Tag: dtw

A September 28 2018 notice of seizure and intent to forfeit cash seized at Detroit Metro airport.

Detroit Metro Airport Customs Money Seizure; September 28 2018

Today Customs published a notice of all property seized by Customs that is currently pending administrative forfeiture proceedings, as they do each week on forfeiture.gov.  Some weeks, the forfeiture notices for Detroit Metro Airport are uninteresting; some weeks they are interesting, but don’t involve cash.

But this week, the notice is not necessarily as interesting as last week’s 3-days-to-forfeiture post last week, but it is nevertheless loaded with 4 separate cash seizures with a total value of $90,138.36. In fact, it only has cash seizures. Have a look:

PUBLICATION/POSTING START: September 28, 12018
PUBLICATION/POSTING END: October 28, 2018
DEADLINE TO FILE A CLAIM: November 27, 2018

DETROIT

2018380700090101-0001-0000, Seized on 04/30/2018; At the port of DETROIT AIRPORT; US CURRENCY RETAINED; 202; EA; Valued at $15,127.00; For violation of 31USC5317, 31USC5316

2018380700090101-0002-0000, Seized on 04/30/2018; At the port of DETROIT AIRPORT; EURO RETAINED; 7; EA; Valued at $263.36; For violation of 31USC5317, 31USC5316

2018380700118001-0001-0000, Seized on 07/14/2018; At the port of DETROIT AIRPORT; U.S. Currency Retained; 395; EA; Valued at $34,042.00; For violation of 31 USC 5332(c), 31 USC 5332(a), 31 USC 5317(c)(2), 31 USC 5316(a)(1)(A)

2018380700121501-0001-0000, Seized on 07/23/2018; At the port of DETROIT AIRPORT; US Currency Retained; 193; EA; Valued at $19,300.00; For violation of 31 USC 5317(c)(2), 31 USC 5316(a)(1)(A)

2018380700125701-0001-0000, Seized on 08/07/2018; At the port of DETROIT AIRPORT; U.S. Currency Retained; 235; EA; Valued at $21,406.00; For violation of 31 USC 5317(c)(2), 31 USC 5316(a)(1)(B)

All these cases are from seizures that occurred between April and August, 2018. That probably means that someone has tried, and failed, to get the money back by filing an administrative petition. Some people (some of them lawyers), think it’s very easy to get seized cash back from Customs at Detroit Metro airport.

And it can be, if you know what you’re doing. But if you’ve had cash seized by Customs, I can gaurantee you that you don’t know what you’re doing. A customs cash seizure is totally avoidable. So if you’ve had it ceased, you really should not try to help yourself.

Have you had a customs money seizure at Detroit Metro Airport?

If you have a customs money seizure at Detroit Metro airport, don’t do it yourself. Cash seizure cases are often packed with with difficulties and unforeseen challenges. Instead of risking forfeiture and the total loss of your money, do the smart thing and call us for a free currency seizure consultation and make use of the free customs money seizure legal guide we publish on this website.

The CBP global entry line at Detroit Metropolitan Airport.

Detroit Metro Airport CBP Seize $59,451 Cash

Finally, a CBP cash seizure press release from my own home port of Detroit that happened at Detroit Metropolitan Airport, which is just a few miles down the road from our office. This one involves a U.S. citizen returning from China with his wife; together, the couple was found to be transporting more than $10,000 cash through Customs…. about $50,000 more, actually.

Here’s the full story from Detroit CBP:

DETROITOn November 28, 2016, U.S. Customs and Border Protection (CBP), Office of Field Operations at the Detroit Metropolitan Airport seized $59,451 in U.S. currency from a United States citizen after he failed to report the currency to CBP officers. The traveler is a member of the Global Entry trusted traveler program.

The male traveler and his wife arrived in Detroit on a flight from Beijing, China. He initially denied carrying $10,000 or more in U.S. currency or its equivalent in foreign currency. CBP Officers questioned the traveler as he and his wife attempted to exit the federal inspection area separately 13 minutes apart. Further inspection led to the discovery of $59,451 divided between the two.

“You must report to CBP that you are carrying $10,000 or more in U.S. dollars or equivalent foreign currency or other monetary instruments when you travel into or out of the United States, especially if you are a member of Global Entry.” said Devin Chamberlain, CBP Detroit (Airport) Port Director. “There is no limit as to how much currency travelers can import or export. However, the law requires travelers to report when they carry at least $10,000 in monetary instruments.  Violators may face criminal prosecution and forfeiture of the undisclosed funds.”

As you can see, this story involves both a failure to report cash to customs and unlawful cash structuring. As we’ve explained time and time again at this customs law blog, cash will be seized by Detroit CBP if it is divided between a husband and wife (or other family members) traveling together and CBP has cause to believe it was done for the purpose of avoiding filing the currency report on form FinCen 105.

Had cash seized at Detroit Metro Airport by CBP?

If you’re like the people in this story and have suffered a cash seizure by U.S. Customs & Border Protection (CBP) at Detroit Metro Airport, you’re in need of a lawyer to help you get your money back and potentially avoid criminal prosecution or inquiry. Every case is different and nuances, exceptions and interpretations are almost always present making each case unique and challenging. Many people need help even understanding the election of proceedings form that is included with the notice of seizure.

Please make use of our customs currency seizure legal guide, but remember to also take advantage of our free currency seizure consultation by contacting us today by clicking on the contact button!

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

Structured Cash Seized by CBP Detroit

Last week, CBP posted another round of notices of seizure and intents to forfeit on their website, forfeiture.gov. Among the many thousands of items seized and subject to forfeiture is $19,300, in cash seized at Detroit Metropolitan Airport in Romulus, Michigan, on August 23, 2016.

Like all notices on forfeiture.gov, it is sparse on detail; but, we do know that it was seized for both a failure to report and unlawful cash structuring, which likely means that more than 1 person was traveling with the money; or that CBP took two family members or traveling companions, pulled them aside, found that each was traveling with slightly less than $10,000, and grouped the amounts together and is accusing one person of giving the money to another so as to avoid filing the currency transaction report on Form FinCen105.

PUBLICATION/POSTING START: October 14, 2016
PUBLICATION/POSTING END: November 13, 2016
DEADLINE TO FILE A CLAIM: December 13, 2016

DETROIT, MI

2016380700111101-001-0000, Seized on 08/23/2016; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 247; EA; Valued at $19,300.00; For violation of  31USC5316, 31USC5317, 31USC5324, 31CFR1010.340(A)

The reason the notice of seizure was published on the website is because either the recipient decided to abandon the money, did not receive the personal CAFRA notice of seizure letter, or messed up the petition (unlikely in the span of 7 weeks since the seizure occurred). Don’t make that same mistake, and hire a customs lawyer for any cash, money, or monetary instrument seizure you experienced at the hands of U.S. Customs & Border Protection.

Have you had structured cash seized by CBP Detroit?

If you had structured cash seized by CBP Detroit, 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.

Being Forced to Abandon Cash to Customs can Occur by Signing an Election of Proceedings form or Notice of Abandonment form

Threatened by CBP to abandon cash

Based on our sources, I have come to the belief that a good chunk of the notices of seizure and intent to forfeit publications/postings concerning cash seized at the Detroit Metropolitan Airport are the result of an effort, on the part of some CBP officers, to encourage people to abandon their money through such things as the threat of arrest, or the threat of futility. Read the we called “Forced to Abandon Cash to Customs?” from a few months ago about the process.

The threat of arrest is real, if often improbable. Not reporting currency, smuggling cash, and/or structuring it is a crime, even punishable by prison. But, in our experience, if there is no apparent and obvious connection to illegal activity, CBP will not make an arrest and there will be no criminal prosecution.

At the time of seizure, I’ve had clients tell me they are presented (prematurely…) with an “election of proceedings form”. The election of proceedings form is explained to them in a way that leads the client to believe there only chance of avoiding arrest is to choose to abandon the money and relinquish all rights to it and to future notice; and if they don’t want to abandon it, they will be arrested, will have to go to court, and even if they win, they will only get back a few dollars due to fees and penalties that will be charged. That’s the threat of futility. Why fight if you’ll never win?

This is not true. Never, ever trust the people who are seizing your money to tell you the truth about the best way to get it back. Never take legal advice from anyone who is not a lawyer, especially if that person is has no reason to act in your best interests. Above all, remember, you have the right to remain silent.

With this in mind, last week’s Forfeiture Notice for Detroit contained a high dollar seizure that occured on June 29, 2016, at Detroit Metropolitan Airport. Here’s the excerpt:

2016380700090601-001-0000, Seized on 06/29/2016; At the port of DETROIT, MI; US CURRENCY RETAINED; 437; EA; Valued at $36,090.00; For violation of 31USC5317, 31USC5316,  31CFR1010.340(A), 31USC5324

When faced with a situation where CBP is telling you to abandon the cash or risk everything, it’s the proverbial gun to the head. “Give me your money or your life” situation. Don’t be fooled, the choices CBP may have presented you with are not real. They are false, and might be designed to manipulate you into abandoning your hard earned money.

Did you abandon cash to Customs (CBP)?

If you abandoned your cash by mistake, or by the threat of force or coercion, you need the advice of a customs lawyer, not this article (which is not legal advice). If you were forced to abandon cash to Customs, 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.

 

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

$10k Seized at Detroit Metro by CBP for Money Laundering, more

Most of the time when money is seized, it is for a failure to report currency a few related laws, like bulk cash smuggling and unlawful structuring. On occasion, CBP seizes money for other reasons; such as when they suspect the money is tied to a crime other than the failure to report, bulk cash smuggling or unlawful structuring.

The government has broad authority to seize cash, without much cause, if they believe that is connected to illegal activity. In this case, CBP at Detroit Metropolitan Airport seized $10,047 for not only the failure to report, but also for violations of:

Here’s the excerpt from forfeiture.gov:

2016380700073901-001-0000, Seized on 04/29/2016; At the port of DETROIT, MI; US CURRENCY; 115; EA; Valued at $10,047.00; For violation of 18USC981, 18USC1956(C)(7), 18USC1591, 31USC5317, 31USC5316, 31CFR1010.340(A)

Sometimes people ask: if I carry more than $10,000 with me and report it to CBP, can Customs seize the money? The answer is YES, if CBP suspects it is still connected to a crime. This is kind of asset forfeiture that has been in the news a lot lately, where on the grounds of very little suspcion law enforcement can seize property that they believe is connected to a crime, however tenuous that connection is.

Occasionally, we get calls from people who’ve had money seized by the DEA or ATF when traveling by car or plane domestically. Occasionally, local police seize the money and pass it along to another federal agency, like CBP. If CBP has seized your cash, give us a call at (734) 855-4999, or contact us through the buttons on this website. If would like more information about responding to a money seizure by CBP for failure to report, bulk cash smuggling, or unlawful structuring, you should read our legal guide to a customs money seizure.

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

Detroit CBP Cash Seizure: Last Call!

On July 8, CBP Detroit issued a notice of intent to forfeit $15,554 that was seized at Detroit Metropolitan Airport on May 9, 2016, for a violations of the unlawful structuring and the border cash reporting requirements. The notice of seizure and intent to forfeit publications on forfeiture.gov or the legal equivalent of the bartender yelling “Last call!” at a bar and turning on the lights.

As with a similar story we posted days ago, because this notice is being published likely means that someone chose to abandon cash seized by CBP, or that they never a notice of seizure by mail. Because someone missed the deadline, the notice, or abandoned the property, CBP has thus begun administrative forfeiture proceedings.

Here’s the notice:

PUBLICATION/POSTING START: July 08, 2016
PUBLICATION/POSTING END: August 07, 2016
DEADLINE TO FILE A CLAIM: September 06, 2016

2016380700077501-001-0000, Seized on 05/09/2016; At the port of DETROIT, MI; US CURRENCY RETAINED;  200; EA; Valued at $15,554.00; For violation of 31USC5317, 31USC5316, 31CFR1010.340(A), 31USC5324

Anyone with a legal interest in the property can submit a claim, with some limitations. Completing a claim and properly submitting it to CBP is the last chance for anyone with an interest in the property to try to get it back.

After money has been seized by CBP, it is best to consult with and proceed with the advice of a law firm that specializes in customs laws and cash seizures; there are number of mistakes that can be made in electing to proceed with making an offer in compromise, filing a claim, an administrative petitioner, or otherwise responding.

If you want to learn more about responding to a customs cash seizure, read our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

An April 22, 2016 notice of seizure and intent to forfeit cash by CBP Detroit.

Forfeiture Pending for $15,000 Seized at DTW

Here is today’s excerpt from Detroit CBP’s posting on forfeiture.gov — $15,000 seized for failure to failure to report at Detroit Metropolitan Airport (DTW – port code 3807).
The fact that $15,000 was seized by CBP in August 2015, and only 8 months later is the notice of seizure and intent to forfeit being published, tells me that someone tried unsuccessfully to get the money back by making an offer in compromise or an administrative petition. This is why we recommend hiring a customs lawyer to get seized cash back from Customs.
PUBLICATION/POSTING START: April 22, 2016
PUBLICATION/POSTING END: May 21, 2016
DEADLINE TO FILE A CLAIM: June 21, 2016

2015380700127501-001-0000, Seized on 08/16/2015; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 150; EA; Valued at $15,000.00; For violation of 31USC5317,31USC5316

Once a seizure case goes this far without a resolution administratively, a good outcome for a case such as this is getting any amount of money back, especially when the amount seized is only $15,000.

Has your petition or officer in compromise been denied by CBP in Detroit?

If your petition or offer in compromise has been denied by CBP in Detroit, you can learn more from our trusted legal guide to a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.
A chart showing Detroit Customs seized cash from 540 travelers in 2015

Detroit Customs Seized Cash from 540 Travelers in FY 2015

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

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

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

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

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

[ . . . ]

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

Great work, CBP Detroit!

Has Detroit customs seized cash from you?

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