Tag: failure to declare

Currency Seizures by U.S. Customs Increase on the Holidays

Posted by Jason P. Wapiennik on July 4, 2013

The holidays always seem to be ripe for currency seizures by U.S. Customs & Border Protection because of the increased amount of travel that invariably happens during the holidays. And when I say holidays, I do not mean those national and international holidays, too.

Whether you’re crossing the U.S.-Canadian border to participate in the the holiday festivities with your family, or you’re a Chinese national returning from China with a bagful of red envelopes (hongbao) from surprisingly generous relatives, or simply trying to get some money back to your family in Syria or Egypt who face a grave humanitarian crisis, we can help you get your seized money returned to you. If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. Read about responding to a customs currency seizure.

So, it is no surprise that there will be an up-tick in currency seizures during this Fourth of July weekend. This news story was released yesterday and occurred on June 30, where CBP Officers Seizure $39,000 in Unreported Funds. It will probably be just the first in a string of currency seizures in the news.

Phoenix, Ariz. — A local man attempted to smuggle $39,100 in unreported U.S. currency into the United States from Angola.

On Sunday afternoon, U.S. Customs and Border Protection officers assigned to Phoenix Sky Harbor International Airport were conducting inspections of arriving passengers on a British Airways flight referred a 67-year-old man for further inspection. During the search of the man’s luggage, officers found envelopes containing the large volume of unreported currency. The cash was processed for seizure.

The man was turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

CBP’s Office of Field Operations is the primary organization within Homeland Security 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.

We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Call (734) 855-4999 today.

CBP Seizes $205,500 in Unreported Money

Posted by Jason P. Wapiennik on July 2, 2013

As reported by CBP in a recent news release:

Lukeville, Ariz. – Two Mexican nationals were arrested Monday for attempting to smuggle $205,500 of unreported U.S. currency into Mexico through the port of Lukeville.

Customs and Border Protection officers conducting outbound inspections selected a 2000 Toyota sedan for a secondary inspection. The vehicle’s occupants [ . . . ] told officers they had nothing to declare. During the inspection, however, officers found 22 bundles of U.S. currency in the vehicle’s panels.

Both individuals were referred to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The cash and vehicle were seized.

Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

Live and learn, and quit smuggling. The vehicle was probably seized under authority of 19 USC 1595a, which allows Customs to seize any conveyance which has been outfitted for the purposes of smuggling (e.g., vehicles with secret compartments, boats with false floors, secret hull compartments, etc.). The money was probably, at least until criminal charges are made, seized for a simple bulk cash smuggling and/or failure to report the transportation of more than $10,000 out of the United States.

And while we are on the topic, isn’t this fact pattern a much more obvious case of bulk cash smuggling? The money was concealed in the vehicle’s panels, and there is likely no logical reason why it should be stored there; but, this qualifies for concealment and, as the bulk cash smuggling law is written, so does simply having it stored in your luggage, as explained in previous articles.

We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

$61k CBP Currency Seizure at Washington Dulles

Posted by Jason P. Wapiennik on June 28, 2013

Recently, at Washington’s Dulles Airport, CBP seized over $60,000 that was mis-reported to Customs by a Gambian national and concealed in his baggage:

On Saturday, CBP officers and Homeland Security Investigations (HSI) agents from Immigration and Customs Enforcement (ICE) discovered $64,770 in U.S. dollars that the Gambian man had concealed throughout his possessions. The man initially reported to two CBP officers separately that he did not possess more than $10,000 in U.S. dollars or equivalent foreign currency. After CBP explained the currency reporting requirements, the man then reported that he possessed no more than $14,000. After an initial baggage examination revealed $44,750, the man completed a U.S. Treasury currency reporting form reporting $44,750. A subsequent examination of a carry case revealed an additional $20,000. CBP seized $61,770, released $3,000 to the man for humanitarian purposes, and then released him.

So, our Gambian friend in this story has made several mistakes. First, he no doubt put on his traveler’s declaration form that he was not in possession of more than $10,000. Second, when orally asked by CBP to confirm or deny that fact, he denied it, which was apparently false. Third, when he finally decided to declare possession of more than $10,000, he only declared $14,000, despite having an additional $50,000 with him. Fourth, CBP could probably charge him for bulk cash smuggling because the money was apparently concealed from the view of CBP within his baggage.

Basically, any one of these constitutes a failure to report; however, in my experience (despite some occasional abuses) Customs does give traveler’s an opportunity to amend their currency report and properly declare their money. The law is clear, though, all of the currency or monetary instruments is subject to seizure, even the amount that was reported. So in this case, even though $14,000 was eventually reported, the entirety of the money gets seized — not just the amount over and above the $14,000. This mistaken belief sometimes gets people into trouble.

If you have had currency seized and are wondering how to proceed, please make use of the other information we make available on this website or call our office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

CBP-Detroit Currency Seizures Exceed $5 million for 2013

Posted by Jason P. Wapiennik on June 20, 2013 with 1 Comment

Customs in Detroit, my “home” port, reports that enforcement of currency reporting violations are up 24% in terms of value of currency seized over last year.

During the first three quarters of fiscal year 2013, which began Oct. 1, 2012, more than $5,199,000 in currency has been seized at ports of entry within the Detroit Field Office. This represents an increase of 24% compared to this time last fiscal year. Recent cases, such as the $73,000 seized from a pair of Canadian women that was hidden in their under garments, with one of the women being arrested for bulk cash smuggling, highlight the need to inform the public so that they can avoid having their currency seized.

Great Lakes Customs Law is involved in 17 of those cases, involving around $250,393 total seized currency since October 1, 2012. This figures accounts for roughly 5% of the value of all the cases of currency seizures in the port of Detroit so far for fiscal year 2013.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Customs Money Seizure of $175,000 in Unreported Currency at Port

Posted by Jason P. Wapiennik on May 2, 2013

As reported recently by U.S. Customs & Border Protection:

U.S. Customs and Border Protection officers conducting outbound inspections selected a Mercedes sedan driven by [a male Mexican national], [aged] 29, of Nogales, Sonora, Mexico, for further inspection. During the search, officers found a concealed compartment containing 14 packages of U.S. currency. The vehicle and cash were seized. Lara was arrested and referred to U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

The total for the concealed currency, which was seized, was more than $175,000 in U.S. currency. This individual was arrested and likely faces state or federal charges for bulk cash smuggling, or other similar violations. If he could prove legitimate source and legitimate intended use of the funds, then this situation is regrettable for him and completely avoidable.

So, if you have had currency seized from Customs, I strongly advise against trying to do it yourself. Get the help of an experienced 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 does not regularly handle these types of matters.

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.

CBP Seizes Money at Texas Port of Entry

Posted by Jason P. Wapiennik on April 25, 2013

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 release 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.

Bulk Cash Smuggling; Customs Currency Seizure

Posted by Jason P. Wapiennik on April 19, 2013 with 11 Comments

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 of $460,000 in Smuggled Currency

Posted by Jason P. Wapiennik on March 21, 2013

CBP reports that a money smuggling attempt in Nogales, Arizona, was stopped. This story looks similar in dollar amount — $464,00 seized – amount as a money seizure by U.S. Customs and Border Protection near the Port of Laredo, which I blogged about here.

Us Customs 460k Smuggled Money Seizure — Picture of currency hidden in a nightstand.

This time, though, instead of the money apparently being hidden in the vehicle itself, it looks like it was hidden in a nightstand. Either way, hiding it is most likely going to result in a charge of smuggling, which is basiscally what bulk cash smuggling amounts to. This resulted in a seizure of the vehicle and the money itself.

For more information on money seizures by U.S. Customs, the reporting requirements, structuring violations, bulk cash smuggling, and how to get seized currency back, please visit our page devoted to discussion of currency seizures, and also read these articles:

And of course, if you have had your money seized by U.S. Customs and Border Protection, do not delay and call our office immediately at (734) 855-4999! You can also fill out our form and we will contact you, or drop us an e-mail by visiting our Contact page.

U.S. Customs money seizure in Maine

Posted by Jason P. Wapiennik on March 7, 2013

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.

[ . . . ] 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

Posted by Jason P. Wapiennik on March 1, 2013

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

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.