Tag: fy 2016

Notice of Seizure and Intent to Forfeit (CAFRA) at the Port of Detroit

Detroit CBP Cash Seizure: Last Call!

Posted by Jason P. Wapiennik on

On July 8, CBP Detroit issued a notice of intent to forfeit $15,554 that was seized at Detroit Metropolitan Airport on May 9, 2016, for a violations of the unlawful structuring and the border cash reporting requirements. The notice of seizure and intent to forfeit publications on forfeiture.gov or the legal equivalent of the bartender yelling “Last call!” at a bar and turning on the lights.

As with a similar story we posted days ago, because this notice is being published likely means that someone chose to abandon cash seized by CBP, or that they never a notice of seizure by mail. Because someone missed the deadline, the notice, or abandoned the property, CBP has thus begun administrative forfeiture proceedings.

Here’s the notice:

PUBLICATION/POSTING START: July 08, 2016
PUBLICATION/POSTING END: August 07, 2016
DEADLINE TO FILE A CLAIM: September 06, 2016

2016380700077501-001-0000, Seized on 05/09/2016; At the port of DETROIT, MI; US CURRENCY RETAINED;  200; EA; Valued at $15,554.00; For violation of 31USC5317, 31USC5316, 31CFR1010.340(A), 31USC5324

Anyone with a legal interest in the property can submit a claim, with some limitations. Completing a claim and properly submitting it to CBP is the last chance for anyone with an interest in the property to try to get it back.

After money has been seized by CBP, it is best to consult with and proceed with the advice of a law firm that specializes in customs laws and cash seizures; there are number of mistakes that can be made in electing to proceed with making an offer in compromise, filing a claim, an administrative petitioner, or otherwise responding.

If you want to learn more about responding to a customs cash seizure, 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.

Another Detroit CBP cash seizure abandoned

Posted by Jason P. Wapiennik on

Earlier on July 2, CBP Detroit posted a notice of intent to forfeit $20,728 that was seized at Detroit Metropolitan Airport (port code 3807) on June 20, 2016, for a simple failure to report more than $10,000 being brought into the country or out of the country, as required by currency reporting laws.

The fact that publication has already begun for this recent seizure is probably unfortunate. It means that someone has chosen to abandon their money or has never received a personal notice of seizure letter from CBP. After the seizure notice letter is mailed, CBP can begin administrative forfeiture proceedings after 35 days have passed.

Someone with an interest in the property can file a claim based on the publication of the notice of intent to forfeit; however, if the person received a personal notice of seizure letter, legally speaking, the deadline for filing a claim will have already passed. Don’t let that fact discourage you from contacting our office, because sometimes there are ways around this bar to filing a claim.

Here’s the notice:

PUBLICATION/POSTING START: July 02, 2016
PUBLICATION/POSTING END: August 01, 2016
DEADLINE TO FILE A CLAIM: August 31, 2016

DETROIT, MI

2016380700088501-001-0000, Seized on 06/20/2016; At the port of DETROIT, MI; U.S. CURRENCY RETAINED;220; EA; Valued at $20,728.00; For violation of 31USC5317, 31USC5316, 31CFR1010.340(A)

I’ve seen some lawyers out there say never to bother filing an administrative petition cash seized by a federal agency; to always file a claim.

We have always had tremendous success in negotiating return of the money through the filing of administrative petitions for our clients who have had their money seized by CBP, especially in Detroit. So do not be fooled my lawyers who try to pressure you into filing a claim so they can charge you higher legal fees by filing a claim.

If you got currency seized by CBP 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.

A copy of the notice of seizure and intent to forfeit featuring the case of the incomplete check seized by CBP

Incomplete Checks Seized by CBP in Detroit

Posted by Jason P. Wapiennik on

On May 10, someone at the land border between Detroit and Canada attempted to bring into or leave the country with a check for $50,000 that was blank – in that it did not have a payee — in other words, the payee in the “pay to the order of” section of the check was blank. That’s what you call an “incomplete instrument” in legal-speak, or we’ll call it an incomplete check for our purposes.

Incomplete checks fall under the general monetary instrument reporting requirements that Customs enforces at all ports of entry through the United States. In fact, incomplete checks are specifically identified as being part of the monetary instruments that must be reported to customs, apart from cash. 31 CFR 1010.100(dd)(iv) states the monetary instruments include ….”incomplete instruments (including personal checks, business checks, official bank checks, cashier’s checks, third-party checks, promissory notes (as that term is defined in the Uniform Commercial Code), and money orders) signed but with the payee’s name omitted“.

So Last Friday, U.S. Customs & Border Protection at the Port of Detroit noticed its seizure and intention to forfeit a check (a/k/a a negotiable instrument) valued at $50,000. The notice is as follows:

PUBLICATION/POSTING START: June 24, 2016
PUBLICATION/POSTING END: July 23, 2016
DEADLINE TO FILE A CLAIM: August 23, 2016

2016380100064801-001-0000, Seized on 05/10/2016; At the port of DETROIT, MI; CHECK (SIGNED WITHOUT PAYEE); 1; EA; Valued at $50,000.00; For violation of 31USC5317, 31USC5316, 31CFR1010.340(A)

I bet this person thought they could get around the reporting requirement by not completing the payee on the check, just like the many people who think they can get around the reporting requirement by dividing the money through structuring.

They might also be under the mistaken impression that they will cancel the check, and CBP will not be able to keep the $50,000. But that is not what happens when CBP seizes a check; after seizure, CBP can “freeze” those funds in the bank account, or by otherwise getting access to the money, and by getting cooperation from the bank itself. Be warned.

Have you had a check seized by CBP?

If you have had a check seized by CBP 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.

An image of 11 counterfeit championship rings that were seized by Detroit U.S. Customs & Border Protection at Detroit Metropolitan airport.

Detroit CBP Seizes $680k in Counterfeit Championship Rings

Posted by Jason P. Wapiennik on

CBP at Detroit Metro Airport seized $680,000 worth of counterfeit championship rings that were being imported into the United States from China. This counterfeit seizure by happened in April, but it is just now making the news.

That’s probably because the story finally made it from FP&F to CBP’s press department, or because the notice of seizure was finally mailed after a final determination by CBP that the rings were actually counterfeit. A valuation of $680,000 means that Customs is putting an MSRP value on each ring of $5,000.

Recall that each time you cause an importation of a counterfeit item into the United States it subject to seizure and you are subject to a penalty, as the importer, for up to the value of the goods if they were real. You can read more about that in our other articles on that topic: Importing Counterfeit Trademarks – Customs Seizures & Penalties; Part 1 and Part 2  (click to read).

The use of a fictitious name by the importer opens the importer up to additional liability beyond merely violation 19 USC 1526(e) (importing counterfeits), by charges involving fraud. Not a smart move. Here’s the story:

DETROIT— In late April, U.S. Customs and Border Protection (CBP), Office of Field Operations at the Detroit Metropolitan Airport seized $680,000 (MSRP) in counterfeit NHL, NFL and MLB championship rings in a shipment that originated on a flight from China.

While conducting operations at a DHL consignment facility, the Cargo Enforcement Team selected and examined a shipment of rings from China, resulting in the discovery of 136 counterfeit championship rings from the National Football League, National Hockey League and Major League Baseball. In all, the counterfeit rings displayed the names and logos of several teams such as the Dallas Cowboys, Pittsburgh Steelers, New York Giants, Oakland Raiders, New Orleans Saints, and New York Jets. The shipment also included rings for the Chicago Black Hawks and the Boston Red Sox.

The company identified as the receiver of the rings used a fictitious name and was found to have previous copyright/trademark violations.

Have you had allegedly counterfeit merchandise seized by CBP in Detroit?

Not only do you have rights to contest the determination that the merchandise was counterfeit (like getting a sample of seized merchandise), but if you’ve been penalized we are very successful in getting penalties reduced or eliminated entirely. Click the contact button on this page to get in touch with us today!

June 10th notice of seizure and intent to forfeit for a money seizure at Detroit Metro Airport

Money Seizure at Detroit Metro Airport in 6/10 Notice

Posted by Jason P. Wapiennik on

In March 2015, U.S. Customs & Border Protection (Customs) seized $8,188 USD and $4,901.52 of Taiwanese New Dollar cash from a traveler at the Detroit Metro Airport. The seizure was for a simple failure to report cash to Customs (recall here that there is no limit on traveling into or out of the country with more than $10,000, but the money must be properly reported to CBP to avoid seizure).

Just this June 10th, CBP in Detroit published a notice of seizure and intent to forfeit the cash (valued at $13,098.62) for that same violation of law; presumably, the reason for the delay between the seizure over 15 months ago and the publication of the forfeiture notice is that either no one could prove the money was from a legitimate source and had a legitimate intended use, the person tried to do it themselves without a lawyer (and messed up), or had a lawyer who knew nothing about the process for getting back cash seized by Customs.

To anyone who considers getting back seized money without a lawyer, be forewarned: the process is complex and we have seen many attorneys lose cases that our firm could have won because they don’t know what they are doing. Just this past week, we’ve been undoing the mess of an immigration lawyer who (in my opinion) is about to be responsible for permanently losing around $12,000 for his clients who had a money seizure at Detroit Metro Airport last year.

This person might be in the same predicament; bad advice, or no advice. And as a consequence, good-bye money! Perhaps they’ll get smart and give us a call before they don’t even stand a chance of getting back a penny.

PUBLICATION/POSTING START: June 10, 2016
PUBLICATION/POSTING END: July 09, 2016
DEADLINE TO FILE A CLAIM: August 09, 2016

DETROIT, MI

2015380700055701-001-0000, Seized on 03/04/2015; At the port of DETROIT, MI; US CURRENCY RETAINED;
118; EA; Valued at $8,188.00; For violation of 31USC5317,31USC5316
2015380700055701-002-0000, Seized on 03/04/2015; At the port of DETROIT, MI; TAIWAN CURRENCY
RETAINED; 480; EA; Valued at $4,910.62; For violation of 21USC5317,31USC5316

Have you had a money seizure at Detroit Metro Airport?

If you experienced a money seizure at Detroit Metro Airport 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.

A Cash Seizure at O'Hare Airport Chicago is pictured in this Notice of Seizure and Intent to Forfeit

Cash Seizure at O’Hare Airport in June 3 Notice

Posted by Jason P. Wapiennik on

A cash seizure at O’Hare Airport in Chicago was recently published for administrative forfeiture by U.S. Customs & Border Protection. As said, the seizure ocurred at Chicago’s O’Hare airport and the reasons for seizure were a failure to report cash to CBP at O’Hare airport and bulk cash smuggling.

A decision timeline at CBP in Chicago on a currency seizure petition typically takes anywhere from 6 to 18 months, depending on which paralegal is handling the case and the issues raised in the petition and the supporting documentation. Thus, the fact that this cash seizure occurred on March 12, 2016, at O’Hare airport tells me that either someone did not receive the personal notice of seizure letter, they have chosen not to respond to it, their petition was legally defective, or they have (or will soon) file a claim.

A claim removes the case from CBP and brings it before a judge in Federal District Court. Our Chicago customs law office is located conveniently within a few blocks of both CBP’s Fines, Penalties & Forfeitures branch and the Federal District Court for the Northern District of Illinois.

When is better to file a claim with CBP and not an administrative petition? That is a question that should only be answered after consulting with a customs lawyer experienced in getting cash seizures returned from CBP because each case is a little different. We wrote about that issue a little bit in our article called Understanding CBP’s Election of Proceedings Form.

The excerpt from forfeiture.gov is reproduced, in part, below:

PUBLICATION/POSTING START:
PUBLICATION/POSTING END:
DEADLINE TO FILE A CLAIM:

June 03, 2016
July 02, 2016
August 02, 2016

CHICAGO, IL
2016390100060801-001-0000, Seized on 03/12/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 1,331; EA; Valued at $42,440.00; For violation of 31USC5317(C), 31USC5316, 31USC5332

Have you had a cash seizure at O’Hare Airport Chicago?

If you experienced a cash seizure at O’Hare Airport Chicago 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.

Back-to-back Detroit airport money seizures are listed in this May 27 Notice of Seizure and Intent to Forfeit published by CBP

Back to back Detroit airport money seizures

Posted by Jason P. Wapiennik on

Detroit CBP seized a total $40,249 in back-to-back money seizures at Detroit airport on March 29, 2016 for failure to report and illegal cash structuring. The excerpt from the notice of seizure and intent to forfeit gives only the most essential information that allows for someone with an interest in the property to file a claim.

The fact that administrative forfeiture proceedings have begun (as signified by the fact it is being published in this way on forfeiture.gov) probably represents a bad decision by the people who experienced the Detroit airport money seizures, or by their attorney. Immigration attorneys and general practitioners have no business doing the work of a customs lawyer in responding to a money seizure by CBP at Detroit airport or elsewhere.

What are some reasons people choose the administrative forfeiture route?

It could be lack of evidence to prove legitimate source or intended use, failure to actually receive the personal notice of seizure letter, fear of criminal repercussions, failure to understand the difference between the different election of proceedings options… and other reasons related to ignorance of the law about money seizures.

Here’s the excerpt from CBP’s forfeiture.gov posting:

PUBLICATION/POSTING START:
PUBLICATION/POSTING END:
DEADLINE TO FILE A CLAIM:

May 27, 2016
June 25, 2016
July 26, 2016

2016380700066701-001-0000, Seized on 03/29/2016; At the port of DETROIT, MI; US CURRENCY RETAINED; 265; EA; Valued at $20,558.00; For violation of 31USC5317,31USC5316,31CFR1010.340(A),31USC5324

2016380700067101-001-0000, Seized on 03/29/2016; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 235; EA; Valued at $19,691.00; For violation of 31USC5317,31USC5316,31CFR1010.340(A),31USC5324

Have you experienced a Detroit airport money seizure?

If you experienced a Detroit airport money seizure by U.S. Customs & Border Protection  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.

PHL Fake Traveler's Check Seized by CBP in Philadelphia en route to Chicago

CBP Seizes Counterfeit Checks for Chicago

Posted by Jason P. Wapiennik on

CBP in Philadelphia seized counterfeit traveler’s checks with a face value of $33,000 on May 25th, which were destined for an address in Chicago. The seizure occured at a sorting facility near the Philadelphia International Airport. Here’s part of the story from CBP:

CBP officers inspected the parcel, which arrived from Nigeria and was manifested as documents, and discovered 67 separate $500 MasterCard travelers checks. Upon closer inspection, CBP officers discovered that none of the alleged security features were visible on the checks. CBP officers seized the parcel, which was destined to an address in Chicago.

The story closes by saying that on a typical day CBP seizes more than $350,000 in cash from throughout the country. Here, the negotiable instruments were not part of a failure to declare (although calling them “documents” certain is not a full declaration for customs purposes), but rather were seized because they were counterfeit and also very likely connected to other criminal activity (scamming).

A twist on this story I’ve heard recently is scammers offering to send millions of dollars of cash into the United States, rather than traveler’s checks. Fortunately (or unfortunately), I do not always know how these scam stories end or what the story is behind the scam (that is, why they’re offering to send cash or traveler’s checks, if it’s counterfeit, etc.), but the old say that if something is too good to be true, it probably is, has helped many people avoid being scammed by these counterfeit check/money situations.

Anyone involved in these types of transactions, whether knowingly or unknowingly, opens themselves up to both criminal and civil liability. Don’t get yourself in trouble.

We recently wrote about “millions” of dollars of “hell” counterfeit money that was seized after arriving travelers, not imported through a commercial shipment, as here.

Texas CBP seized cash. A picture of 19 stacks of $20 and $100 bills part of the cash seized by CBP at Hidalgo International Bridge

Orlando Cash Seizure by CBP

Posted by Jason P. Wapiennik on

An Orlando cash seizure by U.S. Customs & Border Protection at Orando International Airport is a first for this customs “blawg”. The story from CBP, quoted in part below, describes the events leading up to a seizure. In this case, the cash smuggler was a Spaniard exiting the country for Costa Rica in Orlando. He only reported having $800 cash, not the $100,000 he was found with:

The individual, a Spanish passport holder, was boarding a flight to Costa Rica when stopped for questioning by CBP officers performing outbound operations.  When asked how much money he was carrying the man responded $800. However, upon further inspection of the man and his luggage CBP officers discovered the unreported currency violating federal currency reporting regulations.

The story says this was cash smuggling (a/k/a bulk cash smuggling), but does not explain why. Recall as we’ve explained here before that bulk cash smuggling involves the concealment of cash in any way with an intent to evade the cash reporting requirement.

No word, though, on how it was concealed or what tipped CBP off leading to this big Orlando cash seizure. That’s a fairly big wad of cash; even assuming it was all in $100 bills, that would still be a total of 10,000 Benjamins. The laws are enforced differently by each port, with more of less zeal than others. It could be that the money was just in a carry-on bag in one or two places and CBP considered it bulk cash smuggling because it was not in plain sight and it was coupled with a failure to report. In other words, if I put $100,000 in my bag and, when asked, tell CBP I only have $800 then CBP is pretty safe in presuming that I am evading the reporting requirement and that is why I’ve hid the cash.

On the other hand, the smuggling could be more intentional. It could be that it bundles of currency were sewn into the lining of the luggage, or into the lining of clothing that was then placed in the carry-on. That is a stronger showing of concealment with intent to evade because more planning is involved in sewing the money in a way that avoids casual discovery.

Have you experienced an Orlando cash seizure by CBP?

If you experienced an Orlando cash seizure by U.S. Customs & Border Protection  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.

Picture of what the cash seized at Dulles airport looked similar to.

CBP Cash Seizure Trends Change

Posted by Jason P. Wapiennik on

CBP cash seizure trends change over the years. For example, a recent money seizure at Dulles Airport tells me that Dulles CBP seems to be ramping up enforcement of the currency reporting requirement. As with the most recent stories we’ve put up on this customs law blog, this story likewise involves person traveling to Africa — a report of $18,000 was made, but the amount he transported actually was $28,518.

U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized $28,518 Monday from a U.S. citizen for violating federal currency reporting regulations.

A man, who is a resident of Georgia, was boarding a flight to Ethiopia and was selected for questioning by CBP officers who were conducting an outbound enforcement operation on the international flight.  The man completed a financial form, reporting $18,000 however; a total of $28,518 was discovered on his person and in his luggage.  CBP officers seized the $28,518 and advised him how to petition for the return of the currency.

The fact that many cash seizures at Dulles have occurred to people traveling to and from Africa is interesting (to us, anyway); because as populations shift, market demands change, airlines change routes, add new destinations, or go in-and-out of business, so to do enforcement opportunities by CBP.

With an improving African economy, more cash goes to and from the country. What is true now about people traveling to Africa was not true in the 1970s, and may not be true in the 2030s. Enforcement may shift with shifting immigrant populations. For example, if China’s economy is on the brink of collapse, Chinese nationals are going to try to get their cash out of the country. That means heightened cash seizure opportunities by CBP at every international airport where those flights will land.

For example, a few years back there was a big spike in cash seizures from Mongolians at Chicago O’Hare International Airport. The reason for the cash seizure trend changing was was an improving Mongolian economy and convenient flights between Chicago O’Hare International airport and Ulaanbataar, Mongolia.

You should go back and read our blog posts about Chinese importing money into the United States and our popular article about targeted enforcement of customs money seizures for more information on this phenomenon.