Tag: failure to report

Cash Guns and Drugs Seized by Detroit Customs

Cash Seized by Detroit CBP, with Guns & Drugs

Posted by Jason P. Wapiennik on

Cash continues to be seized by U.S. Customs & Border Protection at the Port of Detroit, as the tweet from the Director of Field Operations below shows. In this case, the seizure of the money is likely for reasons other than failure to report the cash, but probably for bulk cash smuggling or violations related to money laundering or illegal activity (drugs/gun trafficking, etc.).

Here’s a tweet from the Detroit DFO (Director of Field Operations) for CBP:

This is a reminder that even if money is properly reported to CBP, they can still seize it for other reasons, with sufficient cause for seizure. In this case, someone traveling with cash, guns, and drugs is pretty obviously up to no good.

Has CBP Detroit Seized Your Cash?

If CBP Detroit seized your cash, we can help you just live we’ve helped over 425 people get back their seized money over the past 10 years. Read our helpful customs money seizure legal guide (or watch the videos) and contact us for a free currency seizure consultation by clicking the contact buttons on this page.

British Pounds and USD Seized by CBP at Dublin, Ireland Pre-Clearance

Passenger Fails to Report British Pounds at Dublin Pre-Clearance, CBP Seizes

Posted by Jason P. Wapiennik on

CBP Pre-Clearance operations in Dublin, Ireland, seized $61,000 worth of British Pounds that was being taken to the United States (without reporting it) by a traveller. It’s an interesting story because this seizure by United States Customs & Border Protection took place in Dublin, Ireland.

The story says its a seizure of money for not reporting it (i.e., undeclared cash), but if the sign in the background is to believed, the money was also smuggled (i.e. hidden, bulk cash smuggling).

This is possible because CBP operates “pre-clearance” centers where you go effectively go through U.S. customs before ever leaving country/airport you are travelling from. Back in 2006, before I knew anything about pre-clearance, I was processed through CBP’s Dublin pre-clearance center. It really caught me off guard to see uniformed CBP officer’s in the middle of Ireland.

Have you had money seized at CBP in Dublin Pre-Clearance?

If CBP in Dublin Pre-Clearance seized your cash, we urge you to call us for a consultation before considering doing it yourself. You probably will not be happy with the outcome if you do, based on their’ aggressive posture in most cases. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

CBP Seizes $45k Currency and Vehicle in Laredo

Posted by Jason P. Wapiennik on

Though money seizures from traveler’s have slowed at the nation’s airports due to the pandemic, such is not the case at our nation’s land-borders, especially with Mexico. As an example, today we bring our customs law blog’s audience Customs seizure of $45,000 in unreported cash heading to Mexico about a month ago. The story was also picked up by Breitbart (why this run-of-the-mill seizure merited their attention I can only guess).

In this case, not only the currency was seized, but also the vehicle. The people involved were not arrested, however. The seizure of the vehicle might mean that they suspect more was going on than just some people traveling with cash that they did not want to report; it could also be seized because it is what the cash was smuggled inside of… that is called bulk cash smuggling.

U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) officers working outbound operations seized over $45,000 in undeclared currency in a single enforcement act over the weekend.

“CBP’s national security mandate is complex, ranging from Anti-Terrorism to more traditional counter drug operations,” said Port Director Gregory Alvarez, Laredo Port of Entry. “This seizure of $45,157 is a direct reflection of our continuous commitment to enforce federal currency reporting requirements.”

On Friday, April 11, officers assigned to outbound operations referred a 2020 Toyota Avalon traveling to Mexico for examination. Upon physical inspection of the vehicle and subject’s personal belongings, packages containing $45,157 of undeclared currency were discovered. The vehicle and currency were seized by CBP.

The vehicle was seized and the case was turned over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.

Has Laredo CBP seized your cash?

If CBP in Laredo 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.

U.S. Customs & Border Protection Officer's uniform, featuring the seal of the agency.

Top 10 things to know after a U.S. customs (CBP) money seizure

Posted by Jason P. Wapiennik on

1. You should expect a CAFRA notice of seizure.

After a customs money seizure, you should expect to receive a CAFRA notice of seizure in the mail. This is different from the custody receipt for seized property you you should’ve received.

2. U.S. Customs is only required to “send” a notice of seizure in 60 days most of the time.

After the U.S. customs seizes money they must send a notice of seizure. In most cases, CBP is not required to confirm it was received, only that it was sent.

3. If CBP sends the notice of seizure and you don’t get it, or its late, your case will suffer.

Someone who has had customs seize cash usually has 30 days from the date on the CAFRA notice of seizure to respond to get money back administratively, or 35 days to take the case to court by filing a CAFRA seized asset claim form. If you do not receive the notice of seizure from Customs, the clock to respond and get your seized cash back from customs is still ticking. Waiting passively for CBP to send the CAFRA notice of seizure will jeopardize your case.

4. You can choose how your case will be handled through an election of proceedings form.

An election of proceedings form is enclosed with the notice of seizure. You must choose an option, sign and return the form as directed to contest your cash seizure case with customs. You should get a free currency seizure consultation before deciding how to proceed to get seized cash back from CBP.

5. Your case will go to court only if you or CBP seeks judicial forfeiture.

Typically the only way you can get your customs money seizure case before a judge is by properly filing a CAFRA seized asset claim form that is signed by you. The detailed instructions for this step are in the notice of seizure and the election of proceedings form.

6. An administrative petition for return of seized cash isn’t an apology letter or explanation.

If you choose to file an administrative petition for returned of seized cash it should not be in the form of an apology letter or explanation to Customs. A notice of seizure is a legal document and requires a legal response. If you admit to a crime or violation there is no way to take it back. If CBP chooses to criminally prosecute you, you will not be able to say you are innocent.

7. You must prove the money was legal.

Whatever election of proceedings option you select, you will have to prove the money seized by CBP was legal and came from a legitimate source. This is most typically done by including supporting documents like affidavits, tax returns, contracts, profit and loss sheets, bank statements, tax returns, business registration certificates, and proofs of employment or income with the administrative petition (if chosen as the option). Be careful not to undershare or overshare with Customs, or accidentally or unknowingly disclose other violations of the law.

Even if you prove the cash seized by CBP was from a legitimate source, you also have to prove that it was going to be used for a legal purpose. This can be a trip itinerary, proof of expenses, medical bills, leases, and other documents.

8. You must be patient; processing times vary by port, sometimes taking a year or more.

If you choose an administrative petition, offer in compromise, or claim, the process can take very long; sometimes a year or more. Doing everything right the first time helps prevent unnecessary delays.

9. Statements made to CBP can be used against you.

It is likely that when you were detained by CBP after the money seizure that you were read your “Miranda rights” and told that you had the right to remain silent. Any statements you made before you were detained and after you were detained and read your rights can be used against you.

10. You may be charged with a crime.

Failure to report cash to customs, structuring cash transactions, and bulk cash smuggling all carry with them civil and criminal penalties. You can be charged either civilly, criminally, or both.

$17,200 of seized cash spread out on a metal table

San Antonio CBP Seizes $32k Cash in 2 Incidents

Posted by Jason P. Wapiennik on

The travel restrictions in the United States due to coronavirus have severely limited travel, resulting in a decrease in CBP cash seizure activity due to decreased volume of travel. This is particularly true of air travel, and even the U.S Canada Border. However, that’s not as true at the southern border which is not hit as hard as the northern part of the country (especially Michigan and Chicago, where our offices are located).

In January, CBP reported on two cases where travelers’ from Mexico had money seized totaling about $32,000. The money was seized for cash structuring violations in both cases, which can result in increased penalties if legitimate source and intended use of the seized cash is proven.

The total amount seized from the travelers reached more than $32,000. This currency was seized at San Antonio International Airport CBP officers seized $17,200 in unreported currency when a pair of travelers refused to provide a truthful report.

“There is no limit to the amount of currency a traveler can bring in or take out of the U.S.,” said San Antonio Acting CBP Port Director Jose Mendiola. “The only requirement is that travelers must complete a Currency Reporting Form when traveling internationally with currency valued at $10,000 or more.”

According to Mendiola, the currency is not limited to U.S. dollars. “Currency is any monetary instrument including foreign coins, travelers’ checks, and gold. Basically any negotiable instruments whose collective value reaches $10,000 or more.”

Mendiola added that this requirement also applies to passengers travelling together and carrying currency that exceeds $10,000 dollars. When passengers split up the currency amongst themselves to avoid reporting it that is currency structuring.

Currency structuring led to a seizure, Jan. 22, when CBP officers inspected a pair of Global Entry travelers arriving from Mexico. A 60-year-old citizen of Mexico declared $9,915 and his 44-year-old companion, also a Mexican citizen, declared $4,800. Both passengers completed a Customs Declaration Form declaring those amounts. However, when CBP interviewed the pair they admitted that they divided the money before boarding their flight and that the currency belonged to only one passenger. The final amount seized was $14,807. CBP also revoked both travelers’ Global Entry memberships.

Not both of the travelers above last their global entry membership because of their alleged failure to report cash and cash structuring, which is a common practice by CBP. More significantly though is what might happen in the future; permanent loss (forfeiture) of all of the money, or a steep penalty (which could be 50% or more of the total amount seized).

The second seizure occurred Jan. 23, when CBP officers inspected another pair of travelers who arrived from Mexico. These passengers initially claimed to be traveling alone. The 26-year-old Mexican national claimed to be traveling with $9,000 and completed a Customs Declaration Form reporting that amount. CBP officers later encountered a 25-year-old Mexican citizen who declared traveling with $8,200 and signed a Customs Declaration Form reporting that amount. During CBP processing the pair admitted that they had divided the currency before boarding the flight and decided to enter the CBP processing area separately. Total amount seized in this instance was $17,200.

Nationwide, in fiscal year 2019, CBP seized $68,879,080 in currency. Fiscal year 2020 through Jan. 23, currency seizures are at $20,808,879. In the Houston region, which includes San Antonio and Dallas, currency seizures reached over $1M and have increased 54% over the same time last fiscal year.

Has San Antonio CBP seized cash from you?

If San Antion CBP seized cash from you, we urge you not to try to get the money back on your own. You will not be happy with the outcome. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

$11097 seized by CBP displayed by Dulles airport CBP

Dulles CBP Seizes Cash from South Korean

Posted by Jason P. Wapiennik on

We return to a familiar theme: cash seizures by Customs, at Dulles airport. This story (original here), relates the seizure of little more than $1100, for at least a failure to report (although the discovery of $5,097 in her baggage after verbally declaring only $6,000, will allow CBP to make the allegation she was smuggling bulk cash).

Here’s the storyt;

STERLING, Va. – U.S. Customs and Border Protection (CBP) officers seized illicit steroids in international mail and unreported currency from a traveler at Washington Dulles International Airport during the weekend.

A South Korean woman, who is a U.S. lawful permanent resident, reported to CBP officers that she possessed $500. Officers explained currency reporting requirements to the woman and she amended her declaration to report that she had $6,000. During a baggage examination, CBP officers discovered a total of $11,097 in her baggage. CBP officers seized all the currency and released the woman. She arrived on a flight from Seoul on Sunday.

It is legal to carry large sums of currency into 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. Read more about currency reporting requirements.

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.

Has Dulles CBP seized your money?

If Dulles CBP seized your money, we urge you not to try to do it yourself. You will not be happy with the outcome. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Dulles CBP Seizes $19000 in Smuggled Cash

Posted by Jason P. Wapiennik on

In what is ominous to me, CBP in Dulles says they “continue to encounter travelers who attempt to smuggle unreported currency out of the United States.” By smuggling, they mean bulk cash smuggling. And at Dulles airport, for sure, bulk cash smuggling (watch our bulk cash smuggling video here) means they will be trying to keep 50% of the seized money as a penalty, even if legitimate source and intended use are proven.

It’s ominous to me because Dulles CBP is just one of the toughest CBP ports around the country to get money back from, and when you can get it back, the penalties can be very high. The ominous quote is from a recent news releases about a couple heading to Morocco with $19,000, who only reported $8,000.

U.S. Customs and Border Protection (CBP) officers at Washington Dulles International Airport continue to encounter travelers who attempt to smuggle unreported currency out of the United States.

It is legal to carry large sums of currency into 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.

In the latest seizure, a couple destined for Casablanca, Morocco on December 28 acknowledged that they understood federal currency reporting requirements and reported verbally and in writing that they possessed $8,000. CBP currency detector dog Cato alerted to their carry-on baggage and officers discovered additional currency. In total, CBP officers discovered $19,651. Officers seized $19,000 and released $651 to the couple for humanitarian purposes and allowed them to continue their trip.

Has Dulles CBP seized your money?

If Dulles CBP seized your money, we urge you not to try to do it yourself. You will not be happy with the outcome. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

$21,000 in cash seized by CBP at Washington-Dulles seized for currency reporting violations

Traveler Fails to Report $21,000 Seized by CBP

Posted by Jason P. Wapiennik on

Yesterday, CBP publicized a cash seizure from a female traveler who failed to report $21,000 in cash she was transporting before boarding her plane at Dulles airport.

The woman, bound for Pakistan via Turkey, verbally reported carrying $6,000. Thereafter, a customs officer searched her bags and discovered a total of $21,255.

This is a classic violation of 31 USC 5316, where a person fails to report cash being transported by them to CBP. A report of currency must be made on form FinCEN 105 and presented to CBP before departure. It is not enough to verbally report the money when asked.

CBP will also surely allege that this is also an instance of bulk cash smuggling, because she was provided with an opportunity to disclosure the full amount of money she carried, but only reported $6,000. They later had to find the full $21,255 in her bag.

Here’s the full story, from CBP:

STERLING, Va. – U.S. Customs and Border Protection (CBP) officers seized $21,255 in unreported currency from a U.S. woman destined to Pakistan Friday at Washington Dulles International Airport.

While CBP officers conducted an outbound inspection of passengers on a Turkey-bound flight, officers encountered the woman and asked how much currency she possessed. She reported $6,000 and confirmed that she understood federal currency reporting requirements. Officers discovered several envelopes in her carry-on baggage with a total of $21,255 in U.S. currency. Officers released $255 to the woman for humanitarian purposes and seized $21,000 for violating federal currency reporting requirements.

It is legal to carry large sums of currency into 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. Read more about currency reporting requirements.

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.

Have you had money seized by CBP?

If CBP 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.

Sixty-thousand dollars hidden in the firewall of a vehicle seized by U.S. Customs & Border Protection

CBP Arizona Seizes Currency Smuggled in Car

Posted by Jason P. Wapiennik on

In a story today, CBP tells the tale of a seizure of nearly $70,000 of bulk cash which was smuggled in the firewall panel of a Mexican national bringing the money into the United States. The full story, which also includes the story about a meth seizure, is here, but follows below:

U.S. Customs and Border Protection, Office of Field Operations, officers arrested a Mexican national . . . fore alleged attempts to smuggle more than $69,000 through Arizona Ports of Entry.

Officers at the Port of Naco referred a 39-year-old Naco, Arizona, man for additional inspection of his Hyundai sedan, as he attempted to enter the U.S. through the port Wednesday morning. After a CBP narcotics detection canine alerted to a scent it is trained to detect, the search of the vehicle led to the discovery of six packages concealed in the firewall. The packages were determined to contain more than $69,000 of unreported currency.

Officers seized the … currency and vehicles, while [the subject was] arrested and then turned over to U.S. Immigration and Customs Enforcement’s Homeland Security.

The fact of the arrest indicates they clear thought the money was tied to illegal sources, even though every failure to report and bulk cash smuggling offense is a crime and makes someone subject to arrest — more on that here: Failure to Report Cash to Customs and Bulk Cash Smuggling Seizure.

Have you had money seized by CBP in Arizona?

If CBP in Arizona 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.

$3,700 in counterfeit cash seized by CBP from an Argentinian woman laid out on a metal table presented by a CBP officer

CBP Seizes Over $72K in Undeclared Currency in Florida

Posted by Jason P. Wapiennik on

Today, a story came out of Orlando, Florida, about a pretty large cash seizure. The story — which is light on the details about where they were from or where they were going — is a classic case failure to report combined with a bulk cash smuggling offense.

It is a failure to report because they did not file the FinCen 105 upon entry or departure with the customs officer in charge of the airport. It is also a failure to report because when stopped, they made an inaccurate declaration as to the amount seized; the reported first $15,000, then $51,000, but were ultimately found with $72,000.

It will likely be seized because the money was not reported — and mis-reported — and also hidden from view, such as someone might hide it prevent to discovery by CBP. These two elements — failure to report and hiding — will allow CBP to presume that the money was hidden with the intent it not be reported to CBP, which is the essence of a bulk cash smuggling offense.

Here’s the story:

U.S. Customs and Border Protection (CBP) in Florida reminds travelers of the requirement to report currency amounts of $10,000 or more to CBP when traveling to or from the United States. CBP officers seized over $72,000 in unreported currency from a traveler at Orlando International Airport (MCO) for failing to declare this week.

The individual initially said they possessed $15,000 to CBP officers and further misstated the amount as $51,000 in writing. CBP officers subsequently discovered bundles of cash inside a backpack.

International travelers who arrive or depart the United States in possession of more than $10,000 or equivalent foreign currency are required to report all currency to CBP officers and complete a Treasury Department Financial Crimes Enforcement Network (FinCEN) form.

Consequences for violating U.S. currency reporting laws are severe and may result in seizure of the currency and/or arrest.

Have you had money seized by CBP in Orlando?

If CBP in Orlando 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.