Tag: cbp took money

10 bundles of cash totaling more than $90,000 laid out on top of a black plastic as seized by U.S. Customs & Border Protection in Laredo, Texas, after a secondary examination.

CBP seizes $91,000 in secondary examination

Posted by Jason P. Wapiennik on

Another day, another dollar… seized. In Laredo, Texas, the Texas-Mexico border town, U.S. Customs & Border Protection seized about $90,000 from a 30 year old Mexican national heading back to Mexico.

October 1 begins the government’s new fiscal year, and this story of unreported cash being seized by CBP is likely one of the first of many for CBP Laredo of 2017. As you’ll note in the story, a “secondary examination” of the vehicle turned up hidden packages of “unreported cash” — that is, truly a bulk cash smuggling offense, even if still a failure to report. A secondary examination, or intensive examination, usually involves the dismantling of the vehicle in search of contraband; the removing of body panels, an undercarriage inspection, etc. It can be very destructive, as can be seen in the following video:

But, on to the story as reported by CBP:

The interception occurred on Friday, Oct. 21 while CBP officers and agents conducting outbound (southbound) inspections at the Lincoln-Juarez Bridge referred a 2013 Toyota Prius driven by a 30-year-old male Mexican citizen for a secondary inspection.  CBP officers conducted an intensive secondary examination of the vehicle and discovered packages hidden within the vehicle that contained $91,708 in unreported currency.

CBP officers seized the currency and the vehicle. CBP officers arrested the driver and turned him over to Homeland Security Investigations (HSI) special agents for further investigation.

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, traveler’s 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.

Did CBP take your money?

If CBP took your money, you can learn more 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.

Violation of Federal Currency Reporting Regulations at BWI

Posted by Jason P. Wapiennik on

Baltimore Washington International Airport, to the best of my knowledge, does not have a high rate of enforcement in cash seizures by U.S. Customs & Border Protection. But, every once in a while the port touts their enforcement efforts in connection with this important area of law – the federal currency reporting regulations.

What follow is such a story, from a couple traveling to Nigeria with almost $35,000 in cash. According to the story, the couple violated “federal currency reporting regulations” which can mean they broke any number of laws such as a failure to report cash to customs, bulk cash smuggling, or unlawful structuring.

It is likely that this is a cash structuring offense because it involves a couple. For example, the husband could have given the wife $10,000 to carry that he (incorrectly) believed she would not have to report because it was not “more than” $10,000.

If he did that, however, this would be unlawful structuring and, by the very commission of unlawful structuring, also a failure to report.

BALTIMORE — U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Baltimore Washington International Thurgood Marshall Airport seized $34,030 Saturday from a Nigerian couple for violating federal currency reporting regulations.

The two travelers, who arrived on a flight from the United Kingdom reported carrying $8,000 to CBP officers however; multiple envelopes of currency totaling $34,030 were discovered in their bags. CBP officers seized the $34,030 returning $1,030 for humanitarian release and advised them how to petition for the return of the rest of the currency.

Have you violated the federal currency reporting regulations?

If you violated the federal currency reporting regulations, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

$100 Dollar Bills Slider

$22K Currency Seized by CBP enroute to Serbia

Posted by Jason P. Wapiennik on

Dulles strictly enforces the bulk cash smuggling and structuring guidelines (to my knowledge, not publicly available and not published in CBP’s mitigation guidelines) that call for a hefty forfeiture of half – or more than half of the money even when legitimate source and intended use are shown.

The repeated denial of carrying more than $10,000, couple with the splitting of the money between two envelopes in the carry-on bag is enough for customs to infer an intent to evade the reporting requirement; the concealment of the money in envelopes in the carry-on baggage is enough to infer an intent to conceal the money from the view of CBP.

That means this man heading to Serbia is about to lose, at a minimum, $11,000, for not properly understanding the the cash reporting laws and for not being (anywhere near) truthful to CBP at the time he was asked to report how much money he was traveling with.

U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized nearly $23,000 from a Serbia-bound U.S. citizen on Sunday for violating federal currency reporting regulations.

During an outbound inspection, the Serbia-bound man declared, both verbally and in writing, to a CBP officer that he possessed $9,000. CBP officers discovered $700 in U.S. dollars and 190 Euros (about $211 in USD) in the man’s wallet. CBP officers then discovered an additional $22,000 split between two envelopes in the man’s carry-on bag.

CBP officers seized $22,911 in total. Officers then provided a humanitarian release of $723 plus the 190 Euros to the traveler, and advised him how to petition for the remainder of the currency. Officers released the traveler to continue his journey to Serbia.

“Customs and Border Protection officers afforded this traveler multiple opportunities to truthfully report his currency, and he chose not do to so. Travelers who refuse to comply with federal currency reporting requirements risk severe consequences, including currency seizure and potential criminal charges,” said Wayne Biondi, CBP Area Port Director for the Port of Washington Dulles. “The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer during inspection.”

Incidentally, the story says that CBP advised him “how to petition for the remainder of the currency”. We just wrote about taking legal advice from CBP — in short, you have a lot more options for getting seized cash back from CBP besides a petition, some of which are presented on the election of proceedings form.

Has CBP seized currency from you?

If you got currency 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.

Keep Calm and Declare Monetary Instruments Exceeding $10,000 USD

CBP Seizes $48K Cash at Philly International Airport

Posted by Jason P. Wapiennik on

Another day, another currency seizure by U.S. Customs & Border Protection at this nation’s border crossing and airports from an international traveler. This time, the story occurs at Philly International Airport (PHL) but a currency seizure could just as easily happen anywhere.

U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Philadelphia International Airport seized $48,935 on Tuesday from a Massachusetts man for violating federal currency reporting regulations.

The man was boarding a flight to Jamaica and was selected for questioning by CBP officers who were conducting an outbound enforcement operation on an international flight. The man completed a financial form, reporting $4,000, however; CBP officers discovered a total of $48,935 on his person and in his luggage. Officers subsequently seized the $48,935.

This story is a good opportunity to go over some basic information about customs money seizures, which is similar whether at Philly International Airport or elsewhere. First, anytime a person is transporting more than $10,000 in cash or monetary instruments into or out of the country, they must report the cash value to U.S. Customs. In this case, if the man who had his money seized by CBP really had only $4,000, there would be no need to complete the financial form (FinCEN 105) that is mentioned in the story. But, be mindful of what your fellow travelers are carrying in terms of cash to avoid a structuring violation.

Rather, he would be under no duty to report. But in this case, the story suggests (and our experience representing who’ve had cash seized) that Customs were very suspicious that this person was not telling the truth and therefore wanted to catch him in a violation of the reporting requirement and so asked him to complete the financial form.

Because he under-reported the amount of currency he had the money became subject to seizure for, at minimum, a failure to report.Thus, his money was taken by CBP and, if he wants it, he must now get it back by making a petition, an offer in compromise, or filing a claim, and show that the money came a from a legitimate source and had a legitimate intended use.

The story ends with an accurate warning:

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.

“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 Susan Stranieri, CBP Area Port Director for the Port of Philadelphia. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

Have you cash seized at Philly International Airport?

If you’ve had cash seized from CBP at Philly International Airport, 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.