Tag: criminal

CBP at JFK Seizes Cocaine in Meat

Posted by Jason P. Wapiennik on April 14, 2014

Customs seized over 7lbs of cocaine from a man who apparently tried to smuggle it into the United States by hiding it in frozen chunks of meat from Trinidad. If CBP published statistics on stupid smuggling attempts that are bound to fail, this would go down as one of the stupidest smuggling attempts of the year.

Why is it so stupid? Because it is basically impossible to import meat into the United States without getting advance permission from either the FDA, USDA, or both — more on those restrictions HERE. Put simply, the problem is that the smuggler basically tried to hide something illegal in something that was illegal; typical smuggling attempts have people hiding illegal merchandise in or around perfectly legal merchandise.

Not only was this poorly planned for that reason, but who could ever doubt that a dog – trained for smelling both the presence of meat and narcotics – would not alert to cocaine wrapped in juicy chunks of meat? I mean, take a look at the picture below.

JAMAICA, N.Y. — An arriving passenger at John F. Kennedy International Airport had a different kind of ‘beef’ when encountered by U.S. Customs and Border Protection Officers.Meat seized by CBP also contained cocaine

On March 20, CBP officers stopped Mr. Yudishtir Maharaj who was arriving on a flight from Port of Spain, Trinidad. During the course of the inspection CBP officers discovered three large
packages of frozen meat within his luggage. When probed, the frozen packages of meat produced a white powder that tested positive for cocaine. Mr. Maharaj was arrested for the importation of a controlled substance and was turned over to Homeland Security Investigations. The total weight of cocaine seized is approximately 7.35 lbs.

“This latest seizure demonstrates the vigilance of our CBP officers, and their excellence in detecting those who would try to smuggle these illegal substances,” said Robert E. Perez, Director, Field Operations New York.

Mr. Maharaj now faces federal narcotics smuggling charges and will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

All defendants are considered innocent until proven guilty.

I do not represent narcotics smugglers, but a lot of innocent people and people acting in good faith or from a position of ignorance get their property seized by customs all the time. If you have had merchandise, property, orcash 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

CBP at JFK Seizes More Than $121,000 of Counterfeit Cash

Posted by Jason P. Wapiennik on April 4, 2014

Any customs lawyer will tell you that it’s better to get caught failing to report real currency than to get caught importing in counterfeit money. In this case, the law has served its intended purpose, as the following news release for a counterfeit currency seizure at JFK Airport in New York City clearly demonstrates

On February 21, 2014, CBP Officers selected [a traveler] for a random baggage examination [who] was returning from Lima, Peru and presented one checked suitcase for inspection. During the examination of his checked bag, the officer removed a cardboard diary box. The inside cover was sliced open revealing what appeared to be counterfeit U. S. $100 bills.

In total, $121,300 in counterfeit U. S. currency was concealed in one diary box, two wallets, one fabric box, and two cloth shoe racks. Mr. Rodriguez Ezeta was placed under arrest, and the counterfeit $100 bills were seized. The counterfeit currency and all evidence have been turned over to the Secret Service for further investigation, and [the individual will be] prosecuted by the U. S. Attorney’s Office Eastern District.

Based on these facts, it seems fairly clear that the person transporting the counterfeit currency knew it was counterfeit; I say that because of the concealment of the counterfeit currency in several places throughout his luggage. 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

CBP at JFK Seizes $150,000 in Counterfeit Currency

Posted by Jason P. Wapiennik on March 25, 2014

Any customs lawyer will tell you that it’s better to get caught failing to report real currency than to get caught importing in counterfeit money. You will note that this (counterfeit) cash seizure occurred as a result of the currency reporting requirement. The purpose of the currency reporting requirement is to do exactly this — catch people who are bringing in illegal (in this case counterfeit) money into the United States. In this case, the law has served its intended purpose, as the following news release clearly demonstrates

Jamaica, N.Y. — U.S. Customs and Border Protection (CBP) officers at John F. Kennedy International Airport seized 1500 counterfeit $100 Federal Reserve Notes (bills) last month.

On December 14, CBP officers selected Ciara Ryan for a random baggage examination. Ryan, 38 was returning from Colombia and had two bags in her possession. The first bag was examined by officers and was found to have a strong odor of glue coming from it. Upon further inspection, CBP found alterations to its bottom; within the alterations were several suspected counterfeit U.S. $100 bills.
A black leather satchel also in her possession was examined and found to contain more suspected counterfeit bills concealed within its lining. Ms. Ryan was placed under arrest and a total of 1,500 counterfeit $100 bills ($150,000) were seized. She will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

Based on these facts, it seems fairly clear that the person transporting the counterfeit currency knew it was counterfeit; I say that because of the concealment of the counterfeit currency in a false compartment in the bag and in the lining. 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

Customs Seizes $19,800 at Border

Posted by Jason P. Wapiennik on February 18, 2014

Customs executed another customs money seizure at a Texas border crossing; this story just doesn’t happen at land borders like our shared border with Canada, but also at international airports. This particular tale of woe concerns a woman who had 3 vacuum sealed packages containing a total of $19,800 — that they were vacuum sealed would most likely indicate to Customs that this was not an inadvertent failure to file a currency and monetary instrument report, but rather an attempt to smuggle money without alerting the drug/currency-sniffing dogs to the presence of the money.

Eagle Pass, Texas – U.S. Customs and Border Protection officers in Eagle Pass seized more than $19,000 in undeclared currency Thursday afternoon.

“Large amounts of currency may be imported and exported with the proper documentation,” said Cynthia O. Rodriguez, CBP Port Director, Eagle Pass. “Failure to report international transit of $10,000 or more could mean forfeiture of funds and criminal sanctions.

“Seizing undeclared currency at ports of entry serves to deprive criminal organizations of their profits.”

Shortly after 1 p.m. Thursday, CBP officers at Eagle Pass International Bridge I encountered a pedestrian as she was exiting the United States bound for Mexico. During inspection, officers discovered the woman, a 22-year-old citizen of Mexico, had a large quantity of U.S. currency in her possession. Officers seized three vacuum-sealed packages containing a total of $19,800. The woman was turned over to Homeland Security Investigations for federal prosecution.

The reason your currency was seized by customs may be different. The vast majority of my client’s have had their money taken by customs at the airport or at the land borders because of miscommunication, ignorance of the reporting requirement, confusion, fatigue from travel, and other times because of unfair, if not necessarily illegal, enforcement tactics used by customs. If you have had money seized by customs 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

Customs in Philadelphia Seizes $27k in Unreported Currency

Posted by Jason P. Wapiennik on January 27, 2014

Another news release from customs demonstrates why you should make a truthful declaration to customs when carrying over $10,000 to avoid a customs money seizure. In this instance, a husband and wife were travelling together and between each of them, they possessed over $27,000 in various currencies located in different envelopes. After verbally reporting $6,000, he later reported $16,000 in writing. It’s important to remember that the currency declarations and requirement to report travelling with more than $10,000 applies to all currencies, both foreign and domestic.

As with most cases of this type, it involves questions of potential structuring violations (dividing money up between multiple people to avoid the reporting requirement), bulk cash smuggling (customs will often try to say that concealing the currency in anything shows an intent to smuggle, even if it’s just in an envelope in your luggage in different locations). In order to get their money back, they will need to demonstrate a legitimate source and legitimate intended use and they can do this by filing a petition.

The story:

Philadelphia – U.S. Customs and Border Protection (CBP) officers seized nearly $27,000 from a Ghana couple Sunday at Philadelphia International Airport after they failed to truthfully report the total currency they possessed.

Neither was criminally charged.

The couple arrived from Germany and was referred to a secondary inspection. The man verbally reported possessing $6,000. After CBP officers explained federal currency reporting requirements, the man then wrote down that he possessed $16,000. During a baggage examination, CBP officers discovered multiple envelopes that contained U.S. currency, British pounds, Swiss francs and Ghana cedi. Officers verified the total currency as $27,431.30. Officers returned $500 to the couple for humanitarian purposes and seized the remaining $26,931.30. Officers released the couple to continue their visit.

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

“CBP derives no great pleasure from seizing travelers’ currency. However, there are consequences for failing to comply with U.S. currency reporting laws,” said Tarance Drafts, acting CBP Port Director for the Area Port of Philadelphia. “We hope that all travelers are honest with CBP officers and truthfully declare the total currency they possess or other things that they are bringing from overseas to the U.S.”

If you have had money seized by customs 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

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:

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:

Large Customs Money Seizures in Puerto Rico

Posted by Jason P. Wapiennik on December 5, 2013

In a recent Customs news release two customs money seizures were reported in the same weekend at the Luis Munoz Marin airport in San Juan, Puerto Rico. These are big currency seizures totalling nearly $300,000 in seized money. I quote the story below:

San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $180,678 in unreported currency Saturday, while conducting routine outbound operations on a flight departing to Santo Domingo, Dominican Republic. Another seizure occurred on Sunday, during an enforcement routine check at the airport’s baggage claim area, resulting in the seizure of an additional $109,989 concealed within luggage.

On Saturday, CBP officers selected United States citizen Luis Carrion-Velilla, 32, for examination, and explained to him the currency reporting requirements. Another passenger traveling with Mr. Carrion was also interviewed. During the interview, they claimed to be transporting less than $10,000. Intensive examination revealed $180,678 concealed in several locations, within clothing in their luggage, in a toiletry bag and in a false bottom compartment on a carry-on. During the interview, it was determined that all the money belonged to Mr. Carrion, which he voluntarily abandoned.

The currency was seized under bulk cash smuggling laws and Assistant AUSA Maritza Gonzalez approved criminal prosecution. [Note: Read the article I link to, but it is smuggling because it was concealed.]

“The unreported cash that we seize has an impact on criminal organizations by making it more difficult for them to further their illicit activities,” said Juan Hurtado, San Juan area port director. “CBP officers remain vigilant generating important enforcement activity regularly.”

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. [Note: technically this is wrong, the reporting requirement is triggered if the amount is more than $10,000, not $10,000 “or higher”].

On a separate incident Sunday, law enforcement authorities seized $109, 989 during an enforcement routine check in the baggage claim area of the Luis Munoz Marin International Airport. A Puerto Rico Police canine alerted to a piece of luggage and PRPD agents found the currency hidden inside. CBP officers and Homeland Security Investigation agents provided assistance with the seizure and subsequent investigation. Local and federal law enforcement authorities in Puerto Rico will continue to work together to disrupt criminal activity in the island.

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: