Tag: conceal

Customs Seizes $409,000 in Unreported Currency

Posted by Jason P. Wapiennik on January 8, 2014

Customs in Arizona seized a particularly large amount of unreported currency for what appears to be bulk cash smuggling offenses (that is, concealing cash so as to evade the reporting requirement) and failing to file a currency and monetary instrument report (CMIR) for amounts being transported over $10,000. Presumptively, since the individuals involved in the transportation of the money seized by Customs were involved, there is probable cause that these events were linked to some sort of illegal activity.

Every time currency is seized Customs asks the district attorney’s office if they want to prosecute. In this instance, the government is likely going to decide prosecute and the people are would face criminal charges. If it turns out the money was from legitimate source and she had a legitimate intended use, this situation was completely avoidable. But now, even if criminal charges are ultimately not filed or if they are ultimately not found guilty of a crime, they will still face civil forfeiture of the money and, if they wants it back, will have to fight for its return administratively, or in the courts.

(Tuesday, January 07, 2014) Tucson, Ariz. — Two women, a 36-year-old Mexican national and a 29-year-old U.S. citizen, were arrested Sunday in separate incidents for attempting to smuggle unreported U.S. currency into Mexico through ports in southern Arizona.

U.S. Customs and Border Protection Officers conducting outbound inspections at the Port of Nogales selected a vehicle driven by a Nogales, Sonora, Mexico woman for further inspection and found $301,000 in unreported cash hidden in a wheel-well of her vehicle. The cash was seized.

Earlier in the day at the Port of Douglas, officers referred a Ford SUV for further inspection where they found $108,000 in unreported U.S. currency concealed in the center console.The vehicle and cash were processed for seizure.

Both women were 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.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

Customs Money Seizure in El Paso

Posted by Jason P. Wapiennik on December 19, 2013

Another day and another news release from customs about a recent customs money seizure. This currency seizure story comes from the land border crossing at El Paso, Texas. This story is interesting because even though the money was deeply concealed in the heater core of the vehicle the driver was nevertheless released. How could that be? It could be that the driver bought the car used and was innocently travelling to Mexico without knowledge of the presence of the concealed currency, or it could be that the concealment was not done with an intent to evade the currency and monetary instrument reporting requirement (as that would be bulk cash smuggling). People hide money all the time in order to thwart attempts at theft by others. That’s why banks have safes.

(Friday, December 13, 2013) El Paso, Texas – U.S. Customs and Border Protection officers and U.S. Border Patrol agents performing southbound inspections at the El Paso port of entry seized $83,900 Thursday. The money was hidden in a car that was leaving the United States.

“CBP outbound inspections are intended to stop the flow of unreported currency, weapons, ammunition and other export violations,” said CBP El Paso Port Director Hector Mancha. “Currency is the life blood for criminal organizations so anytime CBP can seize any amount it makes it harder for those groups to continue their illegal enterprise.”

The seizure was made just before 10 a.m. at the Bridge of the Americas when a 2002 Buick LeSabre attempted to leave the U.S. for Mexico. CBP officers and Border Patrol agents selected the vehicle for an exam. While CBP personnel interviewed the driver a CBP currency detector dog searched the vehicle and alerted to the vents. CBP continued their exam and located four plastic-wrapped bundles concealed in the heater core. The contents of the packages contained $83,900 in unreported currency. The money was seized. The driver was released and the investigation continues.

There is no limit to how much currency travelers can import or export; however, federal law requires travelers to report amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

Please read these other articles:

CBP Seizes $82,000 in Currency

Posted by Jason P. Wapiennik on December 12, 2013

In a news release issued today from Customs we learn about a recent customs money seizure in Brownsville, Texas, that involves concealing the currency inside a vehicle. Because the news release does not contain the individual’s name involved in the bulk cash smuggling and failure to report offense, it seems likely that she was not ultimately arrested. This seems to be confirmed by the fact that the news release explains that, in order to get the seized money back from customs, you may file a petition and prove legitimate source and a legitinate intended use. See our selection of articles by our customs lawyer below the following excerpt for more on the process of getting your seized money back from customs.

U.S. Customs and Border Protection (CBP) officers conducting outbound enforcement operations at the Brownsville Port of Entry seized $81,864 in bulk U.S. currency.

“Vigilance in our outbound enforcement inspections is critical to our efforts of keeping undeclared currency from being exported without meeting proper reporting requirements. I commend our CBP officers for an outstanding seizure and arrest in this alleged bulk currency smuggling case,” said Michael Freeman, CBP Port Director, Brownsville.

On December 7, 2013, CBP officers working outbound enforcement operations at the Brownsville and Matamoros International Bridge came in contact with a 2002 Chrysler Town & Country as it attempted to exit the United States and enter Mexico. The female driver, a 42 year-old United States citizen from Brownsville, Texas was referred to secondary for further inspection. In secondary, a search of the Chrysler resulted in the discovery of three packages of bulk U.S. currency hidden within the vehicle.

CBP officers seized the currency; the driver has been transferred into the custody of U.S. Homeland Security Investigations (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 [Editor’s Note: Actually, the law says more than $10,000] 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.

Please read these other articles:

Customs Currency Seizure Totalling $421,770

Posted by Jason P. Wapiennik on November 28, 2013

In a recent news release U.S. Customs (CBP) seized nearly half of a million dollars in money concealed in the quarter panels of a vehicle. This means that the vehicle is subject to seizure as not only a vehicle outfitted for smuggling but also because it is a conveyance used in the violation of a law. That story is below:

El Paso, Texas – U.S. Customs and Border Protection officers and U.S. Border Patrol agents performing southbound inspections at the El Paso port of entry seized $421,770 November 9. The money was concealed in the quarter panels of a car and in the purse of the driver.

“The team of CBP officers and Border Patrol agents performing outbound examinations are working hard to stop the flow of smuggled currency, weapons, ammunition, and other violations,” said El Paso Port Director Hector Mancha. “Individuals can export any amount of money they desire but if the total exceeds $10,000 it must be reported to CBP. Failure to properly report incoming and outgoing monetary instruments can result in seizure of the proceeds.”

The seizure occurred at approximately 7 p.m. November 9 at the Ysleta international crossing. CBP officers and Border Patrol agents were screening southbound traffic when they selected a 2004 Chevrolet Cavalier for a secondary exam. As CBP personnel were interviewing the driver and lone occupant of the car a CBP currency detector dog alerted to the quarter panels of the vehicle. CBP personnel continued their exam and located bundles of money hidden within the quarter panels. CBP recovered a total of 36 packages of bundled currency including four in the purse of the driver. No arrests were made and the investigation continues at this time.

The fact that no arrestswere made and the investigation continues seems to indicate to me that, perhaps, there was no nexus to illegal activity. Maybe they were hiding the money to keep it safe. I have handled stranger cases. If the money is civilly seized the persons with an interest in it are going to eventually get a notice of seizure to which they will have to respond.

Please read these other articles:

Customs Seizes $35,018 in Currency

Posted by Jason P. Wapiennik on November 26, 2013

Customs has released another customs money seizure news release about some unreported and concealed money that was being taken from the U.S. to Mexico. Because the money was 1) not reported and 2) concealed, it can be seized for both failing to file a report and for concealing money with the intention to evade the reporting requirement. What the release particularly notes and what I want to draw attention to is that the vehicle was seized — a “conveyance” (here, the vehicle) can be seized because it was involved in a smuggling attempt, because it was outfitted for the purposes of smuggling, and/or because it was used to aid an importation contrary to law.

U.S. Customs and Border Protection officers working at the Calexico downtown port of entry Thursday . . . and intercepted $35,018 in unreported U.S. currency . . . . The . . . incident occurred shortly after 6 p.m. on Nov. 14, when CBP officers were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2006 Chevrolet Silverado pickup truck and referred the driver, a 30-year-old male, and vehicle for a more in-depth examination. During an intensive inspection that included an alert from a currency and firearms detector dog and use of the port’s imaging system, officers discovered two wrapped packages of U.S. currency concealed inside the center console between the vehicle’s front seats.

The report goes on to to state the the vehicle and currency were seized, and to note that it is a federal offense not to declare currency or monetary instruments totaling more than $10,000 to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements.

Please read these other articles:

CBP Seizes $30,007 in Unreported Currency

Posted by Jason P. Wapiennik on November 21, 2013

The pace of customs currency seizure news releases has declined since the government shutdown, but today Customs released some details on a recent currency seizure at sea. This is different than a lot of currency seizure stories posted here which usually happen in airports or at land border crossings. Let’s look at the details, with my emphasis in bold and my comments in brackets:

San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $30,007 in unreported currency last Friday from a passenger departing on board the M/V Caribbean Fantasy Ferry destined to Santo Domingo, DR. The seizure occurred during routine outbound examination of passengers at the Pan American Dock West in San Juan, Puerto Rico.

Dennis Mota-Rodriguez, 50, resident of San Juan, failed to accurately declare having in his possession more than $10,000 [Editor’s note: read about the reporting requirement HERE]. CBP officers conducted further examination of Mota and his belongings and discovered money concealed within a book agenda, hidden within clothing in his checked luggage and wrapped on his person, held by a girdle. [Editor’s note: any concealment, whether in luggage, backpack, etc., so long as it is done with an intent to evade the reporting requirement can be a violation of the bulk cash smugglinglaws].

The currency was seized under bulk cash smuggling laws. Homeland Security Investigations (HSI) special agents arrested Mota-Rodriguez and will proceed with an investigation. [Editor’s note: That’s right, some individuals are charged with criminal, and not just civil, violations of the law.]

“Transportation of currency is not illegal. However, if carrying more than $10,000 through our borders, the currency must be reported to CBP,” said Juan Hurtado, San Juan area port director. “Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges.”

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the United States. However, if the quantity is $10,000 or higher, they must formally report the currency to CBP. Failure to report may result in seizure of the currency and/or arrest. [Editor’s note: technically this is wrong, the reporting requirement is triggered if the amount is more than $10,000, not $10,000 “or higher”].

In addition to currency interdiction, CBP routinely conducts inspection operations on arriving and departing international flights and intercepts narcotics, weapons, prohibited agriculture products and other illicit items.

If this guy wasn’t up to anything illegal, then this was totally avoidable. He would have had to file the currency report, and demonstrate a lawful source for the money and lawful intended use. But he could have taken it with him had he only not hid the money and given Customs what they needed. In myopinion, though, sometimes Customs gets a little overzealous or unfair in their enforcement; however, I think the vast majority of customs officers do their job well. If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

International Cash Seizures by Customs reported by New York Times

Posted by Jason P. Wapiennik on November 15, 2013

I am a customs lawyer in the United States and, because of that, only deal with customs money seizures when they happen in the United States. Although I do travel through Europe every year I am not licensed to practice in any country of the European Union. So, it was interesting for me to read a recent New York Times story about customs money seizures in Europe. I really recommend reading the whole article at nytimes.com, callled European Borders Tested as Money Is Moved to Shield Wealth, as it has lots of amusing anecdotes about the people who were caught by European customs agents smuggling cash and getting their money seized.

Customs money seizures are on the rise in France, Spain and Italy. The article essentially says that the rise in customs money seizures in Europe is a result of several factors. First, people are moving money to hide evade higher taxes in some countries; second, tightening rules at Swiss banks, and third, “rising use of cash by fraudsters, including criminal networks and tax evaders”.

Do read the article: European Borders Tested as Money Is Moved to Shield Wealth.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

Reporting Money to Customs to Avoid Seizure

Posted by Jason P. Wapiennik on November 6, 2013

If you are trying to avoid having your money seized by Customs, take some advice from a customs lawyer: do not throw your money at the customs officer, swear at him, and then tell him to count himself. You will get your money seized.

While this seems obvious and not something you need the advice of a customs lawyer to figure out, apparently it is not obvious to some people who get their money seized by customs.

In the case of United States v Six Thousand, Two Hundred & Fifty Dollars, etc., in United States Currency, 706 F.2d 1195 (11th Cir. 1983), the Court had to decide whether or not someone had made the required declaration of currency being transported into the United States in a unique set of circumstances, as related below:

On February 22, 1980, at approximately 12:30 a.m., United States Customs Patrol officers (“CPO’s”) observed a vessel entering the inlet at Port Everglades, Florida. The vessel was proceeding without running lights and had no visible name or registration number. The CPO’s hailed the vessel, and . . . Gerald Smith, identified himself as the captain and informed the CPO’s that the vessel was entering the United States from Nassau, Bahamas.

[ . . . ]

CPO Hill observed a small leather purse under Smith’s arm. CPO Hill asked Smith what was in the purse. Smith did not respond to Hill’s question, but simply took the purse from underneath his arm and clutched it in his hand. CPO Hill then informed Smith that if he was carrying more than $5,000 in currency or negotiable instruments into or out of the United States, he had to report the monetary instruments to Customs. CPO Hill also briefly explained that it was not against the law to transport currency or negotiable instruments into or out of the United States, but that it was against the law not to report the monetary instruments to Customs. Smith did not respond to these statements; instead, he simply glared at CPO Hill. CPO Hill then repeated his statements regarding the reporting requirements and asked Smith if he could examine the purse that Smith was carrying. Smith responded by throwing the purse in the direction of CPO Hill and stating that if CPO Hill wanted to know how much was in the purse, he should count it himself.

CPO Hill opened the purse and immediately observed that it contained a sizable quantity of currency. CPO Hill then advised Smith again of the reporting requirements. Smith responded with a string of obscenities directed at CPO Hill.

It turned out there was $6,250 in this man’s purse, which back then, was over the former $5,000+ reporting requirement (note: the reporting requirement is over $10,000 now). These facts leave a lot of unanswered questions. Was the Customs officer really so persistent in explaining the reporting requirements in such a chance encounter? I doubt it. And why was the man have such a bad day, and carrying a purse?

But, those are questions I may never know…. the Court only had to answer whether or not throwing the money at the customs officer (“physical presentation” in the court’s words) satisfied the requirement to file the currency report. The court determined that physical presentation of the money did not satisfy the requirement to file a currency report to avoid seizure because physical presentation is not required: filing a report is the requirement, and the two are not equal. The court also stated that the man with the purse should have filed a currency report because the seizing customs officer told him about the requirement on two occasions during the currency seizure encounter.

So, let this be a lesson to anyone transporting currency into our out of the United States; physical presentation is not enough; nor is swearing at a CBPO a good idea, especially if you’ve got some money to lose.

Smuggled Cash in Tire Seized by Customs

Posted by Jason P. Wapiennik on October 22, 2013

Not all stories about cash seized by customs have such great pictures. In September, Customs reported on the discovery of over a half-million dollars concealed in the spare tire of an automobile headed for Mexico. The cash was seized by customs. That story, and the pictures, is what follows (with my emphasis in bold):

Calexico, Calif. — U.S. Customs and Border Protection officers arrested a Tecate man on Friday after discovering $654,900 in unreported U.S. currency hidden in the spare tire of the vehicle he was driving.

The incident occurred at about 5:45 a.m. on August 30th, when CBP officers, together with members of the Imperial Valley Border Enforcement Security Task Force (IV-BEST), were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2011 Toyota Tacoma and referred the driver for further examination.

During an intensive inspection that included an alert from a detector dog and the usage of the port’s imaging system, officers discovered 24 wrapped packages of U.S. currency concealed inside the vehicle’s spare tire.

The driver, a 45-year-old Mexican citizen, was turned over to the custody of Homeland Security Investigation (HSI) agents with the IV-BEST for further processing, and was later transported to the Imperial County Jail to await arraignment.

CBP placed an immigration hold on the driver to initiate removal from the United States at the conclusion of his criminal proceedings.

CBP officers seized the money and vehicle.

It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 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.

This is no doubt a criminal prosecution and the person could be determined to be guilty of bulk cash smuggling and failure to report currency over $10,000, and the cash seized by customs will will be forfeited and become the property of the government. If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

U.S. Border Patrol Agents Confiscate Cash and Marijuana

Posted by Jason P. Wapiennik on October 4, 2013

About a week ago, U.S. Customs and Border Protection released this news regarding a currency seizure in San Diego:

U.S. Border Patrol agents patrolling the I-15 and agents at the I-5 checkpoint apprehended two individuals in separate events who were involved in smuggling Monday.

At approximately 1:30 p.m., agents encountered a male Mexican national driver on Interstate 15 exhibiting suspicious behavior. Agents conducted a routine traffic stop and questioned the man. A subsequent inspection by a canine team resulted in an alert to the trunk of the 2000 Mercury Marquis. A search of the trunk revealed $43,000 in undeclared U.S. currency hidden inside a cardboard box that was located beneath a false floor. The 55-year-old man was arrested and turned over to Homeland Security Investigations. The vehicle and cash were seized by the U.S. Border Patrol.

[ . . . ]

To prevent the illicit smuggling of humans, drugs, and other contraband, the U.S. Border Patrol maintains a high level of vigilance on corridors of egress away from our Nation’s borders. To report suspicious activity to the U.S. Border Patrol, contact San Diego Sector at (619) 498-9900.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

This seizure is different from most articles that I comment on here. For one, it was conducted by U.S. Border Patrol Agents (part of CBP), and because the money was seized after the individual entered the United States.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Las Vegas, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles: