Tag: customs search

CBP Seizes Money at Texas Port of Entry

We bring these cases to our reader’s attention not because many honest people find themselves with thousands of dollars hidden underneath their vehicle’s floorboards in a secret compartment (although it has happened to some of my honest clients), but because they do allow me to bring to the public’s attention the laws surrounding the transportation of more than $10,000 in money across the border and seizure of that money.

Customs and Border Protection, in a recent news releaseCBP Seizes Money Texas Port Of Entry discusses the seizure of $80,000 as a result of a failed smuggling attempt to take the cash out of the country in a

concealed compartment and without filing a currency report disclosing the source of the money and intended use of the money. Thus, it was seized and the driver arrested for smuggling.

The news release states as follows:

CBP currency detector canines searched the vehicle and alerted to the floor. CBP officers and Border Patrol agents continued their search and located a hidden compartment in the floor of the vehicle. They removed multiple tape-wrapped bundles of money in the compartment.

If this individual is found not guilty of a crime, then he faces the  potentially difficult task of proving a legitimate source and legitimate intended use of the money. In this case, we could give the man the benefit of the doubt and presume the legitimate source is the proceeds the sale of valuable pieces of art to an eccentic U.S. art collector and the intended use, perhaps he was intending to open a small restaurant in Mexico City. That’s just my guess, and yes, I have handled more bizarre but true cases.

If we assume he 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, he 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.

That brings me to the next point:

If you have had currency seized from Customs, do not go it alone. Get the advice of an attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring a lawyer who doesn’t regularly handle these cases.

To inform yourself, please read the various articles I have written on this and related topics. But do not let it replace the advice of attorney who is familiar with the law and your particular circumstances. If you have questions, please give us a call at (734) 855-4999.

Bulk Cash Smuggling; Customs Currency Seizure

Arizona news is reporting that a Mexican national was caught trying to smuggle $90,000 in U.S. currency. The individual transporting the currency is being held for bulk cash smuggling charges.  The article has some interested pictures of the actual cash and its location. Apparently drug-sniffing dogs detected the presence of drugs in the vehicle (likely traces on the currency), which tipped them off the presence of the currency.

Legitimate source? Legitimate intended use? You be the judge!

You can read more about what constitutes bulk cash smuggling offense by clicking HERE. If you have had your cash seized by Customs you might find our article on responding to a U.S. Customs money/currency seizure helpful (click HERE to read it). You can also contact our office and speak to a customs attorney by call (734) 855-4999, or by clicking HERE.

U.S. Customs money seizure in Maine

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

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

The money was apparently was connected with:

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

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

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

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

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

U.S. Customs currency seizures at the ports

As should be expected because of the shared border with Mexico, Laredo news has reports of two other 

Money black hole

significantly large currency seizures; one from another Chicagoan who was found to be transporting $214,925 in unreported currency in her vehicle and, more interestingly, and a 21 year old  Washingtonian who was transporting $115,594 in currency hidden in seven bundles underneath her clothing.

Both seizures occurred the same day and at the same location. As before, the Laredo news does a decent job of getting the law on this topic right, which I have explained before here by noting that you can petition for the return of the currency and that the person transporting the unreported currency is subject to arrest for criminal violations.

That brings me to the next point:

If you have had currency seized from CBP it is a serious matter – the law is complex, and any mistake can cost you dearly. Please give us a call and we will provide you with a free telephone consultation. To further inform yourself, you can also read the various articles we have written on this and related topics.

Customs seizes $25,000 currency in El Paso, Texas

The El Paso Times reports on a recent currency seizure by U.S. Customs and Border Protection in El Paso, Texas, from a woman who was carrying $25,000  as she attempted to walk into Mexico. They found three bundles of currency in her purse, all unreported.

This article gives me the opportunity to provide some additional insight for my readers: every time currency is seized Customs asks the moneyrolldistrict attorney’s office if they want to prosecute. I do not have access to the actual numbers, but from my experience in the vast majority of currency seizures there is no criminal prosecution. But as this article shows, that is not always the case.

In this instance, the district attorney decided to prosecute and the woman is being held without bond and facing 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 she is ultimately found not guilty of a crime, she will still face civil forfeiture of the money and, if she wants it back, will have to fight for its return administratively, or in the courts.

If you have had currency seized from Customs you should seek the advice of an attorney. If you do not do so, you might only make the situation worse by trying to handle it on your own. Please make use of the various articles I have made available to the public to help better understand your situation and the procedures involved, but do not let them replace the advice of attorney who is familiar with the law and your particular circumstances.

Structuring currency imports and exports

The law concerning reporting transportation of more than $10,000 in currency and/or monetary instruments coming into or out of the United States is clear; any amount more than $10,000 must be reported. So what about two or more of transactions of $10,000 or less?

It is illegal to structure an importation or exportation in order to avoid filing the required report under 31 USC § 5324(c)(3). For example, if a person wanted to transport $25,000 from the U.S. to Brazil, it is illegal to divide the money into smaller sums and export those smaller sums on the same or different occasions to avoid filing a report. It does not matter if the money is divided and given to a  person on the same flight (or same car, bus, boat, etc.), or if it’s done days, weeks, months, or years apart if done to avoid having to file a report — structuring the transaction to avoid filing the report is illegal and carries serious civil and/or criminal consequences. It does not matter if you have other reasons for structuring the transaction, so long as one of those reasons to is to avoid having to file a report your structuring of the transaction is illegal.

On the other hand, dividing the money for any reason other than evading the reporting requirement is legal. However, my typical cautionary disclaimer applies: you still have to prove it and convince Customs that your intent was not to avoid filing a report, and hope that your evidence is strong enough to get your money back (remember, Customs will have seized it pursuant to 31 USC § 5317).

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:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Seizure for bulk cash smuggling into or out of the U.S.

Many posts in this series have dealt with how and why Customs will seize currency and monetary instruments crossing the border for a violation of 31 USC 5316, which is a failure to report. Customs is also empowered to seize cash or its equivalent smuggled into or out of the United States under 31 USC 5332(c) in addition to seizure for failure to file a report.

At its core, the law against bulk cash smuggling prohibits (1) the concealment of currency or monetary instruments, with (2) an intention to evade the reporting requirement, during the (3) knowing transport, transfer, or attempted transport or transfer, of the currency or monetary instruments out of or into the U.S. 31 USC 5332(a)(1).

Concealment can be done on your person, including  in clothing, a conveyance (e.g., a vehicle), in luggage, in a backpack, with or in merchandise, or any other container, whether it is worn or carried by the person transporting, transferring, or attempting to transport or transfer the currency or monetary instruments. 31 USC 5332(a)(2).

This law allows Customs to seize and forfeit through a civil proceeding “[a]ny property” including the container, conveyance, luggage or clothing, “involved in a violation . . . or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy[.]” 31 USC 5332(c). This means that not only will Customs seizue the currency or monetary instruments, but in some cases also the luggage, backpack, merchandise, or conveyance in which it was concealed. The law also provides for penalties for a criminal conviction of not more than 5 years, among other sanctions. 31 USC 5332(b).

Each of the 3 elements above have a legal definition too detailed for an article this short, but suffice it to say that the terms “knowing” and “intentional” do not have the common, everyday definitions you might expect. If you are not a lawyer or don’t mind losing more than $10,000 do not try to be clever and figure it out.

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:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?