Tag: conceal

Man’s Money Seized by Customs Trying to Smuggle Out of U.S.

Posted by Jason P. Wapiennik on

According to a recent news release, Customs intercepted an alleged outbound currency smuggling attempt in Arizona:

A local man was arrested yesterday for attempting to smuggle $50,000 in unreported U.S. currency into Mexico through the Port of Nogales.

Customs and Border Protection officers and Border Patrol agents conducting outbound inspections at the Dennis DeConcini Port referred Rene Becerra-Portillo Jr., 22, of Rio Rico, Ariz., for further questioning. During the subsequent search of the man who was wearing a uniform from a local fast food restaurant and carrying a bag and drink, $50,000 of unreported currency was found inside the bag. The cash was processed for seizure. Becerra was referred to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

The seized money was in a fast food bag, and he was wearing a uniform for a fast food joint. The variety of different means smugglers use always impresses me.

If you have money seized and receive a notice of seizure, do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly. The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

 

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, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Read about responding to a customs currency seizure.

$25K Currency Seizure at Philadelphia International Airport

Posted by Jason P. Wapiennik on

This is the second such story from Philadephia about Russian’s and the Philadelphia airport, the first one I commented on here. CBP releases this news with my emphasis in bold:

Philadelphia – Failing to truthfully declare items to U.S. Customs and Border Protection (CBP) officers and agriculture specialists at Philadelphia International Airport proved to be expensive lessons for several travelers during a busy weekend.

CBP officers seized $25,720 from a Russian citizen Friday, and assessed a mitigated $1,000 penalty to a U.S. citizen Sunday who each violated federal currency reporting requirements, [ . . . . ]

“The events of this weekend represent just a simple snapshot into what U.S. Customs and Border Protection employees do at our nation’s 330 ports of entry every day to ensure respect for established U.S. laws, and to protect our citizens, our economy and our nation,” said Paul Nardella, acting CBP port director for the area port of Philadelphia. “The one thing that we ask is for travelers be honest with us and truthfully declare what they are bringing to the U.S.”

The Russian man first reported that he possessed $9,000 during a routine inspection Friday. He then amended that amount to $19,000 after CBP officers advised him that currency reporting requirement also covered personal and travelers checks. CBP officers then discovered a total of $27,448 during a baggage examination. The currency consisted of $17,220 in U.S. dollars, $250 in Australian dollars (equivalent to $228 USD) and a $10,000 personal check. CBP officers seized $15,720 in U.S. dollars and the check, and released the remainder to the traveler for humanitarian purposes. Officers also advised the traveler the process for petitioning for his currency, and then released him to continue his visit.

CBP officers assessed the mitigated $1,000 penalty Sunday after they discovered $17,579.43 in U.S. dollars and equivalent foreign currency during a baggage inspection. The U.S. man initially reported $4,000 in U.S. dollars and $4000 in Euros.

There is no limit to how much currency that travelers can bring into, or take out of the United States. However, travelers are required to report amounts of $10,000 or more in U.S. dollars, equivalent foreign currency, or other monetary instruments.

[ . . . ]

CBP routinely conducts inspection operations on arriving and departing international passengers and cargo, and searches for terrorist weapons, illicit narcotics, unreported currency, counterfeit merchandise, and prohibited agriculture and other products.

 

Do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly. The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

 

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, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Read about responding to a customs currency seizure.

Currency Seizures by U.S. Customs Increase on the Holidays

Posted by Jason P. Wapiennik on

The holidays always seem to be ripe for currency seizures by U.S. Customs & Border Protection because of the increased amount of travel that invariably happens during the holidays. And when I say holidays, I do not mean those national and international holidays, too.

Whether you’re crossing the U.S.-Canadian border to participate in the the holiday festivities with your family, or you’re a Chinese national returning from China with a bagful of red envelopes (hongbao) from surprisingly generous relatives, or simply trying to get some money back to your family in Syria or Egypt who face a grave humanitarian crisis, we can help you get your seized money returned to you. 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. Read about responding to a customs currency seizure.

So, it is no surprise that there will be an up-tick in currency seizures during this Fourth of July weekend. This news story was released yesterday and occurred on June 30, where CBP Officers Seizure $39,000 in Unreported Funds. It will probably be just the first in a string of currency seizures in the news.

Phoenix, Ariz. — A local man attempted to smuggle $39,100 in unreported U.S. currency into the United States from Angola.

On Sunday afternoon, U.S. Customs and Border Protection officers assigned to Phoenix Sky Harbor International Airport were conducting inspections of arriving passengers on a British Airways flight referred a 67-year-old man for further inspection. During the search of the man’s luggage, officers found envelopes containing the large volume of unreported currency. The cash was processed for seizure.

The man was turned over 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.

CBP’s Office of Field Operations is the primary organization within Homeland Security tasked with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the United States while facilitating the flow of legitimate trade and travel. Their mission also includes carrying out border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation’s food supply and agriculture industry from pests and diseases.

We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Call (734) 855-4999 today.

$61k CBP Currency Seizure at Washington Dulles

Posted by Jason P. Wapiennik on

Recently, at Washington’s Dulles Airport, CBP seized over $60,000 that was mis-reported to Customs by a Gambian national and concealed in his baggage:

On Saturday, CBP officers and Homeland Security Investigations (HSI) agents from Immigration and Customs Enforcement (ICE) discovered $64,770 in U.S. dollars that the Gambian man had concealed throughout his possessions. The man initially reported to two CBP officers separately that he did not possess more than $10,000 in U.S. dollars or equivalent foreign currency. After CBP explained the currency reporting requirements, the man then reported that he possessed no more than $14,000. After an initial baggage examination revealed $44,750, the man completed a U.S. Treasury currency reporting form reporting $44,750. A subsequent examination of a carry case revealed an additional $20,000. CBP seized $61,770, released $3,000 to the man for humanitarian purposes, and then released him.

So, our Gambian friend in this story has made several mistakes. First, he no doubt put on his traveler’s declaration form that he was not in possession of more than $10,000. Second, when orally asked by CBP to confirm or deny that fact, he denied it, which was apparently false. Third, when he finally decided to declare possession of more than $10,000, he only declared $14,000, despite having an additional $50,000 with him. Fourth, CBP could probably charge him for bulk cash smuggling because the money was apparently concealed from the view of CBP within his baggage.

Basically, any one of these constitutes a failure to report; however, in my experience (despite some occasional abuses) Customs does give traveler’s an opportunity to amend their currency report and properly declare their money. The law is clear, though, all of the currency or monetary instruments is subject to seizure, even the amount that was reported. So in this case, even though $14,000 was eventually reported, the entirety of the money gets seized — not just the amount over and above the $14,000. This mistaken belief sometimes gets people into trouble.

If you have had currency seized and are wondering how to proceed, please make use of the other information we make 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 currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

$19,000 money seizures by Customs in Philadelphia

Posted by Jason P. Wapiennik on

It’s nice to see news releases about things other than currency seizures that occur at the U.S.-Mexican border involving bulk cash smuggling. This particular one is from Philadelphia, and the original story is available here. Before we get to the meat of the story, let me point out a few things:

moneystack

First of all, note that “surrendering” is an interest choice of words; if not just poor word choice by the author, it suggests that money was turned over voluntarily rather than seized, perhaps in recognition of some wrongdoing. I have never come across anyone who just surrenders their money to customs and then is instructed to file a petition. I have had Customs allege client’s had “abandoned” the money that was seized, but why the curious choice of words in either case I do not know.

Second, the story mentions that the Indian man paid a $1,000 civil penalty. This means that the man must have been travelling with sufficient documentation to prove legitimate source and no connection to criminal activity, and further, that he had a legitimate intended use for the money — necessary elements to responding to a notice of currency seizure. In some circumstances, where the amount transported is less than $25,000 Customs can eliminate the need to file a petition for the money by mitigating the seizure on-site.

The story, with my emphasis in bold:

Philadelphia – A U.S. citizen learned the importance of being truthful on U.S. Customs and Border Protection (CBP) declarations and to CBP officers after surrendering $19,000 for violating federal currency reporting requirements Sunday at Philadelphia International Airport.

During a secondary inspection, the man, who arrived from Germany, reported possessing no money upon his return to the United States. CBP officers explained the currency reporting requirements to which the man said he understood, then verbally and in writing declared no money. CBP officers then discovered $19,417 in U.S. dollars and 405 Euros. CBP officers returned $417 in U.S. dollars and the 405 Euros as humanitarian relief, advised the man as to the process to petition for the remaining currency, and released him.

[ . . . ]

“Customs and Border Protection officers offer travelers multiple opportunities to truthfully report their currency, but those who refuse to comply with federal currency reporting requirements face severe consequences, such as hefty penalties, having their currency seized, or potential criminal charges,” said Allan Martocci, CBP port director for the Area Port of Philadelphia. “The easiest way to keep your currency is to truthfully report it.”

CBP officers assessed a $1,000 civil penalty to a second traveler, an Indian man who arrived Saturday from Germany after officers discovered $17,750 in U.S. dollars and 14,330 in Indian Rupees in his possession. The combined currency equated to$18,007 in U.S. dollars.

International travelers who arrive or depart the United States in possession of more than $10,000 or equivalent foreign currency are required to report all currency to CBP officers and complete a Treasury Department Financial Crimes Enforcement Network (FinCEN) form.

Do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly. The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

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, Los Angeles, Orlando and many other places, and not just locally in Detroit.

 

Currency smuggler tries laundering money

Posted by Jason P. Wapiennik on

Pardon the clever title, but a news release from U.S. Customs & Border Protection tells the tale of a man who tried to smuggle more than $50,000 in a laundry detergent box out of the United States:

CBP officers and Border Patrol agents were conducting a southbound inspection operation at the 


PresidioCurrency Smuggler Laundering Box crossing when [ . . . ] a 2011 GMC Sierra pick-up driven by a male U.S. citizen approached the checkpoint. The driver and vehicle were selected for an intensive exam. During inspection of the vehicle and baggage the officers noticed tampering on an unopened box of detergent. Further inspection of the box revealed currency bundles wrapped in plastic bags hidden within the soap. CBP officers seized the money and vehicle. No arrests were made and the investigation continues.

“CBP officers are working hard to stop the illegal movement of guns, ammunition and unreported currency,” said David Lambrix, U.S. Customs and Border Protection Presidio port director “Travelers who do not follow federal currency reporting requirements run the risk of losing their currency and may potentially face criminal charges.”

As you can see from the last paragraph, it is stories like these that really give Customs a chance to get on their soap box about their mission, money laundering, and the currency reporting requirements.

If you have had your money seized by Customs, please contact our office today and speak to an attorney experienced in customs law and currency seizures by calling (734) 855-4999, or e-mail us through our contact page.

 

San Juan CBP Seizes $43,000 in Unreported Money

Posted by Jason P. Wapiennik on with 1 Comment

CBP reports on recent current seizures in the U.S. territory of Puerto Rico, in part stating:

U.S. Customs and Border Protection (CBP) officers seized more than $43,500 in unreported currency at the Luis Munoz Marin Airport last Wednesday, May 15, 2013, in two separate incidents.

While conducting outbound operations on a JetBlue flight destined to the Dominican Republic, a CBP K9 alerted to a passenger, who was then interviewed by CBP officers. During the interview, the passenger stated he was transporting $5,000. During his cbp_tapecarry-on inspection various bundles of currency were found hidden in different locations. A total of $21,378 in currency was found hidden, including inside his socks. The currency was seized.

Departing on the same flight, a different passenger was informed about the currency reporting procedures in his native Spanish language, and he stated that he was transporting $2,000. Examination of the passenger’s carry-on bag revealed additional bundles of U.S. currency, which were concealed inside his clothing. The passenger also failed to report around $9,000 concealed inside clothing on his checked luggage. The total amount of U.S. currency seized was $22,160.

(Emphasis added).

This is interesting because it demonstrates that the currency reporting law applies equally to the U.S. territory of Puerto Rico. Moreover, it should be noted that the fact the the people in these cases hid the money inside articles of clothing will also give rise to additional grounds for seizure, beyond mere failure to file a report, of bulk cash smuggling by virtue of concealing it.
If you have had currency seized, please read our article about responding to a currency seizure to better inform yourself of the process. You should contact our office in order to discussion your legal matter further, the prospect of getting your money returned, potential penalties, and the types of evidence needed in order to get your money back. We can be reached at (734) 855-4999 or by the methods shown on our contact page, and are able to help get your money back no matter your location.

 

Customs seizure of smuggled money in Arizona

Posted by Jason P. Wapiennik on

A news release from Customs & Border Protection goes into some detail on a recent money seizure in Arizona. The release says that Customs officer’s seized $10,744 in unreported money/currency from a 22-year old guy with a valuable pair of shoes (see below. sometimes  I just like re-posting these new releases for the pictures they provide of smuggling attempts).

U.S. Customs andCustoms Seizure Arizona Shoe Border Protection officers and Border Patrol agents conducting outbound inspections referred a 22-year-old man for further inspection. During a search of the man, officers found $10,744 in U.S. currency concealed in his shoes. The currency was seized and the man was 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.

Unlike the usual cases I handled where the unreported seized money is part of a civil seizure, this apparently was a criminal seizure. While any violation can give rise to criminal penalties, usually if there is no suspicion of criminal activity the assistant U.S. attorney will not press charges.

In fact, before sometimes before a person is a released after being detained for bulk cash smuggling, a failure to report currency over $10,000, or a structuring violation the seizing officer will call and explain the circumstances to the assistant U.S. attorney, who may either accept, defer, decline prosecution. Of course, if prosecution is initially declined, it would not prevent the government from changing their mind and pursuing criminal charges should they find new evidence in the future.

The risk of criminal prosecution, and the complicated process of actually getting your money through the petition process, is a good reason to give our office a call at (734) 855-4999, or e-mail us if you have had your money seized by Customs, even if you feel it was innocently done. We provide more reasons for hiring an attorney in our tutorial on the currency seizure process.

U.S. Customs money seizure in Maine

Posted by Jason P. Wapiennik on

The Bangor Daily News out of Maine reports on some noteworthy monetary instruments seizures in 2012 by U.S. Customs, including this one:

In one incident the agency highlighted, two Houlton Border Patrol agents seized $89,808 in U.S. currency, $10,440 in Western Union traveler’s checks and $200 in Canadian currency from two men from Canada.

The money was apparently was connected with:

. . . a telephone fraud scheme that preyed on the elderly. The scam involved the subjects advising the elderly of a grandchild or other relative desperately in need of money, and instructing them to wire funds. The victims were subsequently bilked out of hundreds of thousands of dollars. US Canada Border Marker

[  . . . ] The $100,448 initially seized by Border Patrol agents was returned to 18 of the victims.

No mention of the exact legal basis under which the money was seized, or exactly how this fraud scheme became unraveled at the border. I suspect somebody was trying to smuggling the money of the country to evade detection, and taxes, when CBP made the discovery and began putting the puzzle pieces back together.

If you have had currency seized from Customs, do not go it alone. Get the advice of an attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring an inexperienced lawyer. You worked hard for your money, so be sure to protect it. If you have questions, please give us a call.

To further inform yourself, please read the various articles I have written on this and related topics. But do not let it replace the advice of attorney who is familiar with the law and your particular circumstances.

Getting back money seized by U.S. Customs when overseas

Posted by Jason P. Wapiennik on

In the Legal Roadmap of a Customs Money Seizure series of articles we published, we explain how Money going down the drain U.S. Customs may seize your cash (currency, whether U.S. or foreign), and any monetary instruments for failing to report transportation of more than $10,000 when entering or leaving the country, for bulk cash smuggling, and/or illegal currency structuring.

That means if you are flying into the U.S. or leaving the U.S. from an airport or land border crossing and you are transporting more than $10,000, do not file a report, have concealed they money, or have divided the cash with others, U.S. Customs (CBP) may seize your money on-site, at the airport or border crossing.

A cash seizure while traveling is problematic because you will not be at your normal residence (or in your own country) for a period of time and you might not receive the CAFRA notice of seizure. The legal problem is that, as we explained in responding to a cash seizure, you might not receive the notice of seizure (because it’s lost or there’s no one to sign for it), or receive it too late.

A cash seizure when traveling overseas also creates problems even if you do receive the notice, because without representation, you will have to burden your friends or relatives with the lengthy and detailed process for getting your seized currency back from U.S. Customs, or because you will have to get them involved in your private and financial affairs.

But after hiring Great Lakes Customs Law as your customers lawyer, we can obtain the CAFRA notice of seizure on your behalf, and usually get it issued more quickly than normal. If we represent you, we make the process as seamless and simple as possible for you. By hiring Great Lakes Customs Law immediately after seizure, U.S. Customs will send the CAFRA seizure notice direct to our offices.

We then prepare the necessary petition with your cooperation and file it with Customs for you without your direct involvement. If you choose, we can directly receive the money in the form of a paper check, or via direct deposit into a bank account. If desirable, this returned seized money can then be wiredto your overseas bank account, which is something that Customs will not do.

We at Great Lakes Customs Law can represent you while you are staying overseas and you will not have to bear the additional burden and expense of making a return trip to the United States to gather evidence, submit your petition, or receive your money.

If you have had cash seized by customs please read our Legal Roadmap of a Customs Money Seizure and click the button at the top of this page to us or e-mail us to schedule you free currency seizure consultation.