Tag: failure to report

About $96,000 seized by CBP in Arizona laid out on table

CBP Officers Seize Cash in Nogales

Posted by Jason P. Wapiennik on

Here’s a CBP money seizure story that first popped up in May in one of CBP’s news releases, but it’s worth going over again because it resulted in an arrest and seizure of $96,000.

TUCSON, Ariz. –U.S. Customs and Border Protection officers at Arizona’s Port of Nogales arrested two Mexican nationals & a U.S. citizen involved in connection with a pair of separate failed smuggling attempts over the past weekend.  

Friday evening, officers at the Mariposa Crossing referred performing outbound operations a 26-year-old Mexican male and his 28-year-old U.S. citizen passenger for further inspection of his Ford sedan. A search of the vehicle, led to the discovery of two large bundles of unreported U.S. currency that were hidden within the car’s rear seats. The packages contained nearly $96,000.

Officers seized the drugs and currency, as well as both vehicles. The subjects were all arrested and then turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

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Summer CBP Cash Seizure News Roundup

Posted by Jason P. Wapiennik on

It’s been a busy summer for customs and trade law attorneys. Enforcement by U.S. Customs & Border Protection has been up across the board. There’s been some news releases by CBP, but many I haven’t had time to post here and provide the usual analysis. Instead of letting them all out over the next few weeks, to catch myself I am just going to do a cash seizure news roundup of stories that I did not get to this summer.

Hold on tight, here we go:

CBP seizes $1.6 Million inside Propane Gas Tank

On May 23, U.S. Coast Guard Sector San Juan requested assistance from a CBP Air and Marine Operations (AMO) Marine Patrol Unit for a reported disabled vessel.   A CBP marine unit found a vessel dead in the water 16 miles southwest of Cabo Rojo, with two men from the Dominican Republic on-board.

The vessel and its occupants were navigating to to Santo Domingo from the British Virgin Islands, when the vessel’s engine failed.

The boat was for an inspection by CBP. A CBP canine alerted to the presence of a familiar odor from a large propane gas tank.  Inside the tank the CBPO, AMO agent and U.S. Homeland Security Investigations (HSI) Special Agents discovered large sums of U.S. currency. 

The undeclared currency totaled $1,638,700. CBP seized the currency under failure to declare and bulk cash smuggling laws.

See the full story here.

$3.7 Million Abandoned Cash Seized in Puerto Rico

In July, CBP patroling waters around Puerto Rico “detected a vessel navigating without lights” towards the U.S. Virgin Islands. [ . . . ] The vessel abruptly turned around [and landed] landing the vessel . . . [CBP and other federal agency agents] pursued the vessel and its occupants, who were seen unloading duffle bags from the vessel, immediately abandoning their cargo and absconding. The agents found five abandoned duffle bags containing bulk US currency. U.S. Customs and Border Protection Agents, along with agents of the Drug Enforcement Administration (DEA), seized Sunday $3.7 million in undeclared currency found inside five duffle bags on board an abandoned vessel near the coast of Fajardo. The undeclared currency totaled $3,700,000. CBP seized the currency under failure to declare and bulk cash smuggling laws. See the full story here. 

$372k in Beach Duffle Bag Seized in St. Thomas (USVI)

In July [CBP agents] “received a call a concerned citizen about a suspicious boat, making landfall in Bordeaux Bay, St. Thomas. The caller stated that three men were onboard and intentionally beached a 20ft Boston Whaler. The [agents] responded by vehicle to the area and noticed a single duffel bag still sitting in the sand near the boat with a Puerto Rico registration. Agents conducted a sweep of the area but were unable to locate any of the suspects. Inside the duffel bag, agents found an undetermined amount of cash in vacuum-sealed packages.  The undeclared currency totaled $372,000.  U.S. Homeland Security Investigations assumed custody of the seized currency and investigation.

See the full story here.   

Agents Seize Over $100k in Bulk Cash

On May 20, CBP agents conducted a vehicle stop on a 2007 Silver Honda Element traveling westbound on Interstate 8, near Sunrise Highway.

After a brief interview, agents determined that a 33-year-old male driver and his 28-year-old female passenger were Mexican citizens with the proper paperwork to enter and work in the United States.  However, during a Border Patrol canine detection search, the canine alerted to the interior of the vehicle. 

Agents discovered 53 bundles of cash totaling $102,998, hidden in a space around the gear selector and behind the speakers of the vehicle. Agents placed the man and woman under arrest and they will be held pending criminal proceedings.

See the full story here.

$100,00 seized near Blythe, California

[A]gents conducted a vehicle stop on a four-door sedan traveling eastbound on Interstate 10. Agents requested, and were granted consent, to search the vehicle after the driver, a male 23-year-old United States citizen, admitted to having drug paraphernalia. During the search, agents located a trash bag containing $96,565 in cash concealed in the rear compartment of the vehicle. Additional evidence was discovered in the vehicle linking the money to drug smuggling activities. The driver claimed that the cash did not belong to him and it was seized by agents.

See the full story here.

 

$20,000 in U.S. Currency stacked in piles after seizure by Customs at Boston Logan airport.

Customs seizures $21k cash at Baltimore airport (BWI)

Posted by Jason P. Wapiennik on

Customs officers confiscated about $21,000 from a couple coming to the United States from Nigeria in early June. The cash seizure took place in Baltimore, at Baltimore Washington International Thurgood Marshall Airport. 

The story points out the potential criminal consequences of not reporting money, and also incorrectly states the law (again, saying “$10,000 or more” rather than “more than $10,000” as the requirement for reporting cash to CBP on FinCen 105).

The story, originally published here by CBP, is below: 

Customs and Border Protection (CBP) officers seized nearly $21,000 of unreported currency Friday at Baltimore Washington International Thurgood Marshall Airport (BWI).

A Nigerian couple, who arrived on a flight from London, reported to CBP officers that they possessed $15,000 in currency. Officers discovered an additional $5,850 in the woman’s purse. Officers seized $20,850 and then released $4,990 to the couple as humanitarian relief. Officers released the couple to continue their visit.

It is perfectly 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 [ugh! it’s more than $10,000] 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 are highly trained to uncover illicit activity and they are committed to enforcing the laws of the United States,” said Casey Durst, CBP’s Field Operations Director in Baltimore. “Unreported currency often can be proceeds from alleged illicit activity, or used to fund transnational criminal organizations and I commend our officers on this interception”.

CBP recently issued travel tips for international travel through BWI. Chiefly among those tips is for travelers to truthfully report all currency they possess to a CBP officer during inspection.

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 uses a variety of techniques to intercept narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, and other illicit products, and to assure that global tourism remains safe and strong. On a typical day, CBP seizes an average of about $290,000 in unreported or illicit currency along our nation’s borders. Learn more about what CBP accomplishes during “A Typical Day.“

 

Piles of cash seized by CBP officers at Philadelphia airport.

Philadelphia CBP Seizes $17k in Cash to Jamaica

Posted by Jason P. Wapiennik on

CBP in Philadelphia seized almost $17,000 from a Jamaican national who is also a permanent resident of the United States. CBP does enforce the currency reporting requirement in Philadelphia, but based on my own experience, they do not do so very often. Therefore, this man is probably not a very lucky guy.

As the press release states, he reported only having $8,000 to CBP officer who asked him how much cash he was carrying, but they later discovered a total of $16,542 in his carry-on bag. He was not arrested.

If you have had cash seized at Philadelphia International Airport, you’re among the few. The last case I had in Philadelphia was in 2016, and the only other time before that was in 2015, despite having done nearly 350 cases at other ports/locations around the country. In both instances, the case number and timing of the seizure told me that CBP in Philadelphia seizes property at the airport from travelers probably less than 200 times per year.

But CBP at Philadelphia International Airport has had some big seizures. About a year ago we wrote about two customs cash seizures at Philly International Airport that totaled $152,000.

Customs and Border Protection (CBP) officers seized $16,542 in unreported currency from a Jamaica-bound man at Philadelphia International Airport Thursday. Here’s the story:

The man, a Jamaican citizen and U.S. lawful permanent resident, verbally told CBP officers that he possessed $6,000. Officers explained federal currency reporting requirements and the man verbally and in writing reported that he possessed $8,000. Officers discovered $16,542 in the man’s carry-on bag. Officers seized the currency and released the traveler.

It is perfectly legal to carry large sums of currency in or out of the United States. However, federal law requires that travelers who possess $10,000or more in currency [Editor: incorrect, “more than $10,000” is the requirement] 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.

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.

“When Customs and Border Protection officers encounter travelers who don’t properly declare or they conceal large amounts of currency when leaving the country, there can be links to transnational criminal organizations,” said Casey Durst, CBP’s Field Operations Director in Baltimore. “The hard work and success of our officers demonstrates CBP’s commitment to disrupting and dismantling these groups and the illicit operations they conduct.”

CBP recently issued travel tips for international travel through Philadelphia International Airport. Chiefly among those tips is for travelers to truthfully report all currency they possess to a CBP officer during inspection.

CBP uses a variety of techniques to intercept narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, and other illicit products, and to assure that global tourism remains safe and strong. On a typical day, CBP seizes an average of about $290,000 in unreported or illicit currency along our nation’s borders. Learn more about what CBP accomplishes during “A Typical Day.“

 

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

Customs Took $500k Cash at San Juan

Posted by Jason P. Wapiennik on

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

Posted by Jason P. Wapiennik on

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

Posted by Jason P. Wapiennik on

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 â€” 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

Posted by Jason P. Wapiennik on

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

Posted by Jason P. Wapiennik on

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

Posted by Jason P. Wapiennik on

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.