCS § 5316], a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States.

and 5316(c)(2) says…

(2) Civil forfeiture. Any property involved in a violation of section 5313, 5316, or 5324 of this title [31 USCS § 5313, 5316, or 5324], or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.

Have you had cash seized by CBP without a warrant?

If you had cash seized by CBP without a warrant, there’s nothing wrong with that from CBP’s perspective. That’s legal, if traveling internationally. But, you still have some chance to get the money back by showing that the money is not connected to illegal activity.

If CBP seized your cash you need a lawyer. Read our trusted customs money seizure legal guide and can contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

A copy of the notice of seizure and intent to forfeit featuring the case of the incomplete check seized by CBP

Incomplete Checks Seized by CBP in Detroit

On May 10, someone at the land border between Detroit and Canada attempted to bring into or leave the country with a check for $50,000 that was blank – in that it did not have a payee — in other words, the payee in the “pay to the order of” section of the check was blank. That’s what you call an “incomplete instrument” in legal-speak, or we’ll call it an incomplete check for our purposes.

Incomplete checks fall under the general monetary instrument reporting requirements that Customs enforces at all ports of entry through the United States. In fact, incomplete checks are specifically identified as being part of the monetary instruments that must be reported to customs, apart from cash. 31 CFR 1010.100(dd)(iv) states the monetary instruments include ….”incomplete instruments (including personal checks, business checks, official bank checks, cashier’s checks, third-party checks, promissory notes (as that term is defined in the Uniform Commercial Code), and money orders) signed but with the payee’s name omitted“.

So Last Friday, U.S. Customs & Border Protection at the Port of Detroit noticed its seizure and intention to forfeit a check (a/k/a a negotiable instrument) valued at $50,000. The notice is as follows:

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

2016380100064801-001-0000, Seized on 05/10/2016; At the port of DETROIT, MI; CHECK (SIGNED WITHOUT PAYEE); 1; EA; Valued at $50,000.00; For violation of 31USC5317, 31USC5316, 31CFR1010.340(A)

I bet this person thought they could get around the reporting requirement by not completing the payee on the check, just like the many people who think they can get around the reporting requirement by dividing the money through structuring.

They might also be under the mistaken impression that they will cancel the check, and CBP will not be able to keep the $50,000. But that is not what happens when CBP seizes a check; after seizure, CBP can “freeze” those funds in the bank account, or by otherwise getting access to the money, and by getting cooperation from the bank itself. Be warned.

Have you had a check seized by CBP?

If you have had a check seized by CBP 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.