Tag: failure to report

Over $500,000 seized by Customs storedi n clear evidence bags

Customs Took $500k Cash at San Juan

There is a lot of cash that passes through the nation’s airports and seaports carried by a lot of people. As we have shown through the years here at this customs cash seizure blog and in our many articles about the procedures for getting back cash taken by Customs, sometimes that money is from illegal and illegitimate sources (i.e., the proceeds of a crime).

In a recent case, Customs in San Juan Puerto Rico confiscated nearly a half million dollars in two separate money seizure incidents. The full story is quoted below, but note these interesting points:

  • $350k was concealed within the rails of 9 suitcases, but the woman only reported carrying $1,600
  • $214k was concealed under the carpet of a cargo van, the male driver reported only carrying $4,000

On to the story:

SAN JUAN, Puerto Rico – U.S. Customs and Border Protection Officers seized over $500K in undeclared currency in two separate incidents at the Port of San Juan and the Luis Munoz Marin International Airport.

On Mar. 30, during luggage inspections authorized by federal law, CBP officers found US currency concealed within the rails of nine suitcases.

Rudi Alfonso Hernandez-Simon, 52, a citizen of the Dominican Republic failed to declare accurately having in his possession a total of $353,372. 

Mr. Hernandez-Simon, who also had a carry-on bag and one (1) backpack, declared to be transporting approximately $1,600.  

On Apr. 1, CBP officers inspecting outbound vehicles to be transported onboard the ferry M/V KYDON, bound to Santo Domingo, selected a Ford E-350 cargo vehicle for further examination.

The driver, a legal permanent resident with citizenship from the Dominican Republic, declared being in possession of $4,000. 

A CBP K-9 discovered thirteen (13) packages of US currency concealed under the carpet, between the driver and passenger seats, totaling $214,037. 

“Travelers can carry any amount of currency or monetary instruments into or out of the U.S. However, if the quantity is $10,000 or higher, they must formally report the currency to CBP,” indicated Edwin Cruz, San Juan Area Port Director.   “Failure to report may result in seizure of the currency, penalties and/or arrest.”

In each incident, CBP seized the currency under failure to declare and bulk cash smuggling laws.   U.S. Homeland Security Investigations (HSI) special agents arrested Mr. Hernandez-Simon who appeared before the US District Court in San Juan.  HSI will proceed with an investigation for both cases.

CBP Seizes $18,000 in Abu Dhabi, UAE

CBP seized about $18,000 from a set of travelers traveling to the United States from the United Arab Emirates.

That’s not unusual but might be surprising to some, because most seizures occur on U.S. soil either at the time of departure, or at arrival. CBP operates “preclearance” centers in a few spots around the globe. The idea of the preclearance center is to do the customs work before the person ever steps on U.S. soil, so that upon their arrival, they do not have to go through customs at all, because it was already done in the country of departure.

It’s not too unusual, because since October 1, 2018, CBP has seized more than $2 million from passengers at pre-clearance centers for violations of the currency reporting requirements.

The Wikipedia article says that CBP officers operating on foreign soil do not have the full power of search and arrest that they enjoy in the United States, and so most things must be done with the consent of the passenger:

Since CBP does not have legal powers on foreign soil, passengers can be detained for local laws only by local authorities. Passengers can choose to abandon their flight and refuse search, and unlike in the United States, officers cannot search them. Most preclearance facilities have a sign explaining so.

https://en.wikipedia.org/wiki/United_States_border_preclearance

The particulars of these case, beyond the fact that it happened in the UAE, are not different from situations we usually blog about. So, on to the story:

ABU DHABI, United Arab Emirates – U.S. Customs and Border Protection (CBP) officers at Abu Dhabi Preclearance seized $18,357 in unreported currency, Feb. 18. 

A U.S. couple and another family member were traveling to Wisconsin and Iowa respectively when CBP officers working at the Preclearance facility asked the family for a currency declaration.  The family reported carrying $8500.

When CBP officers requested the family complete the required FinCEN Form, the family group amended the currency amount to $17,000.  However, during the baggage examination, CBP officers discovered the U.S. couple was carrying $18,357. 

“International travelers can carry an unlimited amount of money into or departing from the U.S., but they are required to report traveling with currency over $10,000,” said CBP Preclearance Director of Field Operations Clint Lamm.  “Those who refuse to comply with the federal reporting requirements risk having the currency seized.”

The travelers were given multiple opportunities to truthfully report the amount of money they were carrying.  CBP officers seized $17,357 and the group was allowed to continue their travel.

In FY 2019, CBP Preclearance has seized nearly $2 million in unreported currency from travelers refusing to provide a truthful declaration.

CBP officer revealing $27,500 concealed in a traveler's backpack, seized for bulk cash smuggling and not reporting

$57,000 in Cash Seized from Beninese Travelers

Recently, CBP seized a large amount of money arriving into the United States because it was not reported. The seizure occurred when CBP stopped a Beninese couple who had arrived in the United States from Belgium.

Upon being asked, they reported less than $10,000. Then they changed the story to $9,500 and €19,000.

Of course, that turned out not to be the whole truth.

Instead, they had more than $15,000, more than €35,000, and about $1,235 in West African Francs (an interesting monetary union, that).

The worst news for this couple is that there is a very clear presumption that the money was hidden because the money was not just in several envelopes, but within the luggage inside pant and suit pockets, and on the woman’s body.

At Dulles airport, that means it’s bulk cash smuggling. And bulk cash smuggling at Dulles airport means that if you get any money back (by proving legitimate source and intended use), you lose about half of it as a penalty.

Here is the full story from CBP Dulles:

STERLING, Virginia — U.S. Customs and Border Protection (CBP) officers seized nearly $57,000 in unreported currency from a Benin couple Thursday at Washington Dulles International Airport.

The couple, who arrived on a flight from Belgium, initially told CBP officers that they possessed less than $10,000. After officers advised them of U.S. currency reporting laws, the couple reported verbally and in writing that they possessed $9,500 and 19,000 euros.

During an examination, CBP officers discovered $15,765 in U.S. dollars, 36,095 euros and 722,000 West African francs for a combined equivalent of $56,985 in U.S. dollars.  Officers discovered the currency in several envelopes, inside pants and suit pockets within their luggage, and during a patdown of the female traveler.

It is legal to carry large sums of currency in or out of the United States. 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 when entering or leaving the country.

“Customs and Border Protection officers know that concealed bulk currency is oftentimes proceeds from alleged illicit activity and is used to fund transnational criminal organizations,” said Casey Durst, CBP’s Field Operations Director in Baltimore. “This currency seizure reflects CBP’s continuing commitment to enforce all U.S. laws, including federal currency reporting laws, at our nation’s international ports of entry.”

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

CBP officers seized the currency. Officers then returned the 722,000 West African francs, equivalent to about $1,240, to the couple for humanitarian relief, and released the couple to continue their visit.

https://www.cbp.gov/newsroom/local-media-release/dulles-cbp-seizes-nearly-57k-unreported-currency-benin-travelers
Stacks of Cash at Dulles Airport Seized by Customs for Violating the Currency Reporting Requirements

Dulles Currency Seizure to Ghana

This week, CBP officers at Dulles reported a couple instances of drug seizures at Dulles airport, along with a pretty big cash seizure from a man who was going to Ghana.

The man was stopped by CBP on his way out of the United States, and he was asked to report the amount of currency he had. Verbally, and in writing, he reported carrying $6,500; however, he was actually transporting $67,127.

That’s bad news for him. As I always mention, Dulles is pretty tough on people who carry cash and refuse to report actual amount when asked. At many CBP ports, this man would only end up with a violation of 31 USC 5316 for failure to report the cash; however, I’m nearly certain that at Dulles airport he’s going to end up with a violation of 31 USC 5316 and 5332 for bulk cash smuggling.

This will likely mean that even if he proves the money came from a legitimate source and had a legitimate intended use, he will face a steep penalty of at least 50% of the amount seized, leaving him with only $33,500.

Here’s the story:


U.S. Customs and Border Protection (CBP) officers enjoyed a bountiful enforcement weekend with the seizure of 353 pounds of khat, 112 pounds of Tetracaine Hydrochloride, and more than $67,000 in unreported currency at Washington Dulles International Airport.


Additionally, CBP officers seized $67,127 from a U.S. citizen bound for Ghana Friday. The man reported verbally and in writing that he possessed $6,500. Officers discovered the currency inside his carry-on bag and concealed within clothing in his checked baggage.


Officers returned $1,127 to the man as humanitarian relief and released him to continue his journey.

https://www.cbp.gov/newsroom/local-media-release/khat-currency-and-cocaine-cutting-agent-seizures-highlight-busy-weekend

STERLING, Virginia –

CBP officer revealing $27,500 concealed in a traveler's backpack, seized for bulk cash smuggling and not reporting

Dulles CBP Seizes $53k in Cash

Dulles does it again, seizing $53,000 from two different people at the time they left the United States.  

In one incident, when stopped before leaving on a plane from the United States to Cameroon, a man reported having $26,000, but was found to have $36,668. 

In the other incident, a man and his family were leaving for Sudan. They reported having $11,000, but in fact, they had $16,500.

In the first instance, the presence of “six envelopes” tells me that this man was probably carrying money back to Cameroon for other people, probably to help family members suffering Cameroon’s civil war.  If that was the case, there’s probably a good chance he wasn’t told exactly how much was in the envelopes, leading to his under-report of the money.

In the second instance, the fact that the family was traveling together tells me that — as almost always happens in my client’s cash seizure cases — someone did not count all their money, or did not consider some part of money to be required to be reported (i.e., an adult daughter traveling with a few extra thousand dollars of her own, not thinking she needed to report her money as part of the group because she’s an adult). These situations can be messy; sometimes money should be reported, sometimes not; it ends up being the word of the violator against the word of the CBP officer who seized the cash.

In each case, though, once someone is boarding the plane and has not already voluntary made the report to CBP, a violation of the reporting requirements of 31 USC 5316 have already occurred. So whether the report was accurate or not is technically not important: by having to be prompted to report currency by a CBP officer while boarding a plane, you are as good as caught, because you obviously have the intention to not report the money in the small physical space between the ticket counter and the gangway.

Here’s the full story:

STERLING, Virginia — U.S. Customs and Border Protection (CBP) officers seized nearly $53,000 during two outbound currency examinations Thursday at Washington Dulles International Airport.

CBP is not releasing the travelers’ names because none were criminally charged.

While inspecting passengers boarding a flight to Belgium, CBP officers seized $35,688 from a Cameroon man who reported that he possessed $26,000. Officers discovered a combined $27,500 in six envelopes in a backpack, and an additional $7,500 in the man’s carry-on bag. Officers retained $34,000 and released $1,688 to the man for humanitarian purpose.  

While inspecting passengers boarding a later flight to Turkey, CBP officers seized $17,122 from a U.S. family bound for Sudan. The family reported that they possessed $11,000. Officers retained $16,500 and released $621 to the family for humanitarian purpose.

In both cases, the passengers were released to continue their travel.

Travelers may carry as much currency as they wish into and out of the United States.  Federal law requires that travelers 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.

“Customs and Border Protection encourages travelers to be completely honest when reporting all their currency during an inspection with a CBP officer, or they may incur civil or criminal penalties,” said Casey Durst, CBP’s Field Operations Director in Baltimore.  “CBP officers conduct outbound examinations to safeguard the revenue of the U.S., and to intercept potentially illicit proceeds that support transnational criminal organizations.”

https://www.cbp.gov/newsroom/local-media-release/dulles-cbp-seizes-53k-unreported-currency-two-departing-sets-travelers

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.