Tag: customs lawyer

$830K Seized for Bulk Cash Smuggling

Posted by Jason P. Wapiennik on November 3, 2015

When is a 2010 Dodge Journey worth almost a million dollars? When there is $830,000 dollars hidden in the dashboard.

CBP has broad search authority. In fact, not only do they have largely unfettered discretion to search at the border (not only land borders but airports), but they also have broad search authority at the “functional equivalent” of the border. The current state of the law in this area means that, among other things, CBP may pull over cars within 100 miles of the border and question those inside if they have reasonable suspicion of unlawful activity. If you want to learn more, read this nice summary of the law.

This 100-mile border search authority is the context for the following news release:

TEMECULA, Calif.—U.S. Border Patrol agents arrested a man Tuesday who had hidden large quantities of cash behind his SUV’s dashboard.

The incident occurred at approximately 2 p.m. when agents patrolling Interstate 15 stopped a 2010 Dodge Journey. The 54-year old Mexican national driver was unable to answer routine questions consistently.

A K-9 sniff of the man’s vehicle resulted in a positive alert, agents then brought the vehicle to the I-15 checkpoint to conduct a more thorough search. At the checkpoint, agents put the vehicle on a lift and discovered a hidden compartment behind the dashboard. The compartment contained 61 bundles of cash.

In total, the bundles contained $830,060 in U.S. currency. The man was arrested and charged with bulk cash smuggling.

If you have had currency seized from Customs do not try to respond yourself but hire our firm, because we know what we are doing and have successfully handled many cases like yours. If you have questions, please give us a call at (734) 855-4999. 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:

Tuition Money Seized by Customs

Posted by Jason P. Wapiennik on August 18, 2015

Customs seizure of tuition money is a common occurrence in the weeks prior to the start of either semester of the school year. Like all customs currency seizures, the seizure typically happens because of a failure to file a currency report by people transporting money into the United States of amounts over $10,000.

Lots of foreign students come to the United States and pay their tuition in cash as most colleges won’t accept tuition payments by credit card. Likewise, many foreign exchange students and children of immigrants get a lot of cash assistance from family overseas who understand their duty to pay for their children’s education; it may be a lump $15,000 sum from a parent or grandparent, or a few hundred or thousand dollars from several different relatives or benefactors.

Customs can easily identify someone on student visa, who is relatively young, and is arriving from China, India or Korea; we previously wrote about how customs can “target” currency reporting enforcement based on just these types of criteria. This makes it very easy for them to target students who will then be required to give an accurate report of currency down to the dollar, and if they don’t to seize their cash. The only thing higher than the cost of education is the cost of not accurately reporting money over $10,000 to customs.

What to do when Customs seizes your tuition money?

Don’t let customs seize cash. Traveling with cash? Claim monetary instruments exceeding $10,000 USD!

Take the advice we have already given for responding to a customs money seizure by reading our popular article on the topic: Responding to a Customs Currency Seizure. Currency seizure cases are handled the same whether the money that was seized by customs was intended to be used to pay for college tuition or, for example, for travel expenses. As long as the use of the money is legitimate (and tuition is a legitimate use) and the source of the money is legitimate, with the right legal help you have a good chance of getting your seized tuition money back. If you want to know what a petition to get seized money back from customs looks like, read our article here.

Will I get the money in time to pay my tuition?

It really depends on a variety of circumstances, as we talked about in our popular article on the topic: How long does it take Customs to decide a petition for a currency/monetary instrument seizure? In every case, hiring the right attorney to handle your case can speed up the process, from getting the notice of seizure issued, to gathering evidence (obtaining supporting documents, preparing affidavits and giving customs everything they need without waiting for them to request additional documents), researching and drafting the legal basis for the obtaining a return of the seized currency in the petition, and ultimately, if successful, getting the money returned without delay, often by direct deposit. We work hard at Great Lakes Customs Law to get your seized currency returned back to you in a timely manner by doing the job right the first time.

How can I find out more or hire a law firm to help with my customs currency seizure?

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, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

CBP Makes Whopping $478k Cash Seizure

Posted by Jason P. Wapiennik on August 4, 2015

In another classic “bulk cash smuggling” offense, CBP officers in at the southern border seized nearly $500,000 in secreted away in a pick-up truck driven by a U.S. citizen from Texas. The incident resulted an arrest. Although you wouldn’t know it from the news release, this is more than just a “failure to report” or “failure to declare” currency. This is bulk cash smuggling. Bulk cash smuggling makes it much more likely that you will NOT get the money back even if you can show that there was a legitimate source and intended use.

The story follows (original HERE):

“This is one of the larger seizures of undeclared currency we have seen in recent memory and is reflective of a robust enforcement posture and an effective application of the skill and training of our frontline officers,” said Port Director Joseph Misenhelter, Laredo Port of Entry.

The seizure occured on July 27 at Lincoln-Juarez Bridge when CBP officers and agents conducting outbound examinations referred a 2010 Dodge Ram pickup truck driven by a 43-year-old male U.S. citizen from Laredo, Texas for a secondary examination. During the examination, CBP officers discovered bundles containing $481,711 in undeclared currency hidden within the vehicle.

CBP officers seized the currency, arrested the driver and turned him over to Homeland Security Investigations special agents for further investigation.

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the U.S. However if the quantity is $10,000 or higher they must formally report the currency to CBP. 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.

If you have had cash seized by customs and are contemplating what to do next then use the information available on this website and 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:

Detroit CBP: “Don’t Lose your Dough, Know Before You Go” – $8M and Counting

Posted by Jason P. Wapiennik on July 14, 2015

Detroit CBP seizes a lot of currency from arriving travelers for failure to report, structuring, or bulk cash smuggling offenses. How much is “a lot”? CBP in Detroit has seized nearly $8 million dollars in currency since October 1, 2014. This seems like more than previous years (reported here). While the following news release, cleverly titled “Don’t lose your dough, know before you go” only explicitly deals with failure to report customs currency seizure violations, it very likely includes structuring and bulk cash smuggling offenses as part of this grand total:

DETROIT— So far during fiscal year (FY) 2015, U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO) has seized over $7,900,000 in unreported currency at ports of entry within the Detroit Field Office.

The transport of any currency and/or monetary instruments (i.e. cashier’s checks) over $10,000 must be reported to a CBP Officer upon arrival into or exiting the United States. Penalties can range from civil fines up to and including seizure of the currency and arrest.

“There is no limit as to how much currency travelers can import or export; however to avoid subjecting the money to seizure, it’s always best to report it and file the proper paperwork” said Christopher Perry, Director of Field Operations for the Detroit Field Office.

Currency and reporting laws were enacted to thwart bulk cash smuggling of drug trafficking organizations, terrorist finance networks and other criminal activities.

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 Counterfeit Watches with $2.7M MSRP

Posted by Jason P. Wapiennik on June 30, 2015

Customs reported a seizure of over 11,000 counterfeit watches which, if real, would have a manufacturer’s suggest retail price of $2,791,250. The same law that permits Customs to seize the counterfeit watches also allows CBP to impose a penalty of up to the MSRP value of the counterfeit watches. In this case, that means the importer of these watches will be subject to a penalty of nearly $2.8 million dollars.

MIAMI – U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) officers with the Miami Seaport Trade Enforcement Team (TET) seized 11,165 counterfeit watches with an MSRP value of $2,791,250.

CBP seized 11,165 counterfeit watches with an MSRP value of $2,791,250.

The watches were being shipped from China and destined for Florida. CBP OFO officers discovered the watches in 123 cartons arriving in a shipment from China.

CBP OFO officers with the Trade Enforcement Team (TET) suspected the watches were counterfeit as the items did not appear to be of the quality consistent with the watches that are normally manufactured by the trademark holder.

Samples were submitted to CBP Import Specialists for review and determined to be counterfeit.

“Counterfeiters are becoming increasingly sophisticated in their efforts and CBP OFO officers here at the Miami Seaport take great pride in protecting Americans from low quality and unsafe products,” said Miami Seaport Port Director Diane Sabatino. “Our CBP officers consistently demonstrate their exceptional skills at identifying counterfeit goods and work well with CBP Import Specialists to protect consumers and ensure these products do not enter the commerce of the United States.”

You might be facing penalties from customs for importing counterfeit merchandise. We can help. Typically, we recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full.

Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, 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 petitions for customs penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

Customs Currency Seizure of $100k

Posted by Jason P. Wapiennik on June 25, 2015

U.S. Customs seized over $100,000 from some Mexican nationals leaving the United States. This is a different scenario from the usual airport currency seizure case we handle. In this instance, it appears that the people transporting (smuggling) the money are facing criminal prosecution because their names are being used.

The full story is here, but is excerpted below:

Two Mexican nationals were arrested on Tuesday for failing to report more than $100,000 in U.S. currency when they attempted to drive into Mexico through the Port of Douglas.

U.S. Customs and Border Protection officers conducting outbound inspections selected a Chevrolet truck, driven by Dennis Armando Brown-Lopez, 43, for further inspection when he and Maria Delia Barrientos-Romero, 45, both of Agua Prieta, Sonora, Mexico, attempted to cross into Mexico.

After officers discovered the currency hidden with the truck, they processed the vehicle and currency for seizure, and referred Brown and Barrientos to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

If you have had your currency seized, please 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:

Over $265,000 Seized by Customs at Brownsville

Posted by Jason P. Wapiennik on June 23, 2015

Currency seizures by U.S. Customs & Border Protection come in all sizes and every different set of circumstances imaginable. The vast majority of our clients have their currency seized when they are arriving or departing the United States at an airport by Customs for an alleged failure to report, bulk cash smuggling, or for structuring violations.

They say everything is bigger in Texas, and that also goes for currency seizures. Here in Michigan, we share a very larger border with Canada, but Canada does not have the same reputation as Mexico. So you can imagine the reasons people are transporting more than $10,000 between the United States and Mexico.

Here is one of the those stories that recently hit the news that involves seizure of $267,617 in two separate incidents. The first seizure was effect on a 74 year old man for $217,617, and the second was a 21 year old man with $50,000.

74-year-old male United States citizen from San Benito, Texas, was referred to secondary inspection, officers detected packages, which later resulted being unreported U.S. currency hidden within the vehicle.

On June 12 CBP officers working at the Brownsville and Matamoros International Bridge came in contact with a green 1999 Dodge Caravan as it attempted to make entry into the United States from Mexico. The driver, a 74-year-old male United States citizen from San Benito, Texas, was referred to secondary for further inspection. During the inspection and with the use of a vehicle non-intrusive imaging system, officers detected packages, which later resulted being unreported U.S. currency hidden within the vehicle. Officers removed and seized multiple packages of bulk U.S. currency totaling $217,617.

On June 13 CBP officers working outbound operations at the Brownsville and Matamoros International Bridge came in contact with a brown 1999 Chevy Tahoe as it attempted to exit the United States into Mexico. Officers referred the driver, a 21-year-old male United States citizen residing in Matamoros, Mexico for further secondary inspection. During the examination, CBP officers discovered five packages of bulk U.S. currency hidden within the vehicle, totaling $50,000.

CBP to Help U.S. Exporters Resolve Tariff Disputes with Foreign Governments

Posted by Jason P. Wapiennik on June 18, 2015

A very long but worthy read appears in today’s Federal Register. It is a new opportunity from U.S. Customs & Border Protection to make U.S. products more competitive overseas. Essentially, if you are a U.S. exporter whose exports are being incorrectly classified or valued by a foreign government, you now have recourse to the CBP who will, if they agree with your position, work through the appropriate channels to achieve a resolution. Here is the most relevant text from the notice:

Inquiries Concerning Tariff Classification or Customs Valuation by 
Other Customs Administrations Affecting U.S. Exports

    By publication of this notice, U.S. Customs and Border Protection 
emphasizes that opportunities exist to strengthen communication and 
coordination between industry, CBP, other customs administrations, and 
the WCO to advance the shared goal of facilitating international trade. 
Greater collaboration with industry promotes improved technical 
understanding among contracting parties and helps to foster uniformity 
in the interpretation and application of the HS Convention and WTO 
Valuation Agreement.
    On matters involving non-uniform tariff classification or customs 
valuation treatment by other customs administrations, individual 
parties or firms do not have standing to initiate dispute settlement 
procedures or consultations under the HS Convention or the WTO 
Valuation Agreement. Consequently, for a U.S. individual or firm to 
raise a tariff classification or customs valuation dispute, that party 
must file an inquiry or complaint with the U.S. government and provide, 
or assist in the collection of, any information relating to the matter 
which may be required.
    Accordingly, CBP hereby invites U.S. exporters to file with CBP 
requests for assistance in resolving any tariff classification or 
customs valuation treatment by other customs administrations affecting 
U.S. exports.Of course, as a threshold technical matter, in order to provide the 
requested assistance, CBP must agree with the position of the exporter 
with regard to the specific matter brought to CBP's attention.
    CBP will endeavor to provide an initial response to such requests 
within 60 days of their receipt. Thereafter, in cooperation with the 
appropriate agencies, CBP will consider the appropriate course of 
action, including but not limited to the initiation of consultations or 
dispute settlement at meetings of the HSC or TCCV at the WCO. The 
inquirer or complainant will be informed of the progress achieved in 
resolving the matter. Requests for assistance on tariff classification 
or customs valuation treatment by other customs administrations 
affecting U.S. exports should be addressed to U.S. Customs and Border 
Protection, Office of International Trade, Regulations & Rulings, 
Attention: Commercial and Trade Facilitation Division, 90 K St. NE., 
10th Floor, Washington, DC 20229-1177.

Confidentiality

    Information submitted by U.S. exporters concerning requests for 
assistance may, in some instances, include confidential commercial or 
financial information, the disclosure of which could result in 
competitive harm to the business submitter. Such information is, 
generally, protected under the provisions of the Freedom of Information 
Act (5 U.S.C. 552) (FOIA), the Privacy Act (5 U.S.C. 552a), and the 
Trade Secrets Act (18 U.S.C. 1905). If confidential treatment is 
requested, submitters should specifically designate the information it 
considers confidential. Such requests will be handled in accordance 
with CBP Regulations (19 CFR 103.35) regarding the protection of such 
information.

If you need help classifying your exports and want the assistance of CBP, you should contact our office by e-mail or call (734) 855-4999. We are experienced in adressing specific concerns of clients before federal angencies, congressional committees, and classifying products in the HTSUS. You can also make use of our other articles, such as:

US CBP Seizes $10.6M Cash in Caribbean in FY 2014

Posted by Jason P. Wapiennik on March 24, 2015

Last year, U.S. Customs & Border Protection — CBP — in Puerto Rico and the U.S. Virgin Islands seized $10.6 million dollars in unreported currency, smuggled bulk cash, or unlawful currency structuring violations. Last year I called that an overwhelming amount of seized currency.

Most of these customs currency seizures occur at airports, ferry crossings, etc. CBP for Puerto Rico and the U.S. Virgin Islands reported their annual fiscal year statistics for 2014 and this currency seizure number has more than doubled. That is more than overwhelming, it is tremendous… the story also compares currency seizures with those in California, Texas, New Mexico, and Arizona. All areas in which drug smuggling is pervasive.

In Puerto Rico and the U.S. Virgin Islands, CBP officers and agents seized over 51,043 pounds of narcotics with an estimated street value of approximately 650 million and seized approximately $10.6 million in unreported currency in FY 2014, which runs from October 1, 2013 to September 30, 2014.

But later the story says:

Furthermore, $8.4 million of currency interdictions were reported and over 80 firearms were seized.

$8.4M or $10.6M? Who’s counting over there?! And this is the same government that seizes currency for any mis-report who can’t get their facts straight for their news releases.

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:

U.S. Customs Seizes $17k Cash at Dulles Airport

Posted by Jason P. Wapiennik on March 19, 2015

U.S. Customs and Border Protection (CBP) seized more than $17,000 from a woman returned to the United States from the United Arab Emirates last week at at Washington Dulles International Airport. She only declared $9,000 but was in possession of more than $17,000, making all of the money subject to seizure. The original here, excerpt below:

The woman arrived on a flight from the United Arab Emirates and stated she was in possession of $9,000. She was referred for a secondary inspection where she repeatedly declared possessing $9,000. During a baggage examination, a CBP officer found a total of $17,575. CBP officers seized the $17,575, returning $1,000 to the traveler for humanitarian relief, and advised her how to petition for the return of the rest of the currency. [Note: read our tips and see a sample petition for remission here)

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.

“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges,” said Wayne Biondi, CBP Area Port Director for the Port of Washington Dulles. “The traveler was given the opportunity to truthfully report her currency. The easiest way to hold on to your money is to report it.”

The Privacy Act prohibits releasing the traveler’s name since she was not criminally charged.

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: