Tag: customs cash seizure

$45,000 of cash seized in envelopes by CBP laid out in 3 rows of 15 on on a wood table with a CBP logo

CBP Seizes $44k from Couple Flying to Ghana

Posted by Jason P. Wapiennik on

What happens when you’re going to Ghana and you don’t declare your cash to CBP? Your cash is a Goner! Last week, CBP at Dulles Airport in Sterling Virginia seized $44,606 from a couple leaving the United States from Ghana.

According to CBP, the couple told CBP they only had $14,000…. that’s about $30,000 less than what they were carrying. If true, that is a pretty serious failure to report violation. No one forgets they are carrying $30,000 less than they have.

But there are always two sides to every story. In my experience, CBP occasionally has a way of justifying cash seizures if the facts later turn out not to support their reasons for seizure (like when family is traveling together and they think the money was intentionally structured). Here’s the story from CBP’s perspective:

In separate incidents on Monday at Washington Dulles International Airport, U.S. Customs and Border Protection (CBP) officers intercepted an impostor who arrived from Ghana, and seized about $44,000 from a couple heading to Ghana.

[ . . . ]

Moments later, a CBP K9 alert led to CBP officers seizing a total of $44,606 in U.S. dollars and equivalent foreign currency from a Ghanaian couple who attempted to board a flight to Ghana. The woman was already on the flight when CBP officers interviewed the man. The Ghanaian man reported to CBP officers that he possessed $9,000. He then reported that his wife had an additional $5,000. CBP officers discovered the additional currency during a baggage inspection.

CBP returned $1,500 to the couple and released them to continue their journey.

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

None of the three travelers was arrested. The Privacy Act prohibits releasing the travelers’ names since they were not criminally charged.

“These are two very serious violations of U.S. immigration and currency reporting laws, and these travelers are very fortunate to avoid criminal prosecution,” said Wayne Biondi, CBP Port Director for the Area Port of Washington Dulles. “Customs and Border Protection hopes that these incidents are a reminder to all travelers to be truthful with CBP officers. The United States is a welcoming country, especially to those who respect our nation’s laws.”

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.

Notice of Seizure and Intent to Forfeit (CAFRA) at the Port of Detroit

Detroit CBP Seizes $10,005 in Cash at DTW

Posted by Jason P. Wapiennik on

Press releases from CBP about cash seizures have been slow for the past several weeks, but there are still plenty of people getting money seized and lots of forfeiture actions being published on forfeiture.gov, like the following case where slightly more than $10,000 was seized at Detroit Metropolitan Airport on June 16:

2016380700087701-001-0000, Seized on 06/16/2016; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 101; EA; Valued at $10,005.00; For violation of 31USC5317, 31USC5316, 31CFR1010.340(A)

What a bummer for this person; he had another $5 with him that took him the category of people who do not have to file the currency report, to the category of people that must file. My guess is that he knew the reporting limit was $10,000, so that’s all he took with him (which could be a structuring violation, anyway); but he probably forgot about a $5 bill in the fold of his wallet, or in the pocket of his luggage. This is technically – legally – a violation of the reporting law. Of course, Detroit Customs seized his cash.

Sometimes they let people amend their report, sometimes they do not. I’ve had clients who’ve had money seized in same detention area with someone who, also failing to report, have not had money seized. I presume the decision to seize is dependent on the facts and circumstances of the seizure, and it is not just entirely arbitrary and capricious. I would really, really, like to believe that.

If you are traveling with $10,000.01 or more, you must file a currency report with CBP. If he was traveling with $10,000, no report was necessary. But, because he had $10,005, he had to file a currency seizure report.

Has Detroit CBP seized your cash?

If Detroit 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.

Money Seized by CBP near D.C.

Posted by Jason P. Wapiennik on

A Virginia man had money seized by CBP near Washington, D.C., last week when CBP officers seized $38,872 worth of money exiting the country at Dulles International Airport en route to Ghana. The story says CBP officers were conducting an “outbound enforcement operation” which is a fancy way of saying that, as passengers were boarding their flights and presenting their boarding tickets at the gate, CBP officers were standing by and asking how much money they were carrying and were ready to seize money from anyone misreporting it.

These encounters are often unexpected by travelers. Questions are sometimes asked informally without an explanation from CBP. These often prompts surprise, panic, and thoughts like “What business is it of you how much money I am transporting?” Rare is an explanation of the reporting requirement made (though it is not required).

The the CBP officer might questions like:

  • “How much money is in your bag?”
  • “How much money is in your wallet?”
  • “How much money are YOU carrying?”

A truthful answer to those questions could get you in trouble, because in reality what CBP seeks to find out is how much money are you transporting in your bag, wallet, on your person, and with other members of your group.

After you’ve answered the question, truthfully or inaccurately, CBP will then either pull you aside and count the money (a “secondary examination”), or present you with form 6059B to read and sign (sometimes they prepare the form with your verbal report and present it only for signature).

The form 6059B contains a detailed statement about when money must be reported to customs, and how. It also explains the penalty for not reporting money to CBP. If you fill out the form inaccurately and sign it, you’ve just broken the law and your money is now subject to seizure by CBP.

If you’ve ever had money seized by CBP, you know that the process is tilted in the government’s favor. That’s Great Lakes Customs Law is here — to help you get your money back for you. In any event, here is an excerpt from the story from CBP in Virgina:

A man was boarding a flight to Ghana and was selected for questioning by CBP officers who were conducting an outbound enforcement operation on the international flight.  The man completed a financial form, reporting $8,500 however; a total of $38,872 was discovered on his person.  CBP officers seized the $38,872 and advised him how to petition for the return of the currency.

Did you have money seized by CBP?

If you had money seized by CBP, you can learn more from our trusted legal guide to a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Cash from China seized in Red Envelopes

Cash From China Seized Due to Capital Controls

Posted by Jason P. Wapiennik on

Late last year, we wrote about Chinese nationals taking their cash out of the country by the suitcase. A suitcase full of cash coupled with a failure to report that cash to Customs will result in a seizure. We receive calls frequently from people who have had their cash from China seized by U.S. Customs & Border Protection (CBP).

But why do folks risk getting cash from China seized? Another story in the Wall Street Journal called “In Reversal, Cash Leaks Out of China” from way back in 2012, explains it; capital controls limit how much money can be taken out of the country, which has led to the create of an industry of service providers that help Chinese take cash out of the country, for those who don’t have the courage (or are too smart) to carry it out in a suitcase. For those who want to read more, there is also great article about Chinese capital controls.

Here’s excerpts from the Wall Street Journal article, with my emphasis in bold:

Wealthy Chinese citizens are buying beachfront condos in Cyprus, paying big U.S. tuition bills for their children and stocking up on luxury goods in Singapore, frequently moving cash secretly through a flourishing network of money-transfer agents. Chinese companies, for their part, are making big-ticket foreign acquisitions, buying up natural resources and letting foreign profits accumulate overseas.

[ . . . ]

China officially maintains a closed capital account, meaning it restricts the ability of individuals and businesses to move money across its borders. Chinese individuals aren’t allowed to move more than $50,000 per year out of the country. Chinese companies can exchange yuan for foreign currencies only for approved business purposes, such as paying for imports or approved foreign investments.

In reality, the closed system has become more porous and the rules are routinely ignored. “The wealthy in China have always had an open capital account,” says Eswar Prasad, a Cornell University economist and former International Monetary Fund official.

Zheng Nan recently spent €300,000 ($390,000) on a beachfront condo in Cyprus. At 50 years old, he says he is retired from selling telecommunications gear in China for foreign manufacturers. “My plan is to spend winter there because of the pollution in Beijing,” he says. “And we will be back for summer.”

China’s $50,000-a-year limit on moving capital out presented a problem for him. He says he got around the restriction by recruiting friends to move chunks of his money under their own names. Real-estate agents in China say that is a common practice that is largely tolerated by authorities.

[ . . . ]

A sprawling industry has developed to help Chinese get money out. Services range from the money-transfer agents to private jets that ferry money by customs officials unmolested, according to lawyers and brokers who help Chinese investors find investments abroad. Sometimes bank transfers by companies hide personal money being moved out, these people say. Another method is to piggyback personal cash atop legitimate export and import transactions, at times by using fake invoices, they say. People even carry bags of cash across the border.

Charlie Zhang, an agent in Shenzhen who matches wealthy mainlanders with real-estate investments abroad, says getting money out isn’t a problem.

“We suggest them to other people, some special channel, that can exchange money outside the banks, outside supervision,” Mr. Zhang says. “It’s not hard for people to solve this problem.”

Cyprus has become a popular investment destination for wealthy Chinese. The island nation in the Eastern Mediterranean gives permanent European Union residency to anyone who spends €300,000 on a property.

“People in China are rich,” says Arthur Cheung, a Hong Kong-based immigration consultant who matches Chinese buyers with foreign property sellers, including from Cyprus. “They just buy a passport or permanent residency like a Louis Vuitton bag.”

Source: http://www.wsj.com/news/articles/SB10000872396390443507204578020272862374326

Was your cash from China seized?

The process of getting undeclared currency seized by CBP back is long and complicated; most importantly, legitimate source and intended use must be proven. If you had cash from China seized , 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.

Undeclared Currency Seized by CBP

$5.9M in Undeclared Currency Seized in Texas

Posted by Jason P. Wapiennik on

CBP operates on a fiscal year that runs from October 1 to September 30. For fiscal year 2015, CBP in Laredo Texas field office reported some impressive seizure figures.  Most impressive for our purposes here the amount of undeclared currency seized by CBP Texas — $5.9 million dollars.

This story continues a series of stories we recently published about CBP’s annual currency seizure statistics both nationally, in the souther border states, and in the Detroit field office.

This undeclared currency seized figure, and figures for other seizures by CBP, are in story below:

During FY 2015, CBP officers at eight ports of entry extending from Brownsville to Del Rio that comprise the Laredo Field Office seized 164,418 pounds of narcotics that carried a combined estimated street value of $172 million. This represents a 49 percent increase over the total amount of drugs seized in FY 2014. Specifically, they seized 152,891 pounds of marijuana, up a whopping 54 percent over FY 2014; 5,519 pounds of cocaine; 5,005 pounds of methamphetamine, up 36 percent from FY 2014; 1,003 pounds of heroin, up 31 percent from FY 2014, $5.9 million in undeclared currency, 32 firearms and 7,372 rounds of ammunition.

South Texas CBP officers in FY 2015 determined that a total of  52,809 non-U.S. citizens were inadmissible to the U.S. due to violations of immigration law, a 33 percent increase over FY 2014.

Have you had undeclared currency seized by CBP?

The process of getting undeclared currency seized by CBP back is long and complicated; most importantly, legitimate source and intended use must be proven. If Border Patrol 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.

Picture from incident where Border Patrol seized cash showing a black bag with vacuum sealed items inside

Border Patrol Seized Cash at Checkpoint

Posted by Jason P. Wapiennik on

In this story, Border Patrol seized cash from suspected criminals who were traveling near the I-35 checkpoint in Laredo, Texas. Not only cash was seized, but also a handgun and a lot of marijuana, too. A check point is a place further away from the border than a border-crossing where Border Patrol agents may stop a vehicle for questioning and possible referral for secondary inspection.

Why Border Patrol agents and not Customs officers, specifically? U.S. Customs & Border Protection consists of both Customs officers and Border patrol agents, which are separate offices. Border Patrol agents have authority to operate within the “border zone”, which the area within 100 miles of the U.S. border. You can read more about the 100-mile border zone.

On March 4, 2016, Border Patrol agents from the Laredo Sector Border Patrol thwarted an attempt to smuggle drugs, currency and a weapon at the IH-35 Checkpoint.

Border Patrol agents assigned to the Border Patrol Checkpoint on Interstate Highway 35 encountered a truck at the primary inspection lane.  The driver and passenger were being questioned regarding their immigration status, and were subsequently referred by agents to secondary for further inspection of the vehicle.

While at secondary, agents conducted a thorough inspection of the truck, finding several large duffle bags with bundles inside, a handgun and currency inside the vehicle.  The bundles tested positive for marijuana.  A total of 12 bundles were removed from the vehicle with a total weight of 252.8 pounds and a street value of $202,560.00 USD. The subject was placed under arrest, and the narcotics and subject were turned over to DEA.  The handgun was turned over to ATF.

Has Border Patrol seized cash from you?

The process of getting money back from CBP is long and complicated; most importantly, legitimate source and intended use must be proven. If Border Patrol 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 Seized Cash $95,000 in AZ

Posted by Jason P. Wapiennik on

CBP seized cash from a Mexican heading back into Mexico on March 2. The cash was hidden in a cooler located in the passenger compartment of his vehicle, underneath some food and ice. This is definitely a case of “unreported currency” but, more accurately, it is also likely bulk cash smuggling. CBP seized the cash for presumably failure to report and bulk cash smuggling.

A male Mexican national was arrested Wednesday (March 2) for attempting to smuggle slightly more than $95,000 in unreported U.S. currency into Mexico through the Port of Lukeville.

U.S. Customs and Border Protection officers conducting outbound inspections selected a Chevrolet truck driven by a 45-year-old Mexican national for further inspection. During the search, officers found an ice chest between the front seats concealed compartment containing three packages of U.S. currency hidden beneath ice and food items. The cash was seized. The case have been referred to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations for further investigation.

“This is a collaborative effort by CBP, HSI, and DEA,” said Lukeville Port Director Peter Bachelier. “This formation is a “force-continuum” against the war on drugs and its proceeds. Our strategies are stronger and more accurate than ever.”

Source

The story doesn’t explicitly state that the seized cash was connected to drug trafficking, but in my mind, behind any suspicious movement of cash across the southern border looms the large shadow of the illegal drug trade. CBP seized the cash is investigating the entire situation.

Has CBP seized cash from you?

The process of getting money back from CBP 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.

A chart showing Detroit Customs seized cash from 540 travelers in 2015

Detroit Customs Seized Cash from 540 Travelers in FY 2015

Posted by Jason P. Wapiennik on

Detroit Customs seized cash from 540 travelers in fiscal year 2015 and racked up a second-best-in-the-nation finish for total amount of currency seized of $10,067,095 ($10 million). The full report is here. The

A chart showing Detroit Customs seized cash from 540 travelers in 2015
Fiscal year 2015 enforcement statistics for the Detroit Field Office of CBP showing Detroit CBP seized cash from 540 travelers

total amount of people passing through the ports of administered by the Detroit field office was 15,813,555.

We don’t have exact statistics handy, but according to a 2013 story it seems the $10 million in cash seized from travelers this year is among the best years for Detroit in terms of cash seizures. The impressive figure means that the Detroit office of U.S. Customs & Border Protection seized more cash from travelers than either of Texas, California, New Mexico and Arizona, even though those states are often in the news for high value currency seizures (often connected with the illegal drug trade).

During fiscal year 2015, the Detroit Field Office which includes the Ambassador Bridge, Detroit Windsor Tunnel, the Blue Water Bridge in Port Huron and the International Bridge in Sault. Ste. Marie, processed over 2.3 million commercial trucks, representing 21 percent of all the international truck traffic across land borders into the United States. Canada continues to be the number one trading partner with a total of $101 billion dollars in trade coming through the Detroit Field Office alone.

[ . . . ]

On the enforcement front, the Detroit Field Office had the second highest seizures in unreported currency across the nation with over $10 million seized from travelers who refused to properly report the amount of currency they were carrying. There were 961 arrests, 72 firearms seized and 588 narcotics and drug seizures.

Great work, CBP Detroit!

Has Detroit customs seized cash from you?

If Detroit customs 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.

A picture of nearly $150,000 in cash seized by CBP laid out on a table

Timid Smuggler Has Cash Seized by CBP

Posted by Jason P. Wapiennik on

Here is another story about cash seized by CBP. In this case, the amount seized is almost $150,000. CBP made the seizure after a timid smuggler began acting suspicious.

Noting the suspicious behavior of not crossing the border but retreating to a nearby parking lot, CBP sent HSI agents pursued the vehicle and escorted it back to the border where an examination found vacuum sealed packages containing the cash. Of course, the cash was seized by CBP. Most likely under the bulk cash smuggling law.

U.S. Customs and Border Protection officers working at the Presidio port of entry seized $138,209 Wednesday afternoon. The money was discovered hidden in the dash area of a pick-up truck.

At approximately 12 p.m. CBP officers were conducting a southbound inspection operation at the Presidio crossing when a 2004 Ford F-150 pick-up driven by a male was observed approaching the southbound inspection area. The vehicle stopped, immediately turned around and pulled into a parking lot in front of the inspection area. After a few minutes the vehicle pulled out of the parking lot driving away from the port of entry. Homeland security investigation agents were immediately notified. The agents intercepted the vehicle at a local convenience store parking lot. The vehicle was escorted back to the port where an intensive inspection resulted in the discovery of six vacuum sealed packages containing U.S. currency.

CBP officers seized the money and vehicle and turned the driver [ . . . ] over to U.S. Immigration and Customs Enforcement HSI special agents in connection with the failed smuggling attempt.

Have you had cash seized by CBP?

If you’ve had cash seized by CBP you can learn more about the process from our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Over $200,000 in cash laid out for presentation on a wooden table as part of the money seizure in Texas by CBP.

$200k Money Seizure in Texas by CBP

Posted by Jason P. Wapiennik on

There was a money seizure in Texas by CBP (U.S. Customs & Border Protection) of more than $200,000,

Over $200,000 in cash laid out for presentation on a wooden table as part of the money seizure in Texas by CBP.
CBP officers seized over $200,000 in cash in Eagle Pass, Texas

reported last week. The cash was hidden in the body panels of the vehicle, where it was found by officers when Texas CBP was conducting outbound money seizure inspections. That is classic bulk cash smuggling.

Most of our client’s are not criminally charged as seems to have happened here, but only face civil forfeiture for failure to report, bulk cash smuggling, or structuring. In this case, even if the seized money came from a legitimate source and had a legitimate intended use, it will probably all be forfeited because of the money was concealed. Even in cases where legitimate source and intended use are proven, the money can still be permanently lost because hiding the money from CBP so as to avoid reporting it is a serious crime.

Here’s the Texas CBP money seizure story:

U.S. Customs and Border Protection officers at the Eagle Pass Port of Entry seized a large amount of undeclared U.S. currency recently.

Shortly before 8 p.m., Jan. 22, CBP officers at Eagle Pass Bridge I inspected a southbound 2009 Pontiac G5 before it departed the United States bound for Mexico. Upon inspection, officers found several bundles of cash hidden in a body panel of the vehicle. Officers seized a total of $207,383.

The driver, a 37-year-old man from Humble, was turned over to Homeland Security Investigations for federal prosecution.

Had a money seizure in Texas by CBP?

If Customs and Border Protection seized money from you, you can learn more from our trusted legal road-map of a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.