Tag: customs lawyer

Filing a Petition for Seized Currency (with Sample and Tips) with CBP

Posted by Jason P. Wapiennik on February 19, 2015

If you are attempting to get your seized currency back from Customs by filing a petition for remission there are several legal requirements written into the Customs laws and regulations. Some do-it-yourselfers come to our customs law firm’s website looking for a sample currency seizure petition they can use to submit to Customs. Customs publishes its own set of forms for use in a wide variety of different customs enforcement/forfeiture contexts; for petitions there is a form called Petition for Remission or Mitigation of Forfeitures and Penalties Incurred (Customs Form 4609 (click to access)). The form is extremely basic and we do not recommended it for use in the context of a customs money seizure. It can be used as a starting point, though, because any petition must have at least the information from that form.

But any good petition for seized currency should have a lot more information to be effective. When we file a petition on behalf of our currency seizure clients they are at least 10 pages long because petitioning for the return of seized currency is a serious legal issue (read more about it here). Many people think it’s easy and sometimes Customs will lead you to believe it is. But why would you believe the people who just took your money? Here’s some of the questions that you should ask yourself before doing it yourself. Any lawyer you hire to help get your seized currency back should be able to answer these questions.

15 Questions to Ask Before Filing a Petition for Remission of Seized Currency with U.S. Customs:

Was the search of your baggage or person constitutional?
Was the currency seizure constitutional?
Who has the burden of proof?
What is the standard of proof that must be met by the party with the burden of proof?
Does the currency seizure constitute an excessive fine in violation of the constitution?
How do the federal courts in your state/circuit interpret the currency reporting requirement?
Did you violate the currency reporting requirement?
Are you admitting you violated the law? Are you saying too much? Are you not saying enough?
Are you admitting other violations of laws you are unaware of? (unlawful currency structuring, bulk cash smuggling, conspiracy, FCPA violations (bribes), or false statement to law enforcement, among others)
Did you bring the money from a country under economic sanctions, like Iran? If so, did you violate those sanctions or are you unintentionally admitting you violated those sanctions?
Were there any recognized mitigating factors or aggravating factors?
Are there mitigating factors that Customs has authority to recognize even though not in a written policy?
Did you make an oral amendment of your declaration the Customs did not honor?
Are documents properly notarized?
Are documents properly translated?

If your money was seized by CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). Our customs law firm handles currency/money seizures made by customs in Detroit and around the country. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, San Francisco, and Orlando.

Please read these other articles about money seizures by customs:

CBP Currency Seizure for Preclearance is Nassau

Posted by Jason P. Wapiennik on February 13, 2015

The on-going trickle of news releases from Customs regarding the annual totals of currency seizures continues. Here is a report, also quoted below, that the U.S. Customs pre-clearance center in Nassau, Bahamas, leads all other pre-clearance centers in currency seizures.

I also expect a slight up-tick in currency seizures with the the upcoming February 19 lunar new year and the traditional gifting of lucky money in red envelopes through China, Vietnam, and other parts of Asia. Customs can target their enforcement actions. If your lucky money is seized by CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here).

On to the story:

NASSAU, Bahamas—U.S. Customs and Border Protection officers at the Nassau Preclearance facility seized approximately $845,000 in unreported currency from passengers traveling to the United States from the Bahamas in fiscal year 2014.

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. If travelers have someone else carry the currency or monetary instrument for them, they must file a currency report for the entire amount with CBP. Failure to report may result in seizure of the currency and/or arrest.

“We are very proud of our officers’ attention to detail and hard work that resulted in a significant total seizure amount in 2014,” said Robert Allen Smith, area port director for CBP Nassau Preclearance. “CBP’s goal is compliance with the currency reporting requirements, and the easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer.”

CBP Preclearance operations allow for advance inspection of passengers and special coordination with law enforcement upon arrival in the United States. Through preclearance, the same immigration, customs, and agriculture inspections of international air passengers performed on arrival in the United States are instead completed before departure at foreign airports. Currently, preclearance operations exist at 15 foreign airports in six different countries, benefitting air passengers, airports, and air carriers, in the United States and abroad.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, San Francisco, and Orlando.

Please read these other articles about money seizures by customs:

Seizure of $325,000 Smuggled leaving Puerto Rico

Posted by Jason P. Wapiennik on February 4, 2015

As picked up by the Associated Press, Customs seized over $325,000 in cash after finding it hidden inside a TV and two refrigerators (i.e., in other words, if done with intent to evade the currency report requirements, smuggled) on its export from Puerto Rico to the Dominican Republic. What the story does say is that anybody was arrested. But that an investigation is continuing, and as explained, the government typically has 5 years to bring criminal charges for currency reporting violations/seizures.

To me, this doesn’t necessarily sound like the money was connected to unlawful activity; a toy gun, some appliances, and… well, that’s really it. There was an alert by a K-9 to the presence of narcotics in some of the currency, but that alone doesn’t prove much. The presence of drugs on currency is widely acknowledged and does not necessarily mean the owners of the currency had any involvement with the drugs themselves, other than innocently owning some dirty money.

The CBP news release contains the most details:

U.S. Customs and Border Protection (CBP) officers stopped an illegal exportation of currency when officers searched an outbound container booked on the M/V Caribbean Fantasy Ferry destined to the Dominican Republic.

On January 27, CBP officers performed a physical inspection of all cargo inside a container destined to the Dominican Republic as part of outbound screening operations. Utilizing high tech equipment, CBP officers discovered a smuggling attempt of approximately $185,500 hidden in several items, including two refrigerators and a 32” Television set. They also found a Replica Pistol that fires blanks.

In the same container, a CBP canine alerted to the presence of narcotics on a box of personal effects and household goods. Physical inspection revealed several packages of currency wrapped in carbon paper, summing $139,980 US dollars.

In total, approximately $325,480 was seized. “This is a significant money seizure,” said San Juan Area Port Director Juan Hurtado. “The currency seized represents more than just money lost by drug trafficking organizations. These revenues are what supply the weapons and other means these organizations use for their illicit activities”.

CBP officers seized the hidden contraband and Homeland Security Investigation agents will continue the investigation. Local and federal law enforcement authorities in Puerto Rico will continue to work together to disrupt criminal activity in the island.

If I were the owner of this container, I would contact a customs lawyer immediately. Great Lakes Customs Law handles currency/money seizures made by customs in Detroit and around the country. If CBP seized cash from 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 Seizes Total of $37K in Money at Airport

Posted by Jason P. Wapiennik on January 20, 2015

U.S. Customs and Border Protection (“CBP”) at Dulles airport has once again demonstrated its money-seizing prowess in a news release about yet another customs airport money seizures . In the story, Customs seized money totaling approximately $37,000 from two different sets of people. If you have questions about customs money seizures, get a free currency seizure consultation and read up about the process with our customs money seizure legal guide.

The story itself showcases how irrational a person can be when panicked, which like almost all law enforcement encounters, tips of the scales in favor of law enforcement. When confronting a uniformed customs agent otherwise rational people will do irrational things, such as denying possessing more than $10,000 in writing, verbally reporting more than $10,050, and then seconds later willingly handing over more than $22,000; or reporting $6,000 and then turning over 6 envelopes containing $15,215. It’s not at all uncommon, and most of my clients will tell me that they just panicked and can’t explain why they did what they did.

Let’s have a look at this story from CBP at Dulles Airport now:

STERLING, Va., — U.S. Customs and Border Protection (CBP) officers seized about $37,000 in unreported currency from two groups of travelers Thursday at Washington Dulles International Airport for violating federal currency reporting regulations.

Two men from China arrived from Beijing and answered “no” on a CBP Declaration form that they possessed currency of $10,000 or more. After questioning, the travelers then verbally reported to a CBP officer that they had more than $10,000.The men completed a U.S. Treasury Department form reporting $10,000 in U.S dollars and $50 in Chinese Yen. During a baggage examination, the men handed a CBP officer two envelopes and a wallet that contained a total of $22,238.

In a second seizure, CBP officers stopped a Northern Virginia couple boarding an outbound international flight. The couple reported verbally and in writing that they possessed a total of $6,000. During the examination, the couple produced six stacks of currency separately concealed on their bodies and in a purse. The total amount of currency equaled $15,215 in U.S dollars. CBP released $215 to the couple for humanitarian purposes, and seized the rest.

None of the four was criminally charged. CBP released them to continue their trips.

There is no limit to how much currency travelers may bring to, or take from the U.S. 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.

“U.S. Customs and Border Protection officers presented these travelers multiple opportunities to report all of the currency they had in their possession. It’s the law. Hopefully, this is a lesson to all travelers that the easiest way to hold on to their currency is to truthfully report it to a CBP officer,” said Wayne Biondi, CBP Area Port Director for the Port of Washington Dulles.

These folks were not arrested by CBP at Dulles airport, but of course the government has 5 years to criminally charge them. Our customs law firm handles currency/money seizures made by customs in Detroit and around the country.

You can educate yourself using our trusted “customs money seizure legal guide” to understand what to do if CBP at Dulles airport seized cash from you and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Cash Seized by U.S. Customs and Arrest for Bulk Cash Smuggling

Posted by Jason P. Wapiennik on January 13, 2015

U.S. Customs reports on a recent customs bulk cash smuggling seizure from a Mexican national attempting to leave the United States. The money was seized and he is being criminally charged. The total amount seized from this individual was $37,181. In order to prevail on criminal bulk cash smuggling charges government must prove, beyond a reasonable doubt, the cash seized by customs was concealed in the vehicle for the purposes of evading the reporting requirement. That’s the essence of the crime of bulk cash smuggling.

Even though the currency was also seized as being involved in a bulk cash smuggling offense, there is a possibility to recover some of the money. To put it somewhat simply, first, he will need to establish that the seized cash came from a legitimate source and had a legitimate intended use. Then, the seized cash can be returned to the extent that seizure is unconstitutional: in other words, that seizure is a violation of the excessive fines clause of the U.S Constitution.

Let’s have a look at the story:

EAGLE PASS, Texas – Federal authorities at the Eagle Pass of Entry arrested a Mexican national Jan. 7, after finding a large amount of undeclared currency in his vehicle as he attempted to leave the country.

“Large amounts of currency may be imported and exported with the proper documentation,” said John Brandt, 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.”

Around 3 p.m. Jan. 7, CBP officers at Eagle Pass International Bridge I, inspected a 2014 Volkswagen GLI as is departed the United States bound for Mexico. During inspection, officers discovered a total of $36,645 in U.S. currency and 7,890 Mexican pesos ($536.37 U.S.) in various locations throughout the vehicle and in the driver’s possession. Officers recovered currency totaling $37,181.

The driver, a 25-year-old Sabinas, Coahuila, Mexico man, was turned over to Homeland Security Investigations for federal prosecution on a charge of 31 U.S. Code § 5332 – bulk cash smuggling into or out of the United States.

The Office of Field Operations is the primary organization within U.S. Customs and Border Protection 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.

You can read our popular page on Responding to a Customs Money Seizure HERE. Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today. If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). 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 about money seizures by customs:

$24,000 Seized by Customs at Amtrak Station

Posted by Jason P. Wapiennik on January 8, 2015

U.S. Customs reports on a recent customs money seizure from a mother and son entering the United States from Montreal via train. At entry, she reported recently traveling to Cuba and being in possession of $5,000 each. Turns out they actually had $24,000 total. And thus the money was seized by customs. Now the headline of the story says they were arrested but that detail is not in the story itself, just that the case is currently under investigation (the government has 5 years to criminally charge them). Let’s have a look at this story now (You can read our popular page on Responding to a Customs Money Seizure HERE):

ROUSES POINT, N.Y. –U.S. Customs and Border Protection officers from the Champlain Port of Entry working at the Rouses Point Amtrak station seized more than $24,000 in unreported US currency.

“A person can travel with any amount of currency they wish, there is no limit” said Paul Mongillo, CBP Port Director for the Port of Champlain. “The requirement is to declare amounts exceeding $10,000. This requirement is for currency entering and leaving the U.S.”

On January 4, CBP officers inspecting the Amtrak train from Montreal destined for New York City encountered an individual claiming recent travel to Cuba. The traveler provided a CBP declaration form and stated that she and her son each possessed$5,000 in U.S. currency. During a secondary inspection, multiple envelopes were discovered containing U.S. currency totaling more than $24,000. The traveler later admitted to possession of the unreported currency.

The currency was seized and the case is currently under investigation.

Travelers can avoid seizure by declaring currency amounts exceeding $10,000. International travelers carrying more than $10,000 into or out of the U.S. must report the amount they are transporting or risk seizure of the currency.

Travelers can make currency declarations by completing FinCEN Form 105 and giving it to a CBP officer. Currency is not limited to U.S. dollars and coins but all negotiable monetary instruments including traveler’s checks, money orders and securities. A complete list of negotiable monetary instruments is available on FinCEN Form 105.

This is the first story I’ve related on our customs law blog that involves a money seizure when the border was crossed by train, but of course customs can seize money when entered into the United States by any means, whether by train, bus, car, plane, or boat. I’m also not sure why the reference to a recent trip to Cuba was mentioned unless the traveler’s are U.S. Citizens and are prohibited from traveling to Cuba and that somehow raised suspcions.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today. If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). 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 about money seizures by customs:

Statute of Limitations for Currency Reporting Violations

Posted by Jason P. Wapiennik on December 31, 2014

This is an article about the statute of limitations for currency reporting violations (failure to report monetary instruments over $10,000, bulk cash smuggling, and structuring); in other words, how soon after an offense is committed (or when the currency is seized) that the government must bring criminal charges against you before they are prevented by the statute of limitations. If you want to skip to that part and don’t want to learn some fascinating facts about the most intact T-Rex skeleton ever found, and how one of its discoverers was pursued by the government for allegedly failing to report a currency and monetary instruments over $10,000, scroll down to the next heading.

Currency Reporting Violations and Sue the Dinosaur

Like a lot of grown men, I was fascinated with dinosaurs as a kid. So those kind of headlines still catch my eye. The other day I came across this CNN story — a saga really — about the discovery of the “most intact T-rex skeleton ever found” back in 1990 (“Sue“). To sum things up, shortly after the fossil was discovered FBI agents, accompanied by the national guard, seized the fossil because it was, they alleged, on Indian Trust land (read: under Federal government jurisdiction). The

ownership of the dinosaur, and allegations that the people involved with the discovery had stolen and sold dinosaur fossils found on public land, were in the courts for years.

But as I read the story, I was intrigued to read that one of the people responsible for the discovery of the dinosaur “served 18 months in federal prison for customs violations” unrelated to the dinosaur discovery. I thought it must have had something to do with the importation of dinosaur fossils like happened in Detroit a few years ago, which I blogged about. But not so. Looking into the matter further, I discovered this 1996 article from the New York Times that explains the customs violations were for failing to report the transport of more than $10,000 into or out of the United States:

…Mr. Larsen was convicted of two felonies — failure to report to American customs officials $31,700 in travelers checks he had brought from Japan, and failure to report $15,000 in cash he took to Peru.

Oops! The story basically says that, of 153 charges in a 39 count indictment brought against him by the Federal government, these currency reporting violations and some misdemeanors related to the sale of fossils valued at less than $100 is what stuck. In the context of the fiasco about the dinsoaur bones, winding up getting criminally charged with failure to report currency being transported in excess of $10,000 seems kind of ridiculous, doesn’t it?

What’s the statute of limitations of currency reporting violations?

This story was just the occasion for me write about the statute of limitations for currency reporting violations (failure to report, bulk cash smuggling, and unlawful structuring that often result in currency seizures). The statute of limitations for currency reporting violations under 31 USC §§ 5316, 5324 and 5332 is found in 18 USC § 3282(a), which states:

Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.

That means once the event giving rise to the violation has occurred, the government has 5 years from that date to bring criminal charges against you.

My customs currency seizure clients often want to know: is failing to report currency a crime? Yes, it is, and it is punishable by a fine of $250,000 to $500,000 and 5 to 10 years in jail. But I also tell them that if they were not arrested at the time the currency was seized, and the U.S. Attorney was notified and declined to prosecute you, they probably will not face criminal charges.

But just because you weren’t arrested and charged immediately still means it could happen up to 5 years later.

Keep Calm and Declare Monetary Instruments Exceeding $10,000 USD

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 Seized an Average of $650k from Travelers Each Day in 2014

Posted by Jason P. Wapiennik on December 26, 2014

U.S. Customs & Border Protection released its annual Border Security Report which you can read in full HERE (pdf). With respect to customs money seizures for failure to report amounts over $10,000 (or, bulk cash smuggling, or structuring), the numbers are staggering. The report states that “the agency seized more than $237 million in unreported currency through targeted enforcement operations.” That’s an average of almost $650,000 per day. It breaks down the number for four southwest states:

Arizona = $3,475,523
Texas = $7,732,830
New Mexico = $969,830
California = $12,908,976

Detroit and other Midwestern ports should be publishing their numbers soon. If you have had money seized by customs call our office at (734) 855-4999 or CONTACT US BY CLICKING HERE to speak to a customs lawyer. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, and Philadelphia.

Having an attorney is especially important if more than one person was travelling and the seizure was of cash, there are allegations of smuggling, or structuring, or if you experienced a lengthy detention or questioning at the time of seizure. We handle this and many other types of cases, which we publish the results of here. Read our popular article on responding to a currency seizure by clicking HERE.

Please read these other articles about money seizures by customs:

CBP Reminds Public About Currency Reporting Requirement

Posted by Jason P. Wapiennik on December 23, 2014

In the past month we have reported on two violations of the currency reporting requirements that resulted in seizure of money by U.S. Customs & Border Protection at the CBP pre-clearance station in Nassau, Bahamas. Those stories are HERE and HERE. Now we have a “reminder” about the “Currency Reporting Requirement” from that same pre-clearance station, which is excerpted below.

If you have had money seized by customs call our office at (734) 855-4999 or CONTACT US BY CLICKING HERE to speak to a customs lawyer. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, and Philadelphia. cbp money seizure

NASSAU, Bahamas—U.S. Customs and Border Protection reminds travelers of the requirement to report currency amounts of $10,000 or more to CBP when traveling to or from the United States.

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 (note: like the money seizure story HERE). If travelers have someone else carry the currency or monetary instrument for them, they must file a currency report for the entire amount with (note: like the structuring story HERE). Failure to report may result in seizure of the currency and/or arrest.

“The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer,” said Robert Allen Smith, area port director for Nassau Preclearance.

There’s a lot of great reasons why you should hire our firm, but one of them is that we know the law: you may not know the law, and oftentimes, as this article shows, customs does not know the law. Annoyingly, this CBP news release, like many, gets the law wrong. 31 USC 5316(a)(1), the law that gives CBP the authority to seize money and monetary instruments which are not reported, clearly says that a report is required if only if “more than $10,000” is transported, not $10,000 “or more”.

Having an attorney is especially important if more than one person was travelling and the seizure was of cash, there are allegations of smuggling, or structuring, or if you experienced a lengthy dentetion or questioning at the time of seizure. We handle this and many other types of cases, which we publish the results of here. Read our popular article on responding to a currency seizure by clicking HERE.

Please read these other articles about money seizures by customs:

CBP Confiscates $82K From International Traveler

Posted by Jason P. Wapiennik on December 18, 2014

U.S. Customs reports on a recent customs money seizure from a woman attempting to cross the border. Something tipped the customs officers off as she left the U.S. and put her through a secondary inspection where they found, lo and behold, $82,077. If this individual is not prosecuted by the government for criminal violations, she faces the potentially difficult task of proving a legitimate source and legitimate intended use of the money. You can read our popular page on Responding to a Customs Money Seizure HERE.

Also, Customs gets the law wrong again, which now I am pretty sure they keep doing to get me worked up. The law only applies to “more than $10,000” not “$10,000 or more.” It’s the difference of a penny, but it’s still wrong to say $10,000 or more. Here is the story:

On Dec. 14, CBP officers working outbound operations at the Gateway International Bridge selected a white 1999 Cadillac Escalade for a secondary inspection. The driver, a 31-year-old female U.S. citizen from Brownsville, was arrested after officers discovered packages containing unreported U.S. currency concealed within the Escalade. Officers removed and seized three packages

that contained [$82,077 in] U.S. currency which was allegedly was being taken into Mexico without being properly reported.

After CBP Field Operations arrested the adult female, she was turned over to agents with Homeland Security Investigations (HSI) 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 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.

In this case, we could give the woman the benefit of the doubt and presume the legitimate source is the proceeds of a decade worth of scrimping and saving; and the intended use, perhaps she is a very generous person and was going to buy Christmas presents in Mexico, with cash. Then Customs swoops in, seizes her money, and ruins all her plans. But, if we assume she proves these two things, then this situation is regrettable for him and completely avoidable. But now, even if criminal charges are ultimately not filed or if he is ultimately found not guilty of a crime, she will still face civil forfeiture of the money and, if he wants it back, will have to fight for its return administratively, or in the courts.

15 Questions to Ask Before Filing a Petition for Remission of Seized Currency with U.S. Customs:

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Currency Reporting Violations and Sue the Dinosaur

What’s the statute of limitations of currency reporting violations?

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