Tag: fy 2018

Summary of CBP currency seizure enforcement activity for FY 2018

CBP Cash Seizure 2018 Statistics

Posted by Jason P. Wapiennik on December 26, 2018

In what will very likely be our final blog post of 2018, let’s close the year out by looking at some of CBP’s recently released enforcement statistics for cash seizures across the country. CBP does this each year; but these aren’t yet the final numbers, they exclude the last month of CBP’s fiscal year (September).

Each year, I’m stuck with figuring out how the amount of cash seizures in the last fiscal year stack up against prior years (CBP’s fiscal year begins on October 1).

This year, CBP has done the math for me and showed that the amount of cash seizures through August 31, 2018, was $59.8 million. That is slightly lower than FY 2017 ($65 million). The biggest year for cash seizures by CBP was $81.2 million in FY 2014.

Interestingly, they’re counting border patrol seizures as separate from CBP Office of Field Operations. See the chart below for additional details:

https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics

Image of Canadian and US cash seized by CBP at Massena NY by U.S. Customs & Border Protection

CBP Officers at Massena Seize $24,000 in Unreported Currency

Posted by Jason P. Wapiennik on October 3, 2018

Customs officers seize cash at land-border crossings just like they seize cash at airports; whether air, land, or sea, Customs has authority to seize unreported, structured, or smuggled cash. It happens at large ports (like San Diego-Tijuana), but also at smaller, sleepier, less densely populated ports, like the Massena Port of Entry in New York (pop. 12,883).

Here’s the full story, with my comments in red, from CBP:

On September 27, 2018, U.S. Customs and Border Protection (CBP) Officers at the Massena Port of Entry seized approximately $24,000 from a Cambodian citizen who violated the federal currency reporting requirements.

During a secondary examination, the traveler was asked if they had any currency to declare and stated they only possessed pocket change. [That it was secondary inspection means they already had a chance to declare the cash, but did not.]During the vehicle inspection, a large amount of currency was discovered in the center console of the vehicle. Additionally, it was revealed that the traveler had also concealed more currency within their front trouser waistband. [Combined with a failure to report, the cash being concealed within the console and wasitband will allow Customs to presume it was hidden with intent to smuggle it.]The undeclared currency was a combination of U.S. and Canadian funds and totaled approximately $24,000 U.S. dollars after currency conversion.

“This currency seizure illustrates the importance of travelers complying with all U.S. laws, including federal currency reporting regulations, and also highlights the consequences of noncompliance,” said Port Director Robert Dwyer. “Currency seizures are a direct reflection of CBP’s continued commitment to enforce all U.S. laws at our nation’s borders.”

The undeclared currency was seized pursuant to Title 31, U.S. Code, Section 5317 for violation of Title 31, U.S. Code, Section 5316, failing to declare over $10,000 in currency or monetary instruments. [No mention of 31 USC 5332, the bulk cash smuggling statute. But, often these news releases are not as precise as the actual notice of seizure]. The traveler was subsequently refused admission to the U.S. and returned to Canada. [The traveler is lucky s/he did not also get arrested, as concealing and not reporting cash is punishable as a crime, in addition to seizure of the cash itself.]

It is not against the law to carry large amounts of currency in or out of the United States. Arriving or departing travelers may carry as much currency as they wish. However, federal law requires that travelers who possess $10,000 or more in currency or other monetary instruments to declare this to a CBP officer at an airport, seaport, or land border crossing where they enter or leave the country.

Have you had cash seized by Customs in New York?

The process of getting seized cash from Customs in New York back is long and complicated; most importantly, legitimate source and intended use must be proven. If CBP seized cash from you, 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.

Pile of cash totaling more than $600,000 seized by U.S. Customs & Border Protection in Brownsville, Teas

Brownsville CBP Seizes $644,285 in Cash

Posted by Jason P. Wapiennik on September 24, 2018

Everything — including CBP cash seizures — are bigger in Texas. Case in point: Last week, CBP officers in Brownsville, Texas, seized more than a half-million in cash from two forty-ish year old U.S. citizens who were heading to Mexico.

The facts in these cases always lead me to believe the currency was being moved as part of the illegal drug trade, and that the men moving the money were likely mules just moving the cash from the sale of drugs made by others, back to the shippers in Mexico. The men picked are likely picked because they do not arouse suspicion, and so CBP should get all the more credit for making a huge seizure such as this.

Here’s the full story (original here) on this mega-cash seizure from Brownsville CBP.

BROWNSVILLE, Texas – U.S. Customs and Border Protection officers working at the Brownsville and Matamoros International Bridge Port of Entry seized $644,285 in unreported bulk U.S. currency and more than $17,000 in cocaine in separate, unrelated enforcement actions.

“Our CBP officers did an outstanding job in taking down this significant load of bulk currency . . . ” said Port Director Tater Ortiz, Brownsville Port of Entry. “Their vigilance and experience were key factors in their successful interceptions.”

The . . . seizure took place on Wednesday, Sept. 5, when CBP officers working at the Brownsville and Matamoros International Bridge came in contact with a 42-year-old male United States citizen from Brownsville, Texas, and a 40-year-old male United States citizen from Brownsville, Texas, and a passenger in the same vehicle who were selected for a routine outbound inspection. With the aid of a non-intrusive inspection system and canine unit, CBP officers discovered multiple packages of bulk U.S. currency totaling $644,285 hidden within the vehicle.

CBP officers seized the currency and narcotics, arrested the travelers and turned them over to the custody of Homeland Security Investigations (HSI) special agents for further investigation.

Has Brownsville CBP taken your cash?

If Brownsville CBP has taken your cash, please call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

ICE arrests reggaeton singer for bulk cash smuggling

Posted by Jason P. Wapiennik on September 21, 2018

No one is exempt from the requirement to report more than $10,000 to CBP upon entering or leaving the United States, and other customs territories (which includes Puerto Rico). Earlier this year, Customs seized $51,802 from a reggaeton singer who goes by the stage name Farruko. Not only was the money seized, but the Farruko was arrested.

Basically, Farruko flew via helicopter from Dominican Republic to Puerto Rico with more than $50,000. Upon his arrival in Puerto Rico, he completed the standard customs form on which he denied traveling with more than $10,000. However, CBP searched his bag and found cash, including some hidden in “the soles of his shoes.”

Presumably, the money was seized the same day (though the story does not so state); the next day, HSI agents obtained an arrest warrant and also arrested the singer for, presumably, bulk cash smuggling and failure to file a currency report.

The full story, originally HERE, is as follows:

SAN JUAN, Puerto Rico – A reggaeton singer was arrested Tuesday in Bayamon for failure to declare transportation of monetary instruments more than $10,000 and for bulk cash smuggling into the United States. The arrest is the result of a joint investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) and U.S. Customs and Border Protection (CBP).

On April 2, Carlos Efrén Reyes-Rosado, aka Farruko, 27, traveled by helicopter from the Dominican Republic to Puerto Rico. When Reyes-Rosado filled out the CBP 6059B customs declaration form, he indicated that he was not carrying more than $10,000.

HSI special agents initially detained him at the Isla Grande airport in San Juan after a search of his bags revealed that he was carrying approximately $51,802 in U.S. currency in his luggage and in the soles of his shoes in his bags.

On April 3, U.S. Magistrate Judge Bruce McGiverin authorized a criminal complaint and issued an arrest warrant against Reyes-Rosado. HSI special agents arrested him the same day.

Reyes-Rosado had his preliminary hearing before McGiverin Wednesday.

[ . . . ]

Assistant U.S. Attorney María L. Montañez oversees the prosecution of the case. If convicted, the defendant faces a fine of no more than $250,000; five years in prison, or both; and forfeiture of the property involved in the offense.

Have you had bulk cash seized?

The process of getting undeclared currency seized by CBP back is long and complicated; most importantly, legitimate source and intended use must be proven. If CBP seized bulk cash from you, 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.

CBP San Juan Seizes $844,000 Smuggled in TVs

Posted by Jason P. Wapiennik on September 19, 2018

This year, United States Customs & Border Protection officers in San Juan, Puerto Rico, made a staggering cash seizure of $844,000 that being exported from the Puerto Rico (a territory, therefore, within the customs territory of the United States).

Though the story is lacking in many details, it appears the vehicle was being exported from Puerto Rico to destinations unknown, when Customs officers became suspicious about it for some reason. They pulled the vehicle aside for closer examination, and discovered 16 smart TV boxes.

After imaging the boxes, they opened them up and “bundles containing US currency appeared.” That’s how the story puts it (was the cash hidden inside the boxes like a jack-in-the-box?).

Otherwise, the story – though published through another media outlet and available for reading here — appears to hew closely to the standard CBP news release narrative, including a disclaimer that it is OK for travelings to carry more than $10,000 into or out of the country, but it must be reported. This is confusing, especially because the story makes no factual assertion that the money was carried by a traveler.

Piles of cash sit atop evidence bags after seizure by U.S. Customs in Brownsville, Texas

Customs Seizes $46,536 in Bulk Cash at B&M Bridge

Posted by Jason P. Wapiennik on September 13, 2018

Earlier this year, CBP officers in Brownsville, Texas, seized a lot of money from a a pedestrian who was leaving the United States for Mexico, although the man was a Mexican national. Cash seizures by Customs officials at the land border between the United States in Mexico in such a large a mount are usually connected with the illegal drug trade.

That’s just one reason why traveling with $46,000, by foot to Mexico, is more suspicious than flying with $46,000 from Hong Kong to Las Vegas for a trip.

The Customs officers who seized the cash search him, and discovered “multiple packages” of bulk cash that totaled more than $46,000. The cash was seized, and the man was arrested (hint: bulk cash smuggling is a crime). Traveling with money out of the country is not illegal, but traveling with more than $10,000 out of the country and not reporting it to CBP is illegal, and will very likely result in seizure of the money.

The full story follows:

U.S. Customs and Border Protection officers working at the Brownsville and Matamoros International Bridge Port of Entry this weekend seized $46,536 in bulk, unreported U.S. currency.

“Our officer’s constant vigilance and experience made this currency seizure possible,” said Port Director Tater Ortiz, Brownsville Port of Entry.

The seizure took place on Sunday, Mar. 18, when CBP officers working at the Brownsville and Matamoros International Bridge came in contact with a 22-year-old male Mexican citizen from Matamoros, Tamaulipas, Mexico, who was selected for a routine outbound inspection. CBP officers conducted a visual and physical search of the bags the traveler was carrying which resulted in the discovery of multiple packages of bulk U.S. currency totaling $46,536 hidden within the bags.

CBP officers seized the currency, arrested the traveler and turned him over to the custody of Homeland Security Investigations (HSI) special agents for further investigation.

Have you had bulk cash seized by CBP?

CBP Seizes $170k from 7 Travelers at Dulles

Posted by Jason P. Wapiennik on August 14, 2018

Dulles CBP does it again, and again.. and again, again, again, and again, and… again. That is, they sezied almost $170,000 in cash at Dulles airport for not reporting cash to Customs before leaving the country.

The 7 cash seizures by Customs range over a 2 week period, from July 13 to August 1. Travelers were taking cash to Belgium, Ghana, Turkey, Qatar, and Serbia. In each case, the travelers were stopped by CBP before boarding their plan and incorrectly reported the amount of money they were traveling, when asked.

Note that, if you’re boarding your flight and you haven’t already made the report, even if you make an accurate report when stopped, you’ve already committed the violation of failure to report. Also, in these cases, not filing the report is only one of the potential charges; additionally, the money could be seized for bulk cash smuggling and structuring offenses, leading to a higher penalty. Worse yet, CBP can criminally indict any person for bulk cash smuggling, structuring, failing to report, and also making false statements to federal officials (i.e., reporting the wrong amount of money).

STERLING, Va., — U.S. Customs and Border Protection (CBP) officers seized $169,431 during seven recent violations of federal currency reporting laws at Washington Dulles International Airport.

It is not against the law to carry large amounts of currency in or out of the United States. Arriving or departing travelers may carry as much currency as they wish. 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 where they enter or leave 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, as illustrated by the following cases, and subjected to potential criminal charges.

CBP officers seized $21,735 from a Cameroon woman and son boarding a flight to Belgium August 1. The family reported $9,700. Officers discovered additional currency in envelopes in a carry-on bag. Officers released $735 to the family for humanitarian purposes and released the family.

CBP officers seized $30,721 from a U.S. man boarding a flight to Ghana July 30. The man verbally reported $9,000 then wrote down that he possessed $11,000. Officers discovered additional currency in white envelopes in a carry-on bag. Officers released $721 to the man for humanitarian purposes and released him.

CBP officers seized $26,177 from a U.S. family boarding a flight to Turkey July 29. The family reported $21,000. Officers discovered additional currency concealed inside children’s socks and in cell phone cases. Officers released $1,177 to the man for humanitarian purposes and released him.

CBP officers seized $34,585 from a U.S. man and his Ghanaian wife boarding a flight to Ghana July 23. The couple reported that they each possessed $10,000. Officers discovered additional currency during an inspection. Officers released $1,585 to the couple for humanitarian purposes and released them.

CBP officers seized $18,390 from a U.S. couple boarding a flight to Turkey July 21. The couple reported $9,090. Officers discovered additional currency in an envelope in a carry-on bag. Officers released $390 to the couple for humanitarian purposes and released them.

CBP officers seized $20,645 from a U.S. man and his Jordanian wife boarding a flight to Qatar July 19. The couple reported $14,020. Officers discovered additional currency in envelopes in the woman’s purse. Officers released $390 to the couple for humanitarian purposes and released them.

CBP officers seized $17,178 from a Kosovo woman boarding a flight to Serbia July 13. The woman reported $8,000. Officers discovered additional currency in luggage and carry-on bags. Officers released $1,578 to the woman for humanitarian purposes and released the family.

In each case, CBP officers read the federal reporting requirements to the travelers and solicited their understanding of the law. Officers afforded the travelers multiple opportunities to truthfully report all currency they possessed, both verbally and in writing.

“Customs and Border Protection outbound inspections protect against unreported exportations of bulk U.S. currency, which often can be proceeds from alleged illicit activity, or that fund transnational criminal organizations,” said Casey Durst, CBP’s Field Operations Director in Baltimore. “These currency seizures are a direct reflection of CBP’s continuing commitment to enforcing all U.S. laws, including federal currency reporting laws, at our nation’s international ports of entry.”

Dulles is one of the more aggressive ports when it comes to seizures, penalties, and criminal indictments. If you’ve had money seized by Customs, you should hire a lawyer.

$100 bills laid out on table seized by Customs

CBP Seizes $879K Smuggled by Plane

Posted by Jason P. Wapiennik on July 19, 2018

Customs officers in San Antonio, Texas, seized a very significant amount of cash – $879,000. Typically, we only read about such large amounts of cash being seized by CBP from vehicles, as one can easily imagine is part of the illegal drug trade.

But this time, the money was leaving the country on a private plan. The individuals involved were arrested for bulk cash smuggling. Here’s the story:

U.S. Customs and Border Protection officers working at the San Antonio International Airport intercepted a pair of travelers allegedly smuggling currency out of the U.S. July 15.

The travelers were carrying $879,695 packed in boxes and duct taped closed and were en route to Mexico via private aircraft when they were apprehended.

Two CBP officers arrived to San Antonio’s Fixed Base Operation to conduct an outbound inspection on a private aircraft when they noticed the aircraft was on the runway preparing for departure. The officers informed the Federal Aviation Administration tower that the aircraft had not been cleared for departure and to direct the plane to the CBP General Aviation Facility.

When the aircraft arrived, the officers began their inspection, which included asking the passengers for an oral declaration of any currency or monetary instruments they were carrying. Each passenger provided a negative oral declaration followed by a negative written declaration on CBP Form 6051B.

An inspection of the aircraft revealed taped boxes with stacks of currency concealed inside. CBP officers arrested two Mexican nationals for allegedly intending to evade the currency reporting requirements by knowingly concealing more than $10,000 in currency or other monetary instruments and attempting to transport the currency from within the U.S. to a place outside of the U.S.

[. . . ]

“One of the reasons CBP performs outbound inspections is 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 Houston’s CBP Acting Director of Field Operations Beverly Good. “This significant currency seizure is a direct reflection of our continuing commitment to enforcing all U.S. laws, including federal currency reporting requirements.”

This is among the largest single seizure of unreported currency in the Houston Field Office region which includes San Antonio, Dallas, Austin and Houston. The two men were arrested and turned over to Homeland Security Investigations.

On a typical day in 2017, CBP officers around the country seized $265,205 in undeclared or illicit currency.

Has CBP San Antonio Seized Your Cash?

If CBP seized your cash at San Antonio International Airport, you should give us a call for a free currency seizure consultation and make use of our free customs cash seizure legal guide.

CBP Seizes $559,000 in Arizona

Posted by Jason P. Wapiennik on May 4, 2018

CBP seized more than a half-million dollars from a 37 year old Mexican man who had hid the cash in the spare tire of his truck when crossing the border from the United States to Mexico, CBP reports. Hiding the cash is bulk cash smuggling. The contains a somewhat odd and misleading statement about how the government brings criminal charges, more on that below this story:

TUCSON, Ariz. – U.S. Customs and Border Protection officers at Arizona’s Port of San Luis arrested a Mexican national after seizing more than $559,000 in undeclared currency.

Officers performing outbound inspections referred the 37-year-old man Thursday afternoon, when a search of his Chevy truck led to the discovery of packages inside of his spare tire. A count of the cash totaled more than $559,290.

Customs and Border Protection officers seized the currency, and turned the subject over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Federal law allows officers to charge individuals by complaint, a method that allows the filing of charges for criminal activity without inferring guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The last paragraph contains the odd statements. Federal law does allow the use of complaint to file criminal charges, but without “inferring guilt”? My dictionary tells me “inferring” means to “deduce or conclude (information) from evidence and reasoning rather than from explicit statements”. That doesn’t make sense; I think what they meant to say was that a complaint can be filed, and by the filing of the complaint, the subject of the criminal investigation is “presumed innocent until proven guilty.”

The statement goes on to say that, sort of, but instead of saying “until proven guilty” it says “until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.” The problem here is that evidence must be not only presented, but it is up for the jury to make the determination that the evidence is enough to be found guilty beyond a reasonable doubt. And I’m not sure about the use of the term “competent” evidence; generally speaking, for evidence to even be submitted to a jury it must be relevant and issues of “competence” would, to my mind, only apply to individuals giving testimony. If someone is not competent to testify (due to insanity, minority, etc.), they would not be allowed to testify and therefore not have that testimony heard by the jury.

CBP Chicago Seizes $107k Cash

Posted by Jason P. Wapiennik on April 18, 2018

Finally, a customs cash seizure in Chicago has made the news! This story involved over $100,000 being taken out of the country and into Jordan. The story states that at least part of the $107,360 was concealed in “several sealed shirt bags” which then prompted the individual to declare $107,000. Our Chicago office sees a few cash seizure cases each year.

Interestingly, the story states that it was seized because the passenger “failed to properly report” the cash — but they do not state that it was seized for bulk cash smuggling. Based on the explanation in the story, I would expect it to also be seized for bulk cash smuggling violations — which could mean a loss of 50% of the money by the individual even if they can prove it came from a legitimate source and had a legitimate intended use.

CHICAGO—On April 11, 2018, U.S. Customs and Border Protection (CBP) Officers assigned to O’Hare International Airport intercepted one male subject concealing $107,360 during an Outbound Enforcement Operation.The passenger was traveling alone on his way to Jordan. When asked, the passenger gave a currency declaration for monetary instruments in the amount of $20,000. However, during inspection of the subject’s carryon baggage, several sealed shirt bags were found and inspected revealing numerous bundles of $100 bills. When CBP Officers found the concealed currency, the subject stated he actually had $107,000.

CBP seized the money because the passenger failed to properly report he was traveling outside of the United States with more than $10,000 as required by 31 USC § 5316.

Has CBP Chicago Seized Your Cash?

If CBP Chicago seized your cash at Chicago O’Hare Airport or Midway airport, you should give us a call for a free currency seizure consultation and make use of our free customs cash seizure legal guide.