Tag: CBP

Cash Seized by CBP at Presidio Texas

CBP Presidio Seizes $175,935 In Cash at Mexican Border

Posted by Jason P. Wapiennik on

CBP in Presidio, Texas seized $175,936 when inspecting people leaving the country for Mexico on June 7, 2020. The story which is quoted below, says that the money was hidden within the quarter panel (i.e., in the body panels above the front wheels) of a vehicle.

Obviously, then, this money is not just “undeclared” as the story headline broadcasts, but also smuggled. The man who was driving the vehicle was arrested and “is facing federal currency smuggling charges.” That means he is being charged with bulk cash smuggling under 31 USC 5332.

The cash was smuggled, and the vehicle was outfitted for smuggling the cash, thus making them both subject to seizure under the customs law.

U.S. Customs and Border Protection Office of Field Operations officers conducting southbound operations at the Presidio port of entry yesterday afternoon, stopped a 22-year-old male U.S. citizen who was attempting to leave the country with $175,935 in unreported U.S. currency.

The seizure was made at approximately 2:37 p.m. while CBP officers were conducting joint southbound operations with U.S. Border Patrol, Homeland Security Investigations (HSI) and the Presidio Police Department. A CBP officer selected a compact car for an intensive exam following an interview with the driver.

A CBP currency detector dog alerted to the front quarter panels of the vehicle. Twelve bundles were removed from non-factory compartments found on the driver and passenger side quarter panels of the vehicle.

CBP officers arrested the man. He was turned over to Homeland Security Investigations special agents and is facing federal currency smuggling charges.

Has Presidio CBP seized your money?

Has Laredo CBP seized your money? If so, we can help. Read our helpful customs money seizure legal guide (or watch the videos) and contact us for a free currency seizure consultation by clicking the contact buttons on this page.

300k-Cash-Seized-Laredo-CBP

CBP Seizes Over $300K in Currency at Brownsville

Posted by Jason P. Wapiennik on

CBP in Brownsville intercepted over $300,000 in bulk cash that was being smuggled out of the United States and into Mexico. The story, quoted below, implies that money was hidden within the vehicle in 14 separate packages and the vehicle (a 2013 Dodge Durango, who cares?) was driven by a 36 year old man.

BROWNSVILLE, Texas—U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO) officers at the Brownsville Port of Entry seized over $300,000 in undeclared currency while conducting enforcement operations.

On Friday, May 22, officers working outbound operations stopped a 2013 Dodge Durango driven by a 36-year-old man, citizen of the United States, traveling to Mexico and referred the man for inspection.  Upon physical inspection of the vehicle, CBP officers discovered 14 packages of undeclared currency in the amount of $306,601. The currency was seized by CBP.

“Exporting undeclared currency in excess of $10,000 can carry serious consequences,” said Port Director Tater Ortiz, Brownsville Port of Entry. “CBP readily upholds its national security mission and our officers are highly skilled to identify these violations and enforce the law.”

The man was arrested and the case was turned over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.

Has Brownsville CBP seized your cash?

If CBP in Brownsville has seized your cash, you need a lawyer. Read 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.

Image of $221,319 in cash seized by U.S. Customs & Border Protection in Roma, Texas.

CBP Seizes $221,319 Cash at Falcon Dam, Texas

Posted by Jason P. Wapiennik on

CBP officers in Texas confiscated $221,319 from the passengers of a vehicle heading to Mexico. The story from CBP explains the seizure happened the Saturday of Labor Day weekend, when CBP stopped a vehicle drive by a 41 year old male outbound to Mexico.

The headline and the story itself indicate that the money was simply undeclared; however, the details of the incident describe the money was hidden in eight bundles within the vehicle.

Here’s the full story:

U.S. Customs and Border Protection (CBP) Office of Field Operations officers at the Falcon Dam Port of Entry recently seized over $200,000 in unreported currency hidden within a passenger vehicle during an outbound examination, Aug. 31.

“Our frontline CBP officers continue to maintain resolute vigilance in both the inbound and outbound environments and their attention to detail helped to detect a significant load of unreported currency,” said Port Director Andres Guerra, Roma/Falcon Dam Port of Entry. “Large outbound currency seizures like this deny the ability of transnational criminal organizations to profit from alleged illicit activity, impacting them directly.”

The seizure occurred on Aug. 31 at Falcon Dam Port of Entry when a CBP officer conducting outbound examinations selected a 2012 Nissan Maxima driven by a 41-year-old male Lawful Permanent Resident for examination. After initial inspection, CBP officers conducted an intensive physical examination and discovered eight bundles containing a total of $221,319 in unreported currency hidden within the vehicle.

CBP officers seized the currency and arrested the driver. The case was turned over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-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 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.

Have you had money seized by CBP in Texas?

If CBP in Texas has seized your cash, you need a lawyer. Read 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.

About $96,000 seized by CBP in Arizona laid out on table

CBP Officers Seize Cash in Nogales

Posted by Jason P. Wapiennik on

Here’s a CBP money seizure story that first popped up in May in one of CBP’s news releases, but it’s worth going over again because it resulted in an arrest and seizure of $96,000.

TUCSON, Ariz. –U.S. Customs and Border Protection officers at Arizona’s Port of Nogales arrested two Mexican nationals & a U.S. citizen involved in connection with a pair of separate failed smuggling attempts over the past weekend.  

Friday evening, officers at the Mariposa Crossing referred performing outbound operations a 26-year-old Mexican male and his 28-year-old U.S. citizen passenger for further inspection of his Ford sedan. A search of the vehicle, led to the discovery of two large bundles of unreported U.S. currency that were hidden within the car’s rear seats. The packages contained nearly $96,000.

Officers seized the drugs and currency, as well as both vehicles. The subjects were all arrested and then turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Has CBP seized your cash?

If CBP has seized your cash, you need a lawyer. Read 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.

$20,000 in U.S. Currency stacked in piles after seizure by Customs at Boston Logan airport.

Customs seizures $21k cash at Baltimore airport (BWI)

Posted by Jason P. Wapiennik on

Customs officers confiscated about $21,000 from a couple coming to the United States from Nigeria in early June. The cash seizure took place in Baltimore, at Baltimore Washington International Thurgood Marshall Airport. 

The story points out the potential criminal consequences of not reporting money, and also incorrectly states the law (again, saying “$10,000 or more” rather than “more than $10,000” as the requirement for reporting cash to CBP on FinCen 105).

The story, originally published here by CBP, is below: 

Customs and Border Protection (CBP) officers seized nearly $21,000 of unreported currency Friday at Baltimore Washington International Thurgood Marshall Airport (BWI).

A Nigerian couple, who arrived on a flight from London, reported to CBP officers that they possessed $15,000 in currency. Officers discovered an additional $5,850 in the woman’s purse. Officers seized $20,850 and then released $4,990 to the couple as humanitarian relief. Officers released the couple to continue their visit.

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 $10,000 or more [ugh! it’s more than $10,000] in currency 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.

“Customs and Border Protection officers are highly trained to uncover illicit activity and they are committed to enforcing the laws of the United States,” said Casey Durst, CBP’s Field Operations Director in Baltimore. “Unreported currency often can be proceeds from alleged illicit activity, or used to fund transnational criminal organizations and I commend our officers on this interception”.

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

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.

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.“

 

Piles of cash seized by CBP officers at Philadelphia airport.

Philadelphia CBP Seizes $17k in Cash to Jamaica

Posted by Jason P. Wapiennik on

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 Bill Notice of Debt

Why Did I Receive a Bill From CBP?

Posted by Jason P. Wapiennik on

Frequently, we are contacted by people who receive a bill from Customs by mail. By this, they literally mean a bill, with a spot on the bottom that you’re tear off and return with payment like your utility bill. Here’s an example:

CBP Bill Notice of Debt

As you can see, this is different from the notice of penalty or liquidated damages. A penalty or liquidated damage notice invites the recipient to file a petition for remission or mitigation. Here, there is no such offer; the debt is due, and you are given little time to pay.

Why did I get a bill from CBP?

Well, it means you owe money to CBP. It could be because of failure to pay duties for merchandise imported (regular duties, or anti-dumping or countervailing duties), or you failed to take action after receiving a penalty notice/liquidated damages notice by either not paying the mitigated penalty timely, or by not responding at all.

You can usually figure out what the nature of the debt is by looking carefully at the bill, even if it’s not easily determined at first glance.

If you have no idea why you’re receiving the bill from CBP, it may indicate you did not receive notice of the debt. It may also indicate you are a very, very inexperienced importer that is definitely in need of an education.

Notice of Penalty or Liquidated Damages Inccured by CBP

Failure to Report Arrival or Advance Electronic Cargo Information Penalty

Posted by Jason P. Wapiennik on

U.S. Customs & Border Protection enforces many laws and regulations that concern arriving at the border, presenting merchandise to Customs, filing advance cargo information, and unloaded merchandise or off-loading passengers without authorization.

For instance, 19 CFR 123.92 requires advance cargo information for commercial shipments from Canada and Mexico be sent to CBP electronically 30 minutes or 1 hour prior to the “carrier’s reaching the first port of arrival in the United States, or such lesser time as authorized . . .” even if the carrier is just transiting through the United States.

Similarly, 19 USC 1433 requires that any vessel, vehicle, and aircraft report their arrival, and present all person and merchandise for inspection to a customs officer.

What happens if fail to report arrival or violate CBP’s entry regulations?

If you fail to report arrival, present false documents or paperwork, violate regulations regarding the entry and arrival of vehicles, or discharge passengers or merchandise without Customs authorization, you are liable to a penalty of $5,000, and possibly seizure of the conveyance and the merchandise stored in it.

If you have a prior offense, the amount can increase to $10,000. In the case of an unreported or improperly entered conveyance, Customs can impose the value of the merchandise (or if they conveyance itself is the merchandise… the value of the conveyance) in addition to the $5,000 or $10,000 standard penalty.

If receive a penalty for these failures under 19 USC 1436, we can file a petition for mitigation and you can expect your mitigated penalty to be reduced. The reduction varies on the type of violation, who committed, and the presence of aggravating or mitigating factors.

Image of Canadian and US cash seized by CBP at Massena NY by U.S. Customs & Border Protection

CBP Officers at Massena Seize $24,000 in Unreported Currency

Posted by Jason P. Wapiennik on

Customs officers seize cash at land-border crossings just like they seize cash at airports; whether air, land, or sea, Customs has authority to seize unreported, structured, or smuggled cash. It happens at large ports (like San Diego-Tijuana), but also at smaller, sleepier, less densely populated ports, like the Massena Port of Entry in New York (pop. 12,883).

Here’s the full story, with my comments in red, from CBP:

On September 27, 2018, U.S. Customs and Border Protection (CBP) Officers at the Massena Port of Entry seized approximately $24,000 from a Cambodian citizen who violated the federal currency reporting requirements.

During a secondary examination, the traveler was asked if they had any currency to declare and stated they only possessed pocket change.  [That it was secondary inspection means they already had a chance to declare the cash, but did not.]During the vehicle inspection, a large amount of currency was discovered in the center console of the vehicle. Additionally, it was revealed that the traveler had also concealed more currency within their front trouser waistband. [Combined with a failure to report, the cash being concealed within the console and wasitband will allow Customs to presume it was hidden with intent to smuggle it.]The undeclared currency was a combination of U.S. and Canadian funds and totaled approximately $24,000 U.S. dollars after currency conversion.

“This currency seizure illustrates the importance of travelers complying with all U.S. laws, including federal currency reporting regulations, and also highlights the consequences of noncompliance,” said Port Director Robert Dwyer.  “Currency seizures are a direct reflection of CBP’s continued commitment to enforce all U.S. laws at our nation’s borders.”

The undeclared currency was seized pursuant to Title 31, U.S. Code, Section 5317 for violation of Title 31, U.S. Code, Section 5316, failing to declare over $10,000 in currency or monetary instruments. [No mention of 31 USC 5332, the bulk cash smuggling statute. But, often these news releases are not as precise as the actual notice of seizure]. The traveler was subsequently refused admission to the U.S. and returned to Canada. [The traveler is lucky s/he did not also get arrested, as concealing and not reporting cash is punishable as a crime, in addition to seizure of the cash itself.]

It is not against the law to carry large amounts of currency in or out of the United States. Arriving or departing travelers may carry as much currency as they wish.  However, federal law requires that travelers who possess $10,000 or more in currency or other monetary instruments to declare this to a CBP officer at an airport, seaport, or land border crossing where they enter or leave the country.

Have you had cash seized by Customs in New York?

The process of getting seized cash from Customs in New York back is long and complicated; most importantly, legitimate source and intended use must be proven. If CBP seized cash from you, 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.

CBP Seizes $559,000 in Arizona

Posted by Jason P. Wapiennik on

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.