Tag: fincen 105

Minneapolis CBP Seizes $26K Cash Bound for Vietnam

Posted by Jason P. Wapiennik on September 22, 2023

Here’s a Minneapolis CBP cash seizure story from earlier this year that I never had a chance to comment on, but I am overjoyed that it is FINALLY not involving Dulles CBP.

I’ve never represented a client with cash seizure case in Minneapolis. From what I remember, I’ve probably only had 2 leads I can remember in the past 14 years where some traveler has had something seized by CBP in Minneapolis. This tells me Minneapolis has a very low rate of cash seizure.

The story retold in this news release is common. The traveler reports having only $9,000 even though he had $26,000. If you’re going to lie to CBP, this is a bad way to lie. Why declare an amount suspiciously close to $10,000? Obviously, this alerts CBP that you are probably lying.

Another odd thing here is that the story says “the traveler admitted to the CBP Officer he was not aware of the requirements.” Wow, what an admission! How did CBP sweat that answer out of him??! And what’s it add to the story? If he was unaware of the requirements, obviously he would not accurately report what he was traveling with. And yet, CBP still seized the cash.

The original story is here, but here’s the important parts:

MINNEAPOLIS— On Monday, February 6, U.S. Customs and Border Protection (CBP) officers at Minneapolis-St. Paul International Airport (MSP) seized more than $26,000 from a passenger traveling to Vietnam.

CBP Officers encountered a passenger and inquired about his travel. The traveler reported he was traveling with $9,000. During the baggage exam, the CBP officer discovered a total of $26,000.

The CBP Officer explained to the traveler that there is no limit to how much currency or other monetary instruments that can enter or leave the country, however, any amount over $10,000, requires the completion of a U.S. Treasury Department of International Transportation of Currency or Monetary Instruments form (FINCEN 105). If not properly reported, it is subject to seizure under U.S. federal law [31 U.S.C. 5316]. In addition, travelers crossing U.S. borders are required to report all currency and other monetary instruments in their possession that exceeds $10,000 to a CBP officer.

The traveler admitted to the CBP Officer he was not aware of the requirements. “International travelers must be truthful in reporting all currency in their possession to CBP officers when they arrive to or leave the United States,” said Augustine Moore, Area Port Director-Minnesota. “It is less painful to complete a simple form than it is to surrender all their currency for violating U.S. currency reporting laws.”

The consequences for violating U.S. currency reporting laws are severe; CBP officers can seize unreported currency, and travelers could potentially face criminal charges. An individual may petition for the return of seized currency but must prove that the source and intended use of the currency was legitimate.

“Customs and Border Protection wants to make clear that there is no limit to the amount of money that travelers may carry when crossing U.S. borders, we only ask that travelers be truthful with CBP officers and fully comply with federal currency reporting laws,” said LaFonda D. Sutton-Burke, Director of Field Operations, Chicago Field Office.

Have you had cash seized by CBP in Minneapolis?

If you’ve had cash seized CBP in Minneapolis, you can learn more about the process from 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.

Dulles Seizes $130k in Unreported Currency from Travelers

Posted by Jason P. Wapiennik on July 22, 2023

Summer travel season is well underway, and that means so is CBP’s cash seizure machine is likewise well underway. CBP’s cash seizures, for failure to report cash, structuring, and bulk cash smuggling, all involve people entering leaving the country with more than $10,000, and in one way or another, not filing the FinCEN 105 form at all, or not filing it accurately. The way to report traveling with more than $10,000 is super easy!

Among ports of entry, CBP at Dulles airport in Sterling, Virginia (Washington, DC), is among the most prolific storyteller when it comes to highlighting enforcement activity for these cash reporting violations.

Their most recent story involves people leaving for Yemen, Egypt, Togo, and Ghana. Notably, the stories – except for the Ghana-bound man — are mostly about currency split between travelers, which could be a structuring offense. The Ghana-bound man, however, as shown in the photograph below, probably is going to be said to have smuggled the money (“bulk cash smuggling“). The interesting parts of the story are below:

STERLING, Va. – U.S. Customs and Border Protection officers seized nearly $130,000 in unreported currency from four groups of departing international travelers recently at Washington Dulles International Airport.

[ . . . ]

In the most recent case, CBP officers seized $27,560 in unreported currency from a Yemen-bound family on Tuesday. The family reported that they possessed $9,500; however, CBP officers found additional currency split among family members.

CBP officers seized currency on consecutive days last week. On June 20, CBP currency detector dog Fuzz alerted to an Egypt-bound traveler who reported that he possessed $7,000. Officers discovered a total of $34,283 in unreported currency split among four family members. And on June 21, CBP officers seized $15,423 in unreported currency from a Togo-bound couple who reported $9,900 in currency.

On June 11, CBP officers seized $50,210 in unreported currency from a Ghana-bound man who reported that he possessed $45,000.

In each case, CBP officers explained the currency reporting law and allowed the travelers multiple opportunities to truthfully report, both verbally and in writing, the total currency they are carrying.

Officers seized the currency and released the travelers.

CBP is withholding names because none of the travelers were criminally charged.

Has Dulles CBP seized your cash?

If Dulles CBP has 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 Dulles’ 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.

Stacks totaling $198,902 in unreported cash seized by CBP in Texas

CBP Seizes $190K Cash at Pharr, Texas, bridge

Posted by Jason P. Wapiennik on April 8, 2023

If you’re going to Mexico with $198,902 and no plans to report it, you should probably take a toothbrush (so you can brush your teeth in jail) and a credit card for when you get out, because you’re going to lose the money and be accused of crimes.

That’s the lesson that should have been learned by this anonymous individual who attempting to take the nearly $200,000 from the United States to Mexico, for unknown reasons (but really, we all know it’s drug related, right?)

This story provides an opportunity to respond to a frequently asked question:

Question: “If I am traveling with money, do I need to bring proof of it being legal money?”

Answer: Generally, no, you don’t. You only need to fill out the FinCen 105 form if you are transporting (or causing to be transported) more than $10,000. But, that’s only going to get you out of a violation of the Currency and Monetary Instrument Reporting laws (Title 31).

If CBP still thinks you’re committing some other crime, like drug trafficking, money laundering, or something else, they can still seize the money (whether you filed a FinCen 105 form or not) because they think you’re doing something else wrong. If you have a criminal or arrest history significant for these types of crimes, the odds of seizure go up dramatically.

But, on to the text of the story from our friends in Pharr, Texas, at CBP:

PHARR, Texas—U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Pharr International Bridge intercepted $198,902 in undeclared currency from a traveler heading to Mexico.

“CBP officers conduct outbound enforcement operations to protect against unreported exportations of bulk U.S. currency, which often can be proceeds from alleged illicit activity, or currency that funds transnational criminal organizations,” said Port Director Carlos Rodriguez, Hidalgo/Pharr/Anzalduas Port of Entry.

On April 4, 2023, CBP officers conducting outbound enforcement operations at the Pharr International Bridge encountered a white Jeep driving southbound to Mexico. A CBP officer referred the vehicle for further inspection which included screening by a canine team. After physically inspecting the vehicle, officers discovered nine bundles of currency totaling $198,902 in various denominations concealed within the vehicle.

CBP OFO arrested the driver, seized the currency and vehicle, and the case remains under investigation by special agents with Homeland Security Investigations (HSI).

Have you had cash seized by CBP in Texas?

If you’ve had cash seized CBP in Texas, you can learn more about the process from 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.

Dulles CBP Seizes $227K from 4 Travelers

Posted by Jason P. Wapiennik on October 22, 2022

The DC Metro area has a large community of African ex-pats, which means that the DC Metro area and specifically, Dulles airport, has a lot of cash moving into and out of the country from and to Africa.

The story quoted below from CBP pertains to 4 recent cash seizures, 3 of which involve Africa. First, more than $100,000 from a couple traveling to Lagos, Nigeria. Customs seized all the cash after the couple only reported less than $20,000. From the looks of it (the money was in differing envelopes), they were probably carrying cash back for others.

Second, someone traveling to Ethiopia had $13,000+ seized by CBP after reporting only $2,700 at the Dulles airport.

Third, a man traveling to Ghana with $82,560 had all of his money seized by airport CBP, with no further details provided.

Finally, a father and daughter couple had about $30,000 seized by CBP on their way to Doha, Qatar.

As I’ve said as I’ve said in my commentary on previous seizures from CBP in Dulles Airport, it is one of the more stringent and more difficult places to get seized money back from. The the evidence that needs to be supplied to satisfy them that the seized currency came from a legitimate source and legitimate intended use must be thorough and meticulously presented.

Here’s the story:

STERLING, Va. – U.S. Customs and Border Protection officers seized more than $227,000 from travelers departing Washington Dulles International Airport to Africa during the last 30 days for violating U.S. currency reporting laws.

The most recent seizure was the largest as CBP officers seized $101,825 from a U.S. citizen couple destined to Lagos, Nigeria on Saturday. The couple verbally declared $19,600 and completed a U.S. Treasury Department FINCEN 105 form reporting that amount. A subsequent baggage search revealed additional envelopes of currency. Officers seized all the currency and released the travelers.

Also on Saturday, CBP officers seized $13,332 in unreported currency from a U.S. lawful permanent resident who was destined to Addis Ababa, Ethiopia. The resident, a Togo national, reported that he possessed $2,700. Officers discovered the additional currency during a baggage examination.

On October 1, CBP officers seized $82,560 in unreported currency from a U.S. traveler who attempted to board a flight to Accra, Ghana, and on September 17, CBP officers seized $29,822 in unreported currency from a U.S. father and daughter who were boarding a flight to Doha, Qatar. A CBP currency detector dog alerted to the bulk currency in these two seizures.

The total amount of unreported currency seized was $227,539.

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

Has Dulles CBP seized your cash?

CBP Seizes $95K in Cash at Dulles Airport

Posted by Jason P. Wapiennik on August 19, 2022

Dulles CBP officers made a few large money seizures for failure to file a FinCen 105 form, which it touted last week in a news release, available to read in full here. However, I’m an attorney here blog about the highlights. First, however, a picture is worth a thousand words, so here are two-thousand words:

Here’s the money seizure story to back up the picture:

Three groups of travelers recently learned [holding onto one’s money is imperative] after CBP officers seized a combined $95,397 in unreported currency at Washington Dulles International Airport.

Two groups of travelers were attempting to board departing international flights when CBP officers encountered them. A Lebanon-bound couple surrendered $29,052 to CBP officers on July 21, and a Nepal-bound family surrendered $32,001 to CBP officers on July 26. On July 31, a South Korean family surrendered $34,344 to CBP officers after arriving on a flight from South Korea.

In each case, CBP officers discovered more currency during baggage examinations than what the travelers reported to CBP officers. CBP officers seized their currency and released all travelers to continue their trips.

The story has interesting use of the word “surrender.” As if they had a choice! Unless, of course, CBP means they “abandoned” the currency. That’s a terrifying reality we’ve made a video about (here).

Also, releasing “all travelers to continue their trips” does not mean they did were able to make their flight (highly doubtful!) or did not have any re-booking and hotel fees. The seizure of money by CBP has add-on effects; the interrogation, counting, and seizure procedures are time-consuming and so typically, you miss the flight (and so maybe your bags, if they’ve already been loaded); you are responsible to re-book on another flight; and if the next flight isn’t for a day or more, you’ve got to sleep in a hotel.

Has Dulles CBP seized your cash?

Display of cash seized by Dulles CBP going to Ethiopia

Dulles CBP Seizes $27K in Cash from Ethiopia-bound Family

Posted by Jason P. Wapiennik on July 20, 2022

CBP made a press release about a recent cash seizure which, to my mind, makes them look pretty bad because I often hear the emotional side of customs money seizure cases from the violators (who yeah, are also victims).

It is sad because it’s a family of 5 traveling to Ethiopia. Although they had $27,330 with them, the government seized all but $830. Imagine getting around in a cash-based economy on $830.

Also imagine having to pay re-booking fees, hotel and transportation costs for 5 people. 😢💸

The details are below, but basically, the father reported having $8,000. Then the son reported he had $8,000 (structuring, anyone?). Then CBP found another $11,000 in their bags.

Tragic, yes. Avoidable, very much yes. CBP wants you to know – report the money truthfully, and you can avoid such tragedies! Unfortunately now, the family is going to have much more work to do than just filling out a FinCen 105 form when they try to get their money back from CBP Dulles. A lot more work, and a lot more time.

Do it the easy way. Report your cash before you get asked!

STERLING, Va. – With airline staffing shortages forcing flight cancellations and route reductions, it seems now would be an ideal time for international travelers to truthfully report all of their currency to Customs and Border Protection officers during an outbound inspection.

One Ethiopia-bound family learned that lesson the hard way after CBP officers seized $27,330 from them on Sunday at Washington Dulles International Airport for violating U.S. currency reporting requirements. The family also missed their once daily flight to Ethiopia and lost a day of their vacation trip.

Officers approached the family of five at the departure gate and asked how much currency they possessed. The father, a naturalized U.S. citizen from Ethiopia, verbally reported that he had about $8,000. Officers then reminded the travelers of federal currency reporting laws and asked the father to annotate the back of the CBP form describing the currency reporting law. As the father prepared to write their currency amount and sign, the eldest son reported that he also possessed about $8,000.

The father then completed a U.S. Treasury form for the total amount of currency. During a subsequent inspection of their carry-on bags, CBP officers discovered an additional $11,000.

CBP officers then escorted the family back to CBP’s inspection station and examined their checked baggage. Officers found no additional currency. Officers discovered and seized a total of $27,330 for violating U.S. currency reporting laws. Officers returned $830 to the family and released them to continue their trip. However, their flight had already departed and they had to be rebooked on another Ethiopian Airlines flight.

Has Dulles CBP seized your cash?

CBP Laredo Seizes $261K in Currency to Mexico

Posted by Jason P. Wapiennik on February 4, 2022

In two recent cases described in a news release below two individuals were arrested not filing a CMIR (FinCen 105 report) upon leaving the USA to Mexico.

The story is light on details — except, for some reason, what car the people were driving (for unknown reasons this is always so important at the Mexican border!).

There is no mention of bulk cash smuggling, though it seems likely the money was hidden and not reported. Even if they are criminally charged, both defendants would have the ability to get the money back provided they show the money has no nexus to illegal activity (legitimate source, legitimate use).

Here’s what CBP says recently happened at the nation’s southern border in Laredo, Texas, as described here:

U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) officers working outbound operations at the Juarez Lincoln Bridge, seized over $261,000 in two separate, unrelated incidents.

The first enforcement action occurred on Jan. 24, when officers assigned to outbound operations selected a 2009 Kia Sorento traveling to Mexico for inspection. The vehicle was driven by a 53-year-old female United States citizen. Upon physical inspection of the subject’s personal belongings, packages containing $65,560 in undeclared currency were discovered.

The second enforcement action occurred on Jan. 29, when officers intercepted a 2006 Ford F-150 traveling to Mexico and selected it for inspection. The vehicle was driven by a 34-year-old male Mexican citizen. Upon physical inspection of the subject’s vehicle, packages containing $195,731 in undeclared currency were discovered.

The seizures combined totaled $261,291.

The currency and vehicles were seized by CBP. Both drivers were arrested, and the cases were turned over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.

Has Laredo CBP seized your money?

Has Laredo CBP seized your money? If so, we can help. 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.

$23,000 in Bulk Cash Hidden in Backpack Seized by Dulles CBP

Dulles Airport Customs Seizes $23k in Unreported Currency

Posted by Jason P. Wapiennik on November 25, 2021

Since the removal of travel restrictions international travel has increased; add to that, the US holiday of Thanksgiving, and we should expect to see a significant rise in CBP enforcement activities. In the story below, which (of course) takes place at Dulles Airport, we have a tale of a married couple traveling to Ghana who did not accurately report the currency, and who had their money seized by customs at the airport.

As always with the stories from Dulles, it seems, there is enough information to allege bulk cash smuggling, which leads to higher penalties. Here is the story:

STERLING, Virginia — The seizure of … $23,000 in unreported currency on Monday offer a glimpse into the breadth of enforcement responsibilities that Customs and Border Protection officers carry out daily at Washington Dulles International Airport.

CBP officers seized the unreported currency while conducting enforcement operations on a Ghana-bound flight. A married couple reported to CBP officers that they possessed a combined $10,500.

While inspecting the couple’s carry-on bag, officers discovered an envelope concealed behind the carry-on bag’s zippered liner. Officers verified the couple’s combined currency at $23,641. Officers seized the currency for violating U.S. currency reporting laws and then released the couple with $641as a humanitarian relief.

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

“The seizures of . . . unreported currency may seem innocuous at first; however, they illustrate the resolve and commitment that Customs and Border Protection officers and specialists dte every day to enforce our nation’s laws, to enhance our nation’s economic vitality through lawful international trade and travel, and to help keep our citizens safe,” said Daniel Escobedo, CBP Area Port Director for the Area Port of Washington, D.C.

CBP officers remind travelers that there is no limit to how much currency or other monetary instruments they may bring to or take out of the United States; however, federal law [31 USC 5316] requires travelers to report all currency $10,000 or greater to a CBP officer.

Read more about federal currency reporting requirements.

CBP officers have observed that smuggled bulk currency may be the proceeds of illicit activity, such as proceeds from the sales of dangerous drugs or revenue from financial crimes and work to disrupt currency smuggling. CBP seized an average of about $386,000 every day last year in unreported or illicit currency along our nation’s borders.

Has Dulles CBP seized your cash?

A wad of cash left behind in an airplane seat, later seized by U.S. Customs & Border Protection

Baltimore CBP Seizes $82K in Cash from Traveler to Jamaica

Posted by Jason P. Wapiennik on August 20, 2021

Baltimore Customs officers seized cash from 4 men heading back to their native Jamaica for not reporting it; apparently, 3 of them were on the same flight. In that case, from the story below it sounds like two of the men made it onto the plane without filing the report.

A third man blew their cover, by telling the officers he was traveling with them.

The officers then entered the plane, found the other two men, and one of them had put his money into the pocket on the seat in front of him. It looks as though CBP is consider that bulk cash smuggling.

In all cases, the money was taken by CBP and seized. The men will have to respond to the notice of seizure in order to get their cash back, and prove the money came from a legitimate source, and had a legitimate intended use.

You can read the full story here.

BALTIMORE – U.S. Customs and Border Protection (CBP) officers at Baltimore Washington International Thurgood Marshall Airport (BWI) continue to encounter travelers who refuse to comply with federal currency reporting laws after officers seized a combined $82,533 from four men, all heading to Montego Bay, Jamaica recently.

[ . . . ]

In the most recent case on August 6, CBP officers seized a combined $59,587 from three men, ages 34, 33 and 25. The men individually reported to CBP officers that they had $7,500, $8,000, and $8,500; however, CBP officers discovered that the men $18,522, $21,560, and $19,505, respectively.

CBP officers interviewed the first man and learned that he was traveling with the other two who officers asked to deplane the aircraft. Interestingly, CBP officers found one man’s unreported currency concealed in the seatback of his assigned seat.

Additionally, on August 4, CBP officers seized $22,946 from a 75-year-old man who told officers that he possessed $12,000.

CBP is not releasing the names of either man because none were criminally charged. All four men are naturalized U.S. citizens or lawful permanent residents who were born in Jamaica.

“The disregard that some travelers have for our nation’s currency reporting laws is troubling and very unwise, especially when you consider that travelers can keep all their currency simply by just being honest and declaring the full amount to a Customs and Border Protection officer,” said Keith Fleming, Acting Director of Field Operations for CBP’s Baltimore Field Office.

CBP officers have observed that unreported currency can be proceeds from illicit activities, such as financial fraud and narcotics smuggling, and work hard to disrupt the export of these illicit revenues.

During inspections, CBP officers ensure that travelers fully understand federal currency reporting requirements and offer travelers multiple opportunities to accurately report all currency and monetary instruments they possess before examining a traveler’s carryon or checked baggage.

Have you had cash seized by Baltimore CBP?

If CBP Baltimore 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.

CBP Detroit Cash Seizures Decline by Nearly 60% in Pandemic

Posted by Jason P. Wapiennik on June 25, 2021

In fiscal year 2019 (October 2018 through October 2019), CBP seized $7.8 million in cash from (most unsuspecting) travelers at Detroit Metro Airport, the Ambassador Bridge, Detroit-Windsor Tunnel, and the Blue Water Bridge in Port Huron.

Last fiscal year (October 2019 through October 2020), however, CBP seized nearly 60% less than 2019! CBP seized only $4.6 million in cash in 2020. A marked decrease, likely due to the travel restrictions for basically 7 months of the entirety of the fiscal year. Here’s the story:

DETROIT — U.S. Customs and Border Protection (CBP) personnel operating at the multiple ports of entry throughout Michigan had an unprecedented year, with a 1,736 percent increase in seized marijuana and 227 percent increase in seized firearms amid public health concerns and restricted travel conditions related to the global Covid-19 pandemic.

The Detroit Field Office includes the Ambassador Bridge and Detroit Windsor Tunnel, the Blue Water Bridge in Port Huron, the International Bridge in Sault Ste. Marie, and Detroit Metropolitan Airport.

Drug enforcement operations at Michigan’s five ports of entry netted the following totals: 9,059 pounds of marijuana – a 1,726 percent increase when compared with last fiscal year; 211 pounds of cocaine, more than 1.5 pounds of methamphetamines; and a little more than 15 pounds of fentanyl.

A total of 203 firearms were seized – a 227 percent increase from last year – along with 5,334 rounds of ammunition.

The amount of undeclared currency seized totaled $4.6 million dollars.

A total of 225 individuals were arrested in Fiscal Year 2020 for reasons to include: narcotics smuggling, human smuggling, firearms violations, and fraud.

Finally, our Agriculture Specialists intercepted 2,010 pests. Their diligence and expertise is crucial in preventing foreign pests from causing harm to the agriculture industry.

“This past year the men and women of CBP worked through some of the most adverse conditions that we have ever asked them to work through especially here in Detroit,” said Christopher Perry, Director of Field Operations for CBP in Detroit. “I am simply amazed at how our officers steadfastly enforced the laws of the United States, while fostering our nation’s economic security through lawful international trade and travel during the greatest pandemic my generation has seen.”

We have noticed an uptick in seizure cases again as the pandemic wanes, and people get vaccinated and become more comfortable (and able) to travel. Fiscal year 2021, which began in October 2020 and ends on October 2021, will still be majorly affected by pandemic. Less travel means less cash seizures by CBP.

Has Detroit CBP seized your cash?

If CBP in Detroit 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.