Tag: failure to report

Customs in Philadelphia Seizes $27k in Unreported Currency

Another news release from customs demonstrates why you should make a truthful declaration to customs when carrying over $10,000 to avoid a customs money seizure. In this instance, a husband and wife were travelling together and between each of them, they possessed over $27,000 in various currencies located in different envelopes. After verbally reporting $6,000, he later reported $16,000 in writing. It’s important to remember that the currency declarations and requirement to report travelling with more than $10,000 applies to all currencies, both foreign and domestic.

As with most cases of this type, it involves questions of potential structuring violations (dividing money up between multiple people to avoid the reporting requirement), bulk cash smuggling (customs will often try to say that concealing the currency in anything shows an intent to smuggle, even if it’s just in an envelope in your luggage in different locations). In order to get their money back, they will need to demonstrate a legitimate source and legitimate intended use and they can do this by filing  a petition.

The story:

Philadelphia – U.S. Customs and Border Protection (CBP) officers seized nearly $27,000 from a Ghana couple Sunday at Philadelphia International Airport after they failed to truthfully report the total currency they possessed.

Neither was criminally charged.

The couple arrived from Germany and was referred to a secondary inspection. The man verbally reported possessing $6,000. After CBP officers explained federal currency reporting requirements, the man then wrote down that he possessed $16,000. During a baggage examination, CBP officers discovered multiple envelopes that contained U.S. currency, British pounds, Swiss francs and Ghana cedi. Officers verified the total currency as $27,431.30. Officers returned $500 to the couple for humanitarian purposes and seized the remaining $26,931.30. Officers released the couple to continue their visit.

There is no limit to how much currency that travelers can bring into, or take out of the United States. Travelers are required to formally report amounts of $10,000 or more in U.S. dollars, equivalent foreign currency, or other monetary instruments.

“CBP derives no great pleasure from seizing travelers’ currency. However, there are consequences for failing to comply with U.S. currency reporting laws,” said Tarance Drafts, acting CBP Port Director for the Area Port of Philadelphia. “We hope that all travelers are honest with CBP officers and truthfully declare the total currency they possess or other things that they are bringing from overseas to the U.S.”

If you have had money seized by customs call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

 

Customs Money Seizure Daily Averages 2013

U.S. Customs published some interesting numbers on customs money seizures for failure to report amounts over $10,000 (or, bulk cash smuggling, structuring, or just plain counterfeiting). Every year customs gives a report on their operations for the previous fiscal year’s activities; it’s interesting if you’re into that sort of thing.

The numbers are based on daily averages for the fiscal year. On average day in 2013, customs processed 992,243 people at 328 ports of entry and customs seized $291,039 in undeclared money or illicit currency. This is about the same as the daily average  for 2012, where customs processed 963,121 people at 329 ports of entry and averaged $274,065 in daily money seizures.

If you have had money seized by customs call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  11. Targeted Enforcement for Customs Money Seizures

Targeted Enforcement for Customs Money Seizure

How does customs target people for money seizures?

There are certain groups of people who are more likely to be transporting large amounts of money through airport customs. For example, people who come from largely cash based economies and people who for cultural reasons, do not trust banks or prefer to pay with and keep cash on hand. Walking around with more than $10,000 in cash is hard for a lot of Americans to understand because credit is easy and we are notoriously bad savers. I suspect many American’s would not think twice about having a $10,000 balance on their credit card, but those same people would be shocked to hear about someone walking around with $10,000 in cash.

Another example of people who are more likely to be transporting large amounts of money through customs are those travelling to the U.S. for an extended vacation or are staying for a long time to attend a university, work an internship, or immigrate from China, Korea, Iran or Indonesia, for example, and make a permanent residence in the United States . They might be carrying money with them to pay for tuition (which usually cannot be paid by credit card), books, expenses related to renting an apartment, buying car, purchasing health insurance, etc.

Why does customs target certain groups for money seizures?

From the perspective of customs, targeted enforcement of the more than $10,000 currency reporting requirement makes sense and any diligent customs officer who wants to make sure the currency reporting laws are enforced is going to target certain people de-planing from flights from certain countries or parts of the world.

Extended vacationers are easy to target by customs. Customs may review your itinerary (e.g., one way or return flight) and ask about the purpose of your visit to the United States. So when a customs officer asks, “How long are you staying in the United States?” and the response is, “A month,” one of the next few questions likely to be asked is going be, “And so how much money are you travelling with?” If you look nervous, or if they just do not believe you, there are likely going to search you and your luggage in a secondary inspection to verify whatever you tell them about how much money you are transporting.

What’s an example of a group targeted by customs for currency reporting purposes?

The Chinese New Year is coming up (1/31 to 2/6) and traditionally, Chinese people visit relatives and give cash gifts in red envelopes, called hongbao, during this holiday. You can read more about

Red Envelope (hongbao) Customs Money Seizure
Cash Filled Hongbao – Red Envelopes

this interesting cultural practice at Wikipedia. Chinese people living in the United States also celebrate the Chinese New Year. Chinese nationals travel to the United States to visit their family living here and bring with them hongbao red envelopes stuffed with cash from relatives back in China. It might be in certain “lucky” denominations, it might be for a wedding, a new baby, or just to help a young family out.

As a result, Customs might target flights from China for enhanced enforcement of the currency reporting requirement near and during the Chinese New Year and seize money for failure to report, bulk cash smuggling, or structuring violations (multiple red envelopes being transported on behalf of multiple relatives). Chinese nationals coming to the United States during the Chinese New year celebrations are probably going to be targeted by customs to make sure that they are reporting any amount over $10,000 in currency they are transporting into the United States, or if they fail to report, customs will seize their money and tell them to file a petition to get it back.

Customs seized my money! What do I do now?

If you have had money seized by customs please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Las Vegas, Orlando and many other places, and not just locally in Detroit.

Please read these other articles from our customs law blog:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

 

Philly CBP Seizes a Combined $96K from Two Women Heading to Jamaica on Consecutive Days

A sure way to ruin your vacation to Jamaica is by failing to correctly report the amount of currency you are transporting from the United States. Any failure to report, or mis-report, of the amount of currency you transport makes the currency subject to seizure and forfeiture. Customs released some details of some unlucky travellers who had their money confiscated by customs:

Philadelphia — U.S. Customs and Border Protection (CBP) officers seized a combined $96,683 from two women heading to Jamaica on consecutive days this weekend for violating federal currency reporting regulations.

CBP officers stopped the first woman as she attempted to board a flight to Montego Bay Saturday. CBP officers explained federal currency reporting regulations to the woman and

 

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she reported that she possessed $4,900. A CBP examination of both the woman’s carry-on bag and her checked luggage revealed a total of $65,643, including some currency concealed inside children’s shoes.

The following day, CBP officers stopped another woman boarding the Montego Bay-bound flight. After CBP officers explained the currency reporting regulations, the woman reported $5,000 to $6,000. She then removed an envelope from her carry-on bag that contained $10,700. CBP officers then discovered an additional $13,340 in the woman’s carry-on bag. The woman then admitted that there was additional currency in her checked luggage. CBP officers counted a total of $31,040

Neither woman was criminally charged. CBP officers seized the currency and released the women.

There is no limit to how much currency that travelers can bring into, or take out of the United States. Travelers are required to formally report amounts of $10,000 or more [NOTE: Wrong again, it is more than $10,000] in U.S. dollars, equivalent foreign currency, or other monetary instruments.

“These are two very expensive lessons that these women learned, and we hope that this experience entices other travelers to truthfully report to Customs and Border Protection officers the total amount of currency that they bring to the U.S., or intend to take from the U.S.,” said Tarance Drafts, acting CBP port director for the Area Port of Philadelphia. “CBP derives no great pleasure from seizing travelers’ currency. However, there are severe consequences for failing to comply with our nation’s laws.”

CBP’s Port of Philadelphia seized $1,319,195 in unreported currency during Fiscal Year 2013, (Oct. 1, 2012 – Sept. 30, 2013).

In both cases, CBP officers were conducting routine enforcement operations on outbound international flights.

CBP routinely conducts such inspections on arriving and departing international passengers and cargo, and searches for terrorist weapons, dangerous drugs, unreported currency, counterfeit merchandise, prohibited agriculture, and other illicit products.

If these women weren’t up to anything illegal, then having their money seized by customs was totally avoidable. They would have had to file the currency report, and demonstrate a lawful source for the money and lawful intended use. In cases of a civil customs money seizure as here, a person can file a petition for remission for the return of the currency. 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.

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

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Customs in Philadelphia Seizes Money for Violation of Currency Reporting Laws

A customs news release relates the tale of two travelers who had their money seized by customs at the airport for a failure to report the currency they were transporting. As you will read, the father and son were travelling together and therefore customs lumped the currency each of them were carrying together. The story does not explain how much cash was found on each person individually, but it could have a bearing on whether or not seizure was proper and even if it was, it could affect the penalty that is owed through the customs mitigation guidelines for currency seizures.

This story raises questions in my mind of structuring and who needs to make the report when more than one person is transporting more than $10,000 across the border. I would not be surprised if customs also alleges a structuring violation in the CAFRA notice of seizure document. These folks should hire a customs lawyer to help them get their seized currency back from customs. On to the story:

(Tuesday, December 31, 2013) Philadelphia – An Israeli father and son learned a very difficult lesson Friday at Philadelphia International Airport after U.S. Customs and Border Protection (CBP) officers seized $27,648 that they failed to truthfully report to officers.

The two men, who arrived from Cancun, Mexico, repeatedly reported to CBP officers that they possessed about $6,000. CBP officers conducted a currency verification and determined that the pair were in possession of $19,020 in U.S. dollars and 5,850 in Israeli shekels for a combined total of $27,648 in U.S. or equivalent foreign currency. [EDITOR’S NOTE: The currency reporting requirement applies to US and foreign currency. Foreign currency is counted in USD at the prevailing exchange rate, so you have to be careful].

Neither man was criminally charged. [EDITOR’S NOTE: This is a civil customs money seizure so they can file a petition to try to get get their money back.] CBP officers seized the currency and released both men to continue their visit.

There is no limit to how much currency that travelers can bring into, or take out of the United States. Travelers are required to formally report amounts of $10,000 or more  in U.S. dollars, equivalent foreign currency, or other monetary instruments. [EDITOR’S NOTE:  This is, like many news releases, incorrect. The reporting requirement is only for more than $10,000 U.S., equivalent, or other instruments]

“CBP derives no great pleasure from seizing travelers’ currency. However, there are consequences for failing to comply with U.S. currency reporting laws,” said Tarance Drafts, acting CBP port director for the Area Port of Philadelphia. “We hope that all travelers are honest with CBP officers and truthfully declare currency or other things that they are bringing to the U.S.”

Privacy laws prohibit CBP from releasing names as neither subject was criminally charged.

CBP routinely conducts inspection operations on arriving and departing international passengers and cargo, and searches for terrorist weapons, illicit narcotics, unreported currency, counterfeit merchandise, and prohibited agriculture and other products.

Too bad for these folks, but they can act quickly, hire a customs lawyer, and respond appropriately to try to get their money released. If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Dulles CBP Seizes Over $13K in Unreported Currency

Customs does not stop seizing money from travellers at airports just because it’s the holiday season. On December 26, customs seized over $13,000 from a Ghanian man who failed to report transporting more than $10,000 from the United States at Dulles airport. The link is here. The serves as a reminder that the currency reporting requirements apply to persons transporting money both into or outside of the United States equally.

U.S. Customs and Border Protection (CBP) at Washington Dulles International Airport seized $13,585 from a Ghanaian citizen Thursday for violating federal currency reporting regulations.

The man, who was boarding a flight to The Netherlands, was interviewed by CBP officers. During the interview CBP officers explained the currency and monetary instruments reporting requirements and asked him numerous times how much money he was travelling with. He declared verbally and in writing possessing $8,700. A subsequent search produced a total of $13,585. The $13,585 was seized with $185 being returned to him for humanitarian relief.

There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

CBP officers advised the traveler how to petition for the return of his seized currency.

“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges,” said Christopher Hess, CBP port director for the Port of Washington. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

In addition to currency enforcement, CBP routinely conducts inspection operations on arriving and departing international flights and intercepts narcotics, weapons, prohibited agriculture products, and other illicit items.

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

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Increased travel = increased customs currency seizure

Increased travel for the holidays means increased opportunities for customs to seize your money for failing to report the transport of more than $10,000 into or out of the United States. You should protect yourself from seizure and ensure that you comply with all the laws related to entering or leaving the United States, but most especially for readers of this customs law blog, the curreny reporting requirements for the United States.

Customs warns in a recent news release for travel tips as follows:

With the holiday season in full swing, U.S. Customs and Border Protection is providing international travelers with the following helpful tips to ease travel angst when departing from or returning to the U.S.

[ . . . ]

Currency: There are no restrictions on the amount of money that can be carried into or out of the U.S. The only requirement is that if the amount exceeds $10,000, the currency must be reported on a “Report of International Transportation of Currency or Monetary Instruments” form (FinCEN 105). The completed form must be turned in to a

Detroit Metro Airport Currency Seizure
International Arrivals at DTW

CBP officer prior to departing the U.S. if carrying the currency out, or upon return if carrying the currency in. Failure to report currency can result in prosecution or severe penalties including forfeiture.

[ . . . ]

CBP Inspection Process: Understand that CBP officers have the authority to conduct enforcement examinations on travelers and their belongings when entering the U.S. Thorough examinations of luggage, personal belongings, and personal searches are meant to enforce U.S. laws as well as protect the nation.

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

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Customs Money Seizure in El Paso

Another day and another news release from customs about a recent customs money seizure. This currency seizure story comes from the land border crossing at El Paso, Texas. This story is interesting because even though the money was deeply concealed in the heater core of the vehicle the driver was nevertheless released. How could that be? It could be that the driver bought the car used and was innocently travelling to Mexico without knowledge of the presence of the concealed currency, or it could be that the concealment was not done with an intent to evade the currency and monetary instrument reporting requirement (as that would be bulk cash smuggling). People hide money all the time in order to thwart attempts at theft by others. That’s why banks have safes.

(Friday, December 13, 2013) El Paso, Texas – U.S. Customs and Border Protection officers and U.S. Border Patrol agents performing southbound inspections at the El Paso port of entry seized $83,900 Thursday. The money was hidden in a car that was leaving the United States.

“CBP outbound inspections are intended to stop the flow of unreported currency, weapons, ammunition and other export violations,” said CBP El Paso Port Director Hector Mancha. “Currency is the life blood for criminal organizations so anytime CBP can seize any amount it makes it harder for those groups to continue their illegal enterprise.”

The seizure was made just before 10 a.m. at the Bridge of the Americas when a 2002 Buick LeSabre attempted to leave the U.S. for Mexico. CBP officers and Border Patrol agents selected the vehicle for an exam. While CBP personnel interviewed the driver a CBP currency detector dog searched the vehicle and alerted to the vents. CBP continued their exam and located four plastic-wrapped bundles concealed in the heater core. The contents of the packages contained $83,900 in unreported currency. The money was seized. The driver was released and the investigation continues.

There is no limit to how much currency travelers can import or export; however, federal law requires travelers to report amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

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

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Customs Announces Expanded Filing of Joint Customs Declarations

Customs announced they recently took steps broadening the definition of who counts as a member of a family residing in one household for purposes of filing a joint customs declaration – form 6059B – when entering the United States. The news releases is HERE. That means the currency total is also broadened to include the aggregate amount of currency being transported by the household. A sample of the declaration form that this new definition applies to his HERE (see question #13).

This change is no doubt being brought as a result of the U.S. Supreme Court’s decision in United States v. Windsor,  570 U.S. ___ (2013) (Docket No. 12-307). The news release from customs reads:

Washington— U.S. Customs and Border Protection sent today to the Federal Register a Final Rule designed to broaden the definition of “members of a family residing in one household” to more accurately reflect relationships for U.S. citizens, residents and international visitors who are traveling together as a family. The expansion of the term will include long-term same-sex couples and other domestic relationships which would allow more returning U.S. citizens, residents and international visitors to file a joint customs declaration for items acquired abroad. The rule will be effective thirty days after publication in the Federal Register.

The change in regulation will create less paperwork for people who are traveling together as a family and will result in increased efficiency for CBP by streamlining passenger processing.

“Domestic relationship” would be defined to include foster children, stepchildren, half-siblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship.

Also included within the definition two adults who are in a committed relationship including, but not limited to, long-term companions and couples in civil unions or domestic partnerships where the partners are financially interdependent, and are not married to, or a partner of, anyone else.

“Members of a family residing in one household” will continue to encompass relationships of blood, adoption, and marriage.

The joint declaration form is the one on which most passengers arriving into the United States use to complete a list of purchases made abroad and make a declaration as to whether or not they are transporting more than $10,000 in U.S. Currency, and of the need to file the Currency and Monetary Instruments Report on form FinCEN 105.

I anticipate this new definition is going to give customs a wider net to enforce the currency reporting requirement, and thus may result in more cash seized by customs. Why? Because any two people travelling together who are in a “commited relationship” will now have to pool their currency and assets together for purposes of filing this declaration. How do you know a committed a relationship when you see it for purposes of making the snap decision whether or not they are to be considered as being of one household? It’s kind of a squishy definition. It’s this kind of calculus that is going to put some travellers over the $10,000.01 threshold reporting requirement and result in, my guess is, more cash seizures by customs.

UPDATE 12/18/13: The above final rule was published in today’s federal register (HERE). In the actual regulations, customs makes clear that a committed relationship “does not extend to roommates or other cohabitants not otherwise meeting this definition,” meaning that they must be financially interdependent. 19 CFR 148.34. That leaves a little less wiggle room. There are some other changes and some good comments and responses from CBP, such as the following quote:

Many commenters shared their own personal experiences upon their return to the United States and outlined what they perceived to be inconsistent and sometimes rude behavior by CBP officers. These commenters expressed their expectation that when the rule becomes final, CBP would apply the proposed definition consistently at all ports of entry.

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

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

CBP Seizes $82,000 in Currency

In a news release issued today from Customs we learn about a recent customs money seizure in Brownsville, Texas, that involves concealing the currency inside a vehicle. Because the news release does not contain the individual’s name involved in the bulk cash smuggling and failure to report offense, it seems likely that she was not ultimately arrested. This seems to be confirmed by the fact that the news release explains that, in order to get the seized money back from customs, you may file a petition and prove legitimate source and a legitinate intended use. See our selection of articles by our customs lawyer below the following excerpt for more on the process of getting your seized money back from customs.

U.S. Customs and Border Protection (CBP) officers conducting outbound enforcement operations at the Brownsville Port of Entry seized $81,864 in bulk U.S. currency.

“Vigilance in our outbound enforcement inspections is critical to our efforts of keeping undeclared currency from being exported without meeting proper reporting requirements. I commend our CBP officers for an outstanding seizure and arrest in this alleged bulk currency smuggling case,” said Michael Freeman, CBP Port Director, Brownsville.

On December 7, 2013, CBP officers working outbound enforcement operations at the Brownsville and Matamoros International Bridge came in contact with a 2002 Chrysler Town & Country as it attempted to exit the United States and enter Mexico. The female driver, a 42 year-old United States citizen from Brownsville, Texas was referred to secondary for further inspection. In secondary, a search of the Chrysler resulted in the discovery of three packages of bulk U.S. currency hidden within the vehicle.

CBP officers seized the currency; the driver has been transferred into the custody of U.S. Homeland Security Investigations (HSI) special agents for further investigation.

It is not a crime to carry more than $10,000, but it is a federal offense not to declare currency or monetary instruments totaling $10,000 or more [Editor’s Note: Actually, the law says more than $10,000] to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements. Failure to declare may result in seizure of the currency and/or arrest. An individual may petition for the return of currency seized by CBP officers, but the petitioner must prove that the source and intended use of the currency was legitimate.

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

Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?