Tag: cash seized at detroit metro airport

Detroit CAFRA Notice of Seizure and Intent to Forfeit

CBP Seized $20,242 at Detroit Metro Airport

Last week’s forfeiture.gov publication of legal notices of seizure and intent to forfeit revealed more unfortunate news for someone out there who had their cash seized at Detroit Metropolitan Airport, as recently as March 6, 2017.

Here’s why it’s unfortunate: If the money was seized on March 7, the notice of seizure was probably not sent until about March 21, which would give the interested person 30 days to respond with a petition (or 35 days to file a claim) — that puts a deadline at about April 6 for a petition, or April 11 for a claim.

The fact that notice has been published means 1) somebody got their petition denied (unlikely in 30 days unless the documentation was terrible); 2) somebody filed a claim and requested notice be published (probably a bad decision — a long and and court supervised process leading to trial); or 3) no one responded to the notice of seizure, intentionally or unintentionally (because they did not receive it).

Here’s the notice:

CAFRA Notice of seizure and intent to Forfeit Detroit It shows $20,242 was seized for a failure to report. Never, ever file a claim or a petition with CBP without first consulting with a lawyer (like me) who deals with Customs seizures first. Don’t use your immigration lawyer, and don’t use an attorney who has more experience with DOJ, FBI, or DEA cases. CBP is different, and most of the time, the cash seizure is for totally different reasons.

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.

Notice of Seizure and Intent to Forfeit (CAFRA) at the Port of Detroit

Cash seized by Detroit Airport CBP: Going, going… gone?

I’ve been a busy customs lawyer recently, but most especially the last six months. Therefore, while I’ve still been trying to get each of you many readers some new stuff for the customs law blog each week, my attention has been mostly elsewhere.
And so, I’ve finally got back to keeping an eye on the weekly forfeiture notices published U.S. Customs & Border Protection each week. There was nothing interest this week for Detroit or Chicago in terms of CAFRA seizures, but last week’s notice had some unfortunate postings:
PUBLICATION/POSTING START: April 28, 2017
PUBLICATION/POSTING END: May 28, 2017
DEADLINE TO FILE A CLAIM: June 27, 2017
2017380700072301-001-0000, Seized on 02/08/2017; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 217; EA; Valued at $20,719.00; For violation of 31USC5316, 31USC5317, 31CFR1010.340(A)
2017380700078501-001-0000, Seized on 02/22/2017; At the port of DETROIT, MI; US CURRENCY RETAINED; 151; EA; Valued at $13,989.00; For violation of 31USC5316, 31USC5317, 31USC5324, 31CFR1010.340(A)
I cringe when I see entries like this. What in the hell happened that two people have let almost $35,000 get published for forfeiture? Both occurred at Detroit airport in February, both contain no allegations of illegal activity aside from a failure to report or a cash structuring violation, and yet…. here it is, just about as good as gone. (The only way it would be published and not as good as gone is if someone filed seized asset claim form, as opposed to some administrative option. Generally, for most people and cases, a claim is a bad idea. Despite what other self-styled “premier forfeiture litigators” may put on their websites.)
“But wait!” you say, “the deadline to file a claim is not until June 27!” That is true, but you are ineligible to file a claim if you received a notice of seizure letter. So if you just chose to do nothing in the 30 days from the date of mailing of the notice then you can’t step in and file a claim once it has been published…. that is unless you have a Really Clever Customs Lawyer.
The CBP global entry line at Detroit Metropolitan Airport.

Detroit Metro Airport CBP Seize $59,451 Cash

Finally, a CBP cash seizure press release from my own home port of Detroit that happened at Detroit Metropolitan Airport, which is just a few miles down the road from our office. This one involves a U.S. citizen returning from China with his wife; together, the couple was found to be transporting more than $10,000 cash through Customs…. about $50,000 more, actually.

Here’s the full story from Detroit CBP:

DETROITOn November 28, 2016, U.S. Customs and Border Protection (CBP), Office of Field Operations at the Detroit Metropolitan Airport seized $59,451 in U.S. currency from a United States citizen after he failed to report the currency to CBP officers. The traveler is a member of the Global Entry trusted traveler program.

The male traveler and his wife arrived in Detroit on a flight from Beijing, China. He initially denied carrying $10,000 or more in U.S. currency or its equivalent in foreign currency. CBP Officers questioned the traveler as he and his wife attempted to exit the federal inspection area separately 13 minutes apart. Further inspection led to the discovery of $59,451 divided between the two.

“You must report to CBP that you are carrying $10,000 or more in U.S. dollars or equivalent foreign currency or other monetary instruments when you travel into or out of the United States, especially if you are a member of Global Entry.” said Devin Chamberlain, CBP Detroit (Airport) Port Director. “There is no limit as to how much currency travelers can import or export. However, the law requires travelers to report when they carry at least $10,000 in monetary instruments.  Violators may face criminal prosecution and forfeiture of the undisclosed funds.”

As you can see, this story involves both a failure to report cash to customs and unlawful cash structuring. As we’ve explained time and time again at this customs law blog, cash will be seized by Detroit CBP if it is divided between a husband and wife (or other family members) traveling together and CBP has cause to believe it was done for the purpose of avoiding filing the currency report on form FinCen 105.

Had cash seized at Detroit Metro Airport by CBP?

If you’re like the people in this story and have suffered a cash seizure by U.S. Customs & Border Protection (CBP) at Detroit Metro Airport, you’re in need of a lawyer to help you get your money back and potentially avoid criminal prosecution or inquiry. Every case is different and nuances, exceptions and interpretations are almost always present making each case unique and challenging. Many people need help even understanding the election of proceedings form that is included with the notice of seizure.

Please make use of our customs currency seizure legal guide, but remember to also take advantage of our free currency seizure consultation by contacting us today by clicking on the contact button!

Notice of Seizure and Intent to Forfeit (CAFRA) at the Port of Detroit

$10k Seized at Detroit Metro by CBP for Money Laundering, more

Most of the time when money is seized, it is for a failure to report currency a few related laws, like bulk cash smuggling and unlawful structuring. On occasion, CBP seizes money for other reasons; such as when they suspect the money is tied to a crime other than the failure to report, bulk cash smuggling or unlawful structuring.

The government has broad authority to seize cash, without much cause, if they believe that is connected to illegal activity. In this case, CBP at Detroit Metropolitan Airport seized $10,047 for not only the failure to report, but also for violations of:

Here’s the excerpt from forfeiture.gov:

2016380700073901-001-0000, Seized on 04/29/2016; At the port of DETROIT, MI; US CURRENCY; 115; EA; Valued at $10,047.00; For violation of 18USC981, 18USC1956(C)(7), 18USC1591, 31USC5317, 31USC5316, 31CFR1010.340(A)

Sometimes people ask: if I carry more than $10,000 with me and report it to CBP, can Customs seize the money? The answer is YES, if CBP suspects it is still connected to a crime. This is kind of asset forfeiture that has been in the news a lot lately, where on the grounds of very little suspcion law enforcement can seize property that they believe is connected to a crime, however tenuous that connection is.

Occasionally, we get calls from people who’ve had money seized by the DEA or ATF when traveling by car or plane domestically. Occasionally, local police seize the money and pass it along to another federal agency, like CBP. If CBP has seized your cash, give us a call at (734) 855-4999, or contact us through the buttons on this website. If would like more information about responding to a money seizure by CBP for failure to report, bulk cash smuggling, or unlawful structuring, you should read our legal guide to a customs money seizure.

An April 22, 2016 notice of seizure and intent to forfeit cash by CBP Detroit.

Forfeiture Pending for $15,000 Seized at DTW

Here is today’s excerpt from Detroit CBP’s posting on forfeiture.gov — $15,000 seized for failure to failure to report at Detroit Metropolitan Airport (DTW – port code 3807).
The fact that $15,000 was seized by CBP in August 2015, and only 8 months later is the notice of seizure and intent to forfeit being published, tells me that someone tried unsuccessfully to get the money back by making an offer in compromise or an administrative petition. This is why we recommend hiring a customs lawyer to get seized cash back from Customs.
PUBLICATION/POSTING START: April 22, 2016
PUBLICATION/POSTING END: May 21, 2016
DEADLINE TO FILE A CLAIM: June 21, 2016

2015380700127501-001-0000, Seized on 08/16/2015; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 150; EA; Valued at $15,000.00; For violation of 31USC5317,31USC5316

Once a seizure case goes this far without a resolution administratively, a good outcome for a case such as this is getting any amount of money back, especially when the amount seized is only $15,000.

Has your petition or officer in compromise been denied by CBP in Detroit?

If your petition or offer in compromise has been denied by CBP in Detroit, you can learn more from our trusted legal guide to a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.