Tag: failure to report

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.

Cash seized by CBP in Dulles airport for failure to report laid out on a table with Homeland Security logo

CBP Seizes $170k from 7 Travelers at Dulles

Dulles CBP does it again, and again.. and again, again, again, and again, and… again. That is, they sezied almost $170,000 in cash at Dulles airport for not reporting cash to Customs before leaving the country.

The 7 cash seizures by Customs range over a 2 week period, from July 13 to August 1. Travelers were Cash seized by Customs not reported and hidden in a bag at Dulles airporttaking cash to Belgium, Ghana, Turkey, Qatar, and Serbia. In each case, the travelers were stopped by CBP before boarding their plan and incorrectly reported the amount of money they were traveling, when asked.

Note that, if you’re boarding your flight and you haven’t already made the report, even if you make an accurate report when stopped, you’ve already committed the violation of failure to report. Also, in these cases, not filing the report is only one of the potential charges; additionally, the money could be seized for bulk cash smuggling and structuring offenses, leading to a higher penalty. Worse yet, CBP can criminally indict any person for bulk cash smuggling, structuring, failing to report, and also making false statements to federal officials (i.e., reporting the wrong amount of money).

STERLING, Va., — U.S. Customs and Border Protection (CBP) officers seized $169,431 during seven recent violations of federal currency reporting laws at Washington Dulles International Airport.

It is not against the law to carry large amounts of currency in or out of the United States.  Arriving or departing travelers may carry as much currency as they wish.  However, federal law requires that travelers who possess $10,000 or more in currency or other monetary instruments must report it all to a CBP officer at the airport, seaport, or land border crossing where they enter or leave the country.

Consequences for violating U.S. currency reporting laws are severe; penalties may include seizure of most or all of the traveler’s currency, as illustrated by the following cases, and subjected to potential criminal charges.

  • CBP officers seized $21,735 from a Cameroon woman and son boarding a flight to Belgium August 1.  The family reported $9,700.  Officers discovered additional currency in envelopes in a carry-on bag.  Officers released $735 to the family for humanitarian purposes and released the family.
  • CBP officers seized $30,721 from a U.S. man boarding a flight to Ghana July 30.  The man verbally reported $9,000 then wrote down that he possessed $11,000.  Officers discovered additional currency in white envelopes in a carry-on bag. Officers released $721 to the man for humanitarian purposes and released him.
  • CBP officers seized $26,177 from a U.S. family boarding a flight to Turkey July 29.  The family reported $21,000.  Officers discovered additional currency concealed inside children’s socks and in cell phone cases. Officers released $1,177 to the man for humanitarian purposes and released him.
  • CBP officers seized $34,585 from a U.S. man and his Ghanaian wife boarding a flight to Ghana July 23.  The couple reported that they each possessed $10,000.  Officers discovered additional currency during an inspection.  Officers released $1,585 to the couple for humanitarian purposes and released them.
  • CBP officers seized $18,390 from a U.S. couple boarding a flight to Turkey July 21.  The couple reported $9,090.  Officers discovered additional currency in an envelope in a carry-on bag.  Officers released $390 to the couple for humanitarian purposes and released them.
  • CBP officers seized $20,645 from a U.S. man and his Jordanian wife boarding a flight to Qatar July 19.  The couple reported $14,020.  Officers discovered additional currency in envelopes in the woman’s purse.  Officers released $390 to the couple for humanitarian purposes and released them.
  • CBP officers seized $17,178 from a Kosovo woman boarding a flight to Serbia July 13.  The woman reported $8,000.  Officers discovered additional currency in luggage and carry-on bags.  Officers released $1,578 to the woman for humanitarian purposes and released the family.

In each case, CBP officers read the federal reporting requirements to the travelers and solicited their understanding of the law.  Officers afforded the travelers multiple opportunities to truthfully report all currency they possessed, both verbally and in writing.

“Customs and Border Protection outbound inspections protect against unreported exportations of bulk U.S. currency, which often can be proceeds from alleged illicit activity, or that fund transnational criminal organizations,” said Casey Durst, CBP’s Field Operations Director in Baltimore.  “These currency seizures are a direct reflection of CBP’s continuing commitment to enforcing all U.S. laws, including federal currency reporting laws, at our nation’s international ports of entry.”

Dulles is one of the more aggressive ports when it comes to seizures, penalties, and criminal indictments. If you’ve had money seized by Customs, you should hire a lawyer.

Seized cash in sealed shirt bags

CBP Chicago Seizes $107k Cash

Finally, a customs cash seizure in Chicago has made the news! This story involved over $100,000 being taken out of the country and into Jordan. The story states that at least part of the $107,360 was concealed in “several sealed shirt bags” which then prompted the individual to declare $107,000. Our Chicago office sees a few cash seizure cases each year.

Interestingly, the story states that it was seized because the passenger “failed to properly report” the cash — but they do not state that it was seized for bulk cash smuggling. Based on the explanation in the story, I would expect it to also be seized for bulk cash smuggling violations — which could mean a loss of 50% of the money by the individual even if they can prove it came from a legitimate source and had a legitimate intended use.

CHICAGO—On April 11, 2018, U.S. Customs and Border Protection (CBP) Officers assigned to O’Hare International Airport intercepted one male subject concealing $107,360 during an Outbound Enforcement Operation.The passenger was traveling alone on his way to Jordan. When asked, the passenger gave a currency declaration for monetary instruments in the amount of $20,000. However, during inspection of the subject’s carryon baggage, several sealed shirt bags were found and inspected revealing numerous bundles of $100 bills. When CBP Officers found the concealed currency, the subject stated he actually had $107,000.

CBP seized the money because the passenger failed to properly report he was traveling outside of the United States with more than $10,000 as required by 31 USC § 5316.

Has CBP Chicago Seized Your Cash?

If CBP Chicago seized your cash at Chicago O’Hare Airport or Midway airport, you should give us a call for a free currency seizure consultation and make use of our free customs cash seizure legal guide.

CBP Dulles Seizes Cash Bound for Ghana and Turkey

Dulles CBP conducted more currency seizure operations on people entering and leaving the country for not report carrying more than $10,000 cash. The law requires that transporting more than $10,000 in cash into or out of the United States be reported to a Customs officer at the port of entry or departure, typically on FinCen Form 105. In this particular summary of enforcement activity, CBP seized a total of about $56,000 from a three different sets of travelers, as follows:

Three more travelers failed to truthfully report all their currency to a CBP officers and saw their currency seized.Consequences for violating U.S. currency laws are severe: from loss of all unreported currency to potential criminal charges, as illustrated by the following three cases:

  • CBP officers seized $18,565 from a passenger boarding a flight to Istanbul, Turkey Sunday. Officers discovered the unreported currency in the travelers checked baggage, carry-on bag and cellular phone case.
  • CBP officers seized $20,710 from a family boarding a flight to Ankara, Turkey Sunday. Officers discovered the unreported currency in the family’s baggage.
  • CBP officers seized $17,210 from a couple boarding a flight to Accra, Ghana Sunday. Officers discovered the unreported currency in four envelopes inside their baggage.

Travelers in all three cases were U.S. citizens. None was arrested.

Travelers may carry as much currency as they wish into and out of the United States. None of the currency is taxed. Federal law requires that travelers who possess $10,000 or more in currency or monetary instruments must report it to a CBP officer and complete a U.S. Treasury Department financial form.

“Customs and Border Protection urges travelers to be completely honest during CBP inspections, including by truthfully report all of their currency,” said Daniel Mattina, CBP Area Port Director for the Area Port of Washington Dulles. “The best way for travelers to hold onto their currency is to fully comply with our nation’s currency reporting laws.”

In each case, CBP officers afforded the travelers multiple opportunities to truthfully report all currency.

Did you fail to report more than $10,000 in cash to CBP?

If you fail to report more than $10,000 in cash to CBP, your money could be seized. If your money has been seized for a failure to report, you should contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

Dulles Does it Again: CBP Seizes $42k in Cash to Ghana

Dulles CBP seized $42,000 in cash from a man going to Ghana. As the story (original here) below explains, the man only reported $8,000 verbally; then he wrote down $15,000 on his FinCEN 105 form; then, they brought the dogs out. When the dogs were done, they found a total of $42,606 and €240.

Although bulk cash smuggling and failing to report currency are both crimes, not everyone is criminally charged. A person still faces civil forfeiture of the cash involved in the violation, even if not criminally charged. In this case, it was a catch and release; they caught him, seized the money, and released him to continue on his trip. He will be able to get at least some of the money back if he can show it came from a legitimate source and had a legitimate intended use. Here’s the story, with pictures:

U.S. Customs and Border Protection (CBP) officers seized more than $42,000 from a man boarding a flight to Ghana Tuesday at Washington Dulles International Airport.

CBP officers seized $42k from Ghana-bound man
November 7, 2017 at Washington Dulles
International Airport

The man, who CBP has not named because he was not criminally charged, initially reported to officers that he possessed $8,000.  After officers advised the man of U.S. currency reporting regulations, the man wrote that he possessed $15,000 and he completed a financial reporting form.

A CBP currency detector dog then alerted to bulk currency in the man’s carry-on baggage.  The man then produced $2,480 in U.S. currency and 240 Euros from his jacket, $10,216 from his backpack, and $710 from his front pants pocket.

CBP officers then discovered a package that contained $8,000, an envelope that contained $8,000, and an additional $13,200 inside a pouch, all concealed inside his backpack.  The total amount of currency the man possessed equaled $42,606 in U.S. dollars and 240 Euros.

Following the currency seizure, CBP officers returned $406 in U.S. currency and 240 Euros to the man and released him to continue his journey.

This is the second significant currency seizure from a Ghana-bound traveler in two months.  On September 23, CBP officers seized $150,228 in unreported currency at Washington Dulles International Airport.

Has Dulles CBP seized your cash?

If Dulles CBP seized your cash, beware that you stand to lose a lot of it because of their aggressive penalization of bulk cash smuggling and structuring offenses. You should read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

 

$150,000 laid out on a table at Dulles airport after the cash was seized by Customs

3rd Largest Dulles Customs Cash Seizure of $150,000

CBP in Dulles recently made a very large cash seizure from an airline passenger headed to Ghana. It is CBP at Dulles Airport’s third largest seizure since 2003.

Here is the story, without comment, as shared by CBP:

While conducting an outbound enforcement operation, U.S. Customs and Border Protection (CBP) officers seized more than $150,000 in unreported currency from a Ghanaian man on Saturday at Washington Dulles International Airport.

The man, who CBP has not named because he was not criminally charged at this time, reported to officers that he possessed $10,000.  The man reported that currency on a financial disclosure form and presented $10,000 in a zippered bag along with $200 and 100 Ghana cedis in his wallet.  During a baggage examination, CBP officers discovered $40,000 concealed inside a pair of pants, and another $100,000 concealed inside a pair of sweatpants.

The total currency the Ghanaian man possessed equaled $150,228.  CBP officers returned $2,228 to him as a humanitarian release so that he may continue his travel.

This is CBP’s sixth largest currency seizure at Dulles since CBP’s inception in March 2003, and the second largest currency seizure in the past 13 years.  The top two currency seizures, of $318,519 and $303,031, occurred in 2003, and more recently, a $156,023 currency seizure in 2014 tops this seizure.

And for the pictures:

$10,000 cash in a zippered bag/purse seized by Customs

 

$150,000 laid out on a table at Dulles airport after the cash was seized by Customs

Has Dulles CBP seized your cash?

If Dulles CBP seized your cash, beware that you stand to lose a lot of it because of their aggressive penalization of bulk cash smuggling and structuring offenses. You should read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

Piles of cash seized by CBP officers at Philadelphia airport.

$93k Seized by Philly CBP

I’ve had limited time to blog about customs law lately, but there was a large currency seizure out of Philadelphia reported about 2 weeks ago. At $93,000, it is among the largest of the run-of-the-mill failure to report/bulk cash smuggling cases that I’ve seen at the nation’s airport.

Usually, these types of seizures are typically between $10,000 and $40,000, but sometimes larger; therefore, moving $93,000 out of the country likely took customs officers seizing the cash at the airport by surprise.

Here’s the story:

U.S. Customs and Border Protection (CBP) officers seized more than $93,000 from a Qatar-bound family for violating federal currency reporting regulations Tuesday at Philadelphia International Airport.

CBP officers conducted an inspection on departing international passengers and encountered a man, his wife and their five children.  Officers explained the currency reporting regulations to the family and the father reported verbally and in writing that they possessed $12,000.  During the inspection, CBP officers discovered a combined $93,393 concealed on the man’s, the woman’s, and their adult child’s bodies.  CBP officers seized the currency.

CBP officers returned $3,393 to the family and released them to continue their journey.

So this airport seizure involved 7 people — a husband, wife, and 5 children. The phrase “concealed on . . . their . . . bodies” does not bode well for this family. Recall, the consequences a failure to report are less than when the offense involves bulk cash smuggling (i.e., concealing the cash with the intent of avoiding the currency report).

Has Philly CBP seized your cash?

If Philly CBP seized your cash, read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

 

 

U.S. Money Seized by Customs (CBP) Stacked on a Table with Envelopes

CBP Seizes Money for Currency Reporting Violations at Dulles & BWI Airports

CBP seizes more than $32,000 for currency reporting violations at Dulles and BWI airport last week. The news release reveal the travelers were a U.S. citizen and a Nigerian citizen, and were involved in two separate currency reporting incidents.

Before getting into the details, the news release explains:

“Federal currency reporting requirements are simple.  International travelers can carry as much currency as they wish into and out of the United States, but they must report all U.S. and foreign monetary instruments totaling $10,000 or greater on a U.S. Treasury Department financial form.  None of the currency is taxed.”

All true, except the reporting requirement applies to “more than $10,000” not “$10,000 or greater.” The story gives some good details on each of the seizures cases:

On Friday, CBP officers seized $13,821 from a Nigerian citizen at BWI.  He reported to CBP officers that he possessed $9,000.  During a secondary examination, CBP officers discovered British pounds concealed inside a carry-on bag.  The traveler then tossed a wad of rolled up currency on the examining table.  The currency, which consisted of dollars, pounds and Euros equaled $13,821.  CBP officers seized the currency and returned $500 to the traveler for humanitarian purposes.

“The traveler then tossed a wad of rolled up currency on the examining table” after reporting he had $9,000. The wad totaled $13,821. If this traveler had read our article about a case in Miami, he would have known that throwing money at CBP is not the same as reporting it.

The other incident reveals how unhelpful CBP can be at times.

On Thursday, CBP officers seized $18,578 from a U.S. citizen who arrived to Dulles on a flight from Dubai. She initially reported that she possessed $10,000. CBP officers found additional currency and checks during a secondary examination. CBP officers released $322 and two checks totaling $56 for humanitarian purposes.

$322 in humanitarian relief is pretty good. But $56 in two checks? I’ve had clients left with nothing after a seizure. Not even enough change to pay for a baggage cart. I can imagine how grateful this person was to receive two checks that totaled $56. The real reason they returned the checks was because they weren’t worth much, and CBP did not want to go through the trouble of depositing them and including them as part of the seizure

If you had cash seized for a currency reporting violation, make use of our free customs money seizure legal guide or contact us for a free currency reporting violation consultation!

A pile of $20 bills on a table.

CBP Seizes Structured Cash at Dulles

CBP Dulles seized over $23,000 that was unlawfully structured and not reported. Below, the story from CBP, explains that the a man was leaving the United States for South Africa and reported only $9,000, when he really had more than $13,000. This is the second recent story about a cash seizure at Dulles for from someone traveling to South Africa.

To make matters worse, CBP discovered that he was traveling with his sister, who was carrying another $10,000 for her brother. At Dulles airport, a structuring offense means a hefty penalty even if legitimate source and intended use of the documentation is presented.

Here are the interesting parts of the story, as told from the perspective of CBP Dulles:

STERLING, Va. — U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized over $23,000 from a South Africa-bound traveler on Thursday for violating federal currency reporting regulations.

During an outbound inspection, a CBP currency detection canine alerted to the carryon bags of a U.S. citizen.  The man, both verbally and in writing, declared to CBP officers that he possessed $9,000; however, $13,267 was discovered in his bags and on his person.  During the course of the inspection it was determined that he was traveling with his sister, a Ghanaian citizen.  An additional $10,000 in unreported currency was found in her bags which the man stated belonged to him.  The officers seized the $23,267, returned $667 to the man for humanitarian relief, and advised him how to petition for the return of the currency.  The travelers were then released to continue their journey.

Did you structure cash seized by CBP?

If you structured cash that was seized by CBP, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

 

A picture of nearly $150,000 in cash seized by CBP laid out on a table

Seizures of undeclared cash from Chinese nationals on the rise

In “Seizures of undeclared cash spike at Vancouver International Airport“, reporters for The Globe & Mail did a lot of good reporting work and present interesting information on customs cash seizures from Chinese nationals occurring in Canada.

For instance, in the past 3 years customs seized $13 million dollars from 792 Chinese nationals passing through the airport. The average seizure was $17,000. The substance of the article is that these people are bringing the money into the country to get it out of China’s economy (which they fear may crash), to buy homes and/or invest in real estate. This has artificially inflated the property values in cities like Vancouver, and the government there imposed a tax on foreign purchasers of real estate to cool the market. We’ve previously blogged about this in Cash From China Seized Due to Capital Controls and Why some Chinese travel with cash leading to airport seizures.

If you’re interested in customs cash seizures, you should definitely check out the entire article. However, I’ll quote what I find most interesting below:

As Vancouver’s housing market began sizzling, border guards at the nearby international airport were seizing millions of dollars in undeclared cash from Chinese citizens, with total amounts jumping 50 per cent in each of the past three calendar years, government data show.

According to the information, released to The Globe and Mail by a New Democrat MLA, during that period, border guards confiscated more than $13-million in hidden currency from 792 Chinese people passing through Vancouver International Airport, which is Canada’s second-busiest after Toronto. The average person had $17,000 in hidden bills, bank notes or drafts.

That is in addition to the $323-million declared at the airport by 20,000 Chinese citizens or passengers on flights to and from that country, during roughly the same period, according to data released to The Globe through a freedom of information request.

Experts say these sums of hidden and declared money, which dwarf the funds brought through the airport from other countries, were likely carried by some of the 922,000 people from China recently given 10-year temporary visas, which allow them to visit for up to six months at a time.

Former RCMP investigator and financial crimes specialist Kim Marsh said many travellers bring large amounts of money – or bank notes or drafts – instead of transferring them through institutional routes because they want to avoid paying taxes in Canada and get around Chinese currency laws that make it illegal for the average citizen to take more than $50,000 (U.S.) a year out of that country.

[ . . . ]

Daniel Kiselbach, a Vancouver-based tax litigator, said the vast majority of Chinese citizens bringing large amounts of cash into B.C. are “just trying to get along in life and they have legitimate reasons for having the money in their possession,” such as buying gifts for family members or paying for living expenses at university.

He said that these visitors have many disincentives to report their assets to the Chinese government and are likely just as suspicious of how information on their finances will be handled in Canada.

“Maybe that would get back to the Chinese government, I don’t know,” Mr. Kiselbach said.

Two years ago, Mr. Kiselbach tried to get Ottawa to divulge whether it has an agreement to share such information with China, as it does with the United States and other Commonwealth countries. Canada Border Services Agency does not make these agreements public, he said.

Vancouver MLA David Eby, housing critic for the opposition New Democrats, said he is concerned that the amount of cash seized from Chinese citizens at YVR rose from $2.8-million in 2013 to $6.4-million last year.

[. . . ]

Anyone can bring as much money as they want in or out of Canada as long as they declare any sum of $10,000 or more – otherwise it could be seized. Border guards at Vancouver airport confiscated $19-million in undeclared cash from 2013 to 2015, with almost three quarters of it belonging to Chinese citizens. (Upwards of 3,200 passengers arrive each day from flights originating in Hong Kong and mainland China, according to data from the airport.)

Experts say Chinese travellers could have several reasons for not declaring assets.

Mr. Kiselbach added that CBSA likely ramped up the scrutiny on Chinese passengers because it gives increased attention to citizens from countries deemed a high risk for activities such as money laundering and financing terrorism.

Hayley Howe, an anti-money laundering expert at Vancouver-based consulting firm MNP, said many foreign visitors may be unaware of Canada’s currency reporting requirements or unable to read the customs form properly when they enter or exit the country.

Has U.S. Customs & Border Protection  seized your cash?

If U.S. Customs & Border Protection has seized your cash, you need a lawyer. 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.