Tag: detroit

Detroit CBP returns Canadian dollars concealed within a book

Detroit CBP Returns Canadian Dollars

The requirement to report cash to Customs applies not only to U.S. currency, but also to foreign currency (among other monetary instruments). Detroit CBP returned $4,000 Canadian dollars to a man who attempted to send the money into the United States to avoid detection, in a kind of reversal of how the forfeiture and seizure process usually works. Bear with as I explain.

If I understand the story correctly, Customs intercepted a package that was shipped from an elderly person in Canada that contained a book. Inside the pages of the book was placed Canadian currency. The cash was put in the book in such a way as to avoid detection. The recipient address of the book/cash in the United States has previously been associated with fraudulent identification sales.

Detroit CBP returns Canadian dollars concealed within a book
Detroit CBP returns Canadian dollars

And that’s where the story gets interesting. Though the sender of the book is the person who violated the law (by attempting to smuggle currency into the United States in the pages of a book and by failing to declare the shipment’s true contents), CBP is apparently returning the money to the sender because he was the victim of a scam that targets elderly people.

Kudos to Detroit CBP on this one. Although I have occasion to disagree with their seizure policies and enforcement techniques on occasion, this time it seems they’ve really cut through a black-and-white/good-vs-bad interpretation of the law and are returning the money to its owner, without need for a formal seizure and forfeiture process.

Want Detroit CBP to return your Canadian dollars?

If you want Detroit CBP to return your Canadian dollars 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 legal notice of seizure and intent to forfeit (CAFRA)

CBP Chicago & Detroit Forfeiture Notices for April 15

When CBP seizes money it is subject to forfeiture. Typically, Customs sends a letter notifying all interested persons that the property has been seized, is subject to forfeiture, and some options for getting seized money back (not all options, by the way). If administrative remedies to get seized money back are not successful, publication of a notice of forfeiture is made by CBP.

Publication of a notice of intent to forfeit used to be done in newspapers, until the government wised up and made a website specifically to give notice of forfeitures. So now, notices of seizure and intent to forfeit are published at www.forfeiture.gov, and depending on the Port involved, usually occurs about once each week.

The property listed in those notice of seizure and intent to forfeit is what no one wants (abandoned), no one knows about (lack of actual service of notice of seizure by mail), or which they could not successfully get back administratively (they could not provide they had a right to it, or it was somehow illegal).

In CBP Detroit’s April 15 notice of seizure, there’s a total of $64,480 up for potential forfeiture for failure to report, money laundering, fraudulent identification documents, and fraudulent account access devices.

  • 2015380200017901-001-0000, Seized on 07/11/2015; At the port of PORT HURON, MI; U.S. CURRENCY RETAINED; 846; EA; Valued at $64,480.00; For violation of
    31USC5317,31USC5316,31CFR1010.340(A),18USC981,18USC1956,18USC1028,18USC,
    1029,18USC1341,18USC1344

We recently opened an office location in Chicago better serve those who’ve had money seized at O’Hare airport. The notices for Chicago do not appear to be for failure to report, bulk cash smuggling, or structuring though. But Chicago’s April 15th notice of seizure and intent to forfeit has a total of $1,525,176 up for forfeiture.

  • 2016390100014001-005-0000, Seized on 11/10/2015; At the port of CHICAGO, IL; US CURRENCY; 2,150; EA; Valued at $34,445.00; For violation of 21USC881,19USC1595A(A)21USC841,21USC846
  • 2016390100028101-002-0000, Seized on 12/16/2015; At the port of CHICAGO, IL; U.S. CURRENCY; 1,183; EA; Valued at $32,390.00; For violation of 18USC981,18USC1956
  • 2016390100042101-001-0000, Seized on 01/27/2016; At the port of CHICAGO, IL; BULK USC; 12,476; EA; Valued at $259,935.00; For violation of 18USC981,18USC1956
  • 2016390100049101-001-0000, Seized on 02/09/2016; At the port of CHICAGO, IL; BULK USC; 28,092; EA; Valued at $625,080.00; For violation of 18USC981,18USC1956
  • 2016390100067201-001-0000, Seized on 04/09/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 5,926; EA; Valued at $99,969.00; For violation of 18USC981,21USC881,19USC1956
  • 2016390100067301-002-0000, Seized on 04/09/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 22,853; EA; Valued at $473,357.00; For violation of 18USC981,21USC881,18USC1956

$1.5 million is, to most folks, a lot of money. To the government, it might be a drop in the bucket or a digit to the right of a decimal point in the budget. But whether government, rich, or poor every can agree — any little bit of cash helps. If no one files a claim and wins a portion of the seized money back, it will go to the government to support its operations.

 

CBP checkpoint at the Detroit-Windsor Tunnel border crossing, with vehicles in the foreground.

Over $350k per day in cash seized by CBP in 2015

CBP tweeted the other day about cash seized by CBP in 2015, and drug seizures. On “a typical day,” CPP seized $356,396 in cash nationwide; based on the number for the Detroit field office, $27,581 was seized “on a typical day” in Detroit.

Because CBP Detroit was #2 in the nation for currency seizures based on total amount of seizures (totaling $10M), a large part of that national average is due to the efforts of CBP Officers at the ports in the Detroit Field Office, most especially the officers at Detroit Metropolitan Wayne County Airport.

The cash seizures are from you run-of-the-mill everyday traveler who are bringing money to the United States for tuition, medical treatment, and to establish a new life; other times, the cash seizures are part of a cash smuggling operation bringing the money into or out of the United States to further the illicit narcotics trade across the borders.

In Detroit, our experience is most of these cases are run-of-the-mill travelers coming into the United States with legitimate money that’s intended to be used for legitimate sources. With our experience and good documentation, we are help to get cash back from Customs after seizure.

The lesson? Prevent seizure of cash by reporting all currency, fully, accurately, and completely to U.S. Customs & Border Protection before they have a chance to stop and question you about it. Don’t be like the poor folks who had their cash seized by CBP in 2015, be sure to report your money. Remember, the duty it yours to report the transportation of more than $10,000 into or out of the country before you are ever asked to make a report!

Two red envelopes with Chinese characters on them and stuffed with U.S. dollars.

Why some Chinese travel with cash leading to airport seizures

One question I face from most Americans when I tell them that our customs law firm helps people recover from money after customs money seizure is, “Why would anyone travel with all that money?”

Two red envelopes (hongbao) with Chinese characters on them and stuffed with U.S. dollars.
Some Chinese bring money in red envelopes (hongbao) for the Chinese new year celebration to give to family

It’s a good question.The answer? Many foreign governments, China in particular, restrict the amount and method that its citizens can take from the country via capital-controls; when the economy tanks or the currency is devalued, it increases the desire to move the money into another country before the market gets worse.

A few years ago the Wall Street Journal did a story about rich Chinese trying to get their money out of China, in the form of cash, that illustrates this point. The story is Chinese Fly Cash West, by the Suitcase and it provides some insight into why people travel with Cash from China, and why Customs seizes this money from them at airports:

China restricts private citizens from taking out more than $50,000 per individual per year. While it is hard to enforce these restrictions, Chinese authorities are scrutinizing outgoing private cash amid a broad anticorruption drive and as worry grows over the risks of capital flight.

The money seized at airports represents just a sliver of private Chinese money pouring out, but highlights that Chinese citizens are turning to one of the oldest and simplest methods to evade those controls: taking cash out in a suitcase.

The articles goes on to say:

From 2009 to 2011, U.S. airport customs officers seized over $5 million in undeclared cash from Chinese citizens, according to U.S. Customs and Border Protection. That is 8.4% of the total seized and more than double the nearest amount for another nationality.

Transporting large amounts of cash isn’t necessarily illegal. Travelers must declare cash over $10,000 when they land in Canada or the U.S. Most undeclared cash is temporarily seized and subject to fines. If customs agents believe the cash comes from illegal activities, the onus is on the traveler to prove otherwise before it is returned.

I would correct this final paragraph with a few legal subtleties. If any amount of money is undeclared to customs, all of the money transported may be seized and, if legitimate source and use are not proven to Customs, will be forfeited forever (i.e., lost). This burden is on the traveler whether or not Customs believe the cash comes from illegal activities. It must always be proven.

Moving cash from China subjects a person to fines in China:

In China, violators of Beijing’s rules on moving out cash are also subject to fines. From 2007 to 2011, China’s State Administration of Foreign Exchange levied such fines totaling 1.27 billion yuan ($202 million), according to the most recent data available.

The story goes on to state that seizures from 2009 to 2011 dramatically increased at airports in Los Angeles, Chicago, Detroit, Houston and San Francisco for money seized by Customs from Chinese nationals. But the numbers seized by U.S. Customs were smaller than that seized by Canadian customs. Apparently because property rules rules and investor visas are easier to obtain.

The New York Times also published a story we tweeted about:

I’m sure the cash is flooding the U.S. market now for the same reasons. Customs will seize unreported money from any Chinese traveler or immigrant at any U.S. airport if they catch them.

2015 Hajj pilgrims: Declare your money!

Customs at the port of Dertroit is offering a pointed reminder to Hajj pilgrims returning to the United States; declare everything you acquired overseas, especially food and agricultural items, but most importantly declare your cash over $10,000! The Hajj ends on September 26, and pilgrims returning through Detroit Metropolitan Airport with more than $10,000 could have all their currency seized if it totals more than $10,000.

If you travel with $10,000, be sure to declare money.
If you travel with $10,000, be sure to declare money to customs.

Be extra careful and if it’s cash and it belongs to other people you are traveling with, declare it anyway and explain the situation to Customs before you get caught up in intensive questioning. Talk to those you are traveling with to see how much cash they are carrying so that you don’t failure to make a report out of ignorance, and so customs cannot accuse you of structuring. Husbands and wives… this a great time to communicate about money.

Here’s the instructions on how you can file a currency report:

All travelers are also reminded of the currency and reporting requirement found on your customs declaration (CBP Form 6059b). You may bring into or take out of the country, including by mail, as much money as you wish. However, if it is more than $10,000, you will need to report it to CBP. Ask the CBP officer for the Currency Reporting Form (FinCen 105). The penalties for non-compliance can be severe. “Money” means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, travelers’ checks in any form, money orders, and negotiable instruments or investment securities in bearer form.

If it’s too late for you and you’ve had your money seized by Customs for failure to file a currency report, bulk cash smuggling, or a structuring violation, do not lose hope. It is possible for you to get your money back. You can find out more about how to get back seized currency by reading our article RESPONDING TO A 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 Chicago, Philadelphia, Atlanta, New York, Los Angeles, Miami, 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?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case

4 Houston CBP Airport Currency Seizures; Detroit CBP Leads

They say everything is bigger in Texas, but apparently not customs airport currency seizures effected by U.S. Customs & Border Protection. Houston CBP reports around $2.4 million seized from arriving travelers for FY 2015 thus far; an impressive sum, but not quite as impressive as Detroit’s $8 million for the same time period. It is more than CBP in Houston seized last year.

These seizures in Houston include seizures at airports in Austin, Corpus Christi, Dallas, Houston and San Antonio. The story gives the details on some recent seizures which occurred at George Bush Intercontinental Airport. Those stories are re-told below in the full story:

CBP officers effected the first of four recent seizures July 5 when a husband and wife enroute to Dubai reported carrying $10,000 as a family. After CBP officers explained the currency requirements, the couple signed the FinCen form. Final currency verification indicated the travelers were in fact carrying $15,433, which CBP officers seized.

Currency seized for failure to properly report an aggregate amount exceeding $10,000.
Currency is seized for failure to properly report currency in an aggregate amount exceeding $10,000.

July 7, officers seized more than $27,000 after a U.S. couple traveling to Iran reported on FinCen Form 105 to having a combined $10,000 in their possession. After officers completed the currency verification, they seized $27,431.

The next day, CBP officers encountered a U.S. citizen and his wife who were enroute to Pakistan.  The couple reported they were transporting $9,500; however more than $23,800 was seized after officers completed the currency verification.

The final seizure of the week occurred July 9 when officers seized $22,900 from a couple enroute to India.  The couple reported $17,000 in the possession, however when officers completed verifying their currency, it totaled $22,900.

In all four instances, the currency was seized for failure to properly report currency in an aggregate amount exceeding $10,000.

The story also says that across the nation, on a typical day, CBP officers seized more than $650,117 from people entering and exiting the United States.

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:

  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?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case

 

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

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 cbp money seizureunreported 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:

  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?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case

 

Events: Detroit Trade Day and Citizen Academy

There are two upcoming events for members of the general public and those in the trade community in Detroit, including a citizen academy and the fourth annual trade day.

First, the Citizen Academy (full story here):

Citizen Academy attendees will learn about each of CBP’s components: U.S. Border Patrol; Office of Field Operations; and Office of Air and Marine, and their crucial mission of securing our Nation’s borders.  The academy will also cover legal and operational aspects, and will provide participants with hands-on exposure to the equipment used by CBP every day.  The academy will consist of six sessions, and classes will take place at various offices of the three components over the course of the Academy.

The Citizen Academy will be open to anyone 21 years of age or older. This program is offered at no cost to participants and all class materials will be provided. Please note that a background check is required and applicants should be in good physical health.  Class size is limited, and those not selected will be placed on a waiting list for future academy dates.

Applications are being accepted from those who are interested in attending the CBP Citizen Academy and are willing to commit to attending all of the sessions. Please contact Detroit Sector Headquarters at (586) 239-5059 or DTM-PIO@dhs.gov for more information.

And “Trade Day” (full story here):

U.S. Customs and Border Protection’s (CBP) Detroit Field Office will hold its 4th annual Trade Day on Wednesday, Aug. 19, from 9 a.m. to 3 pm. This event will provide the trade community with an opportunity to meet and interact with CBP personnel, trade staff, and representatives from partner government agencies.

Attendees will have the opportunity to view presentations and directly engage with government personnel who regulate and facilitate trade. Participants range from Immigration and Customs Enforcement—Homeland Security Investigations, U.S. Department of Agriculture, U.S. Fish and Wildlife Service, Consumer Product Safety Commission, Environmental Protection Agency, the U.S. Patent and Trademark Office, Food and Drug Administration, Canadian Border Services Agency, and the Canadian Food Inspection Service.

Trade Day offers a diverse group of U.S. and Canadian customhouse brokers, carriers, importers, and other trade groups the opportunity to network with commodity teams, specialists from the Centers for Excellence and Expertise, and frontline officers from CBP and other partner agencies.

In previous years, the successful event has attracted audiences representing 97 companies and the general public. “This is a great opportunity to strengthen our relationship with the trade community and showcase our dedicated team of professionals.” said Director of Field Operations Christopher Perry.

The event will be held at the U.S. Food and Drug Administration (FDA) Detroit District, located at 300 River Place Dr., Suite 5900, Detroit, MI 48207. Parking for the event is free to all who register by Aug. 12.  All who plan to attend are encouraged to register online at http://detroitfotradeday2015.eventbrite.com.

Questions or additional information may be directed to Mica Brazier at 313-496-2185 or via email at Mica.L.Brazier@cbp.dhs.gov.

If you see us there, be sure to say hello.

Wrong Turn in Detroit Results in Customs Seizure, Arrest

The news release below describes a fairly common occurrence; the wrong turn. I’ve had client’s make a wrong turn only to inadvertently end up at a border crossing and have their money confiscated by Customs for failure to file a report. In the case below, the guy who made the wrong turn had a couple of guns on him, which of course resulted in more than a civil seizure:

DETROIT- U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) Officers assigned to the Fort Street Cargo Facility arrested a man and seized three weapons during an examination this past weekend.

On January 17, 2015 a 58 year old Florida resident, made a wrong turn in a commercial truck onto the Ambassador Bridge and ended up on Customs Money Seizurethe Canadian side of the border. The man declared three weapons a .45 caliber hand gun, 12 gauge shotgun and .38 caliber revolver.

The individual was returned to the U.S. by Canadian Border Service Agency (CBSA) escort. CBP learned through computer databases, that the man has a criminal history for felony convictions involving carrying concealed weapons and drug possession.

“Our cooperation with CBSA is vital in taking prohibited and illegal weapons off the streets of our communities,” stated Roderick Blanchard, Detroit Port Director. “Teamwork such as this leads to positive outcomes for everyone.”

The man was arrested and turned over to ICE Homeland Security Investigations Task Force Officers along with the seized weapons. The man is facing State of Michigan charges for being a Felon in Possession of a Firearm.

If you made a wrong turn into the clutches of U.S. Customs and had your money or property seized, 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, San Francisco, and Orlando.

Please read these other articles about money seizures by customs:

  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. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures
  11. Statute of Limitations for Currency Reporting Violations