Tag: fy 2018

CBP Counting Seized Money on Steel Table

CBP Philadelphia Seized $152k in Unreported Cash

Posted by Jason P. Wapiennik on

The last time we wrote about how CBP Philadelphia seized cash was more than 3 years ago. Cash seizures do not happen too frequently at Philadelphia International Airport (PHL), but they definitely do happen.

As proof, recently CBP Philadelphia conducted two cash seizures, with the total value being over $150,000. The two men, apparently in two separate incidents, were traveling to Turkey and Ghana. The story is light on details and follows the typical format, including the 2017 cash seizure statistic that on a typical day, CBP seized $265,205.

Here are the (scant) details on the CBP Philadelphia cash seizure:

U.S. Customs and Border Protection (CBP) officers seized $152,342 in unreported currency from two men who recently departed Philadelphia International Airport.

On Saturday, CBP officers seized $105,842 from a man destined to Ghana who initially claimed that he possessed $60,000.

On April 1, CBP officers seized $46,500 from a man destined to Turkey who initially claimed that he possessed $30,000.

In each case, CBP officers afforded the travelers multiple opportunities to truthfully report all currency.

CBP is not releasing the travelers’ names because none was criminally charged. 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 all travelers to be completely honest and report all their currency during an inspection with a CBP officer.  Consequences could be severe, including seizure of all currency and possible criminal prosecution,” said Joseph Martella, CBP Area Port Director for the Area Port of Philadelphia.  “The best way for travelers to hold onto their currency is to fully comply with our nation’s currency reporting laws.”

Has CBP Philadelphia seized your cash?

If CBP Philiadelphia seized your cash at PHL airport, you should act quickly to ensure that your rights to get the money out of seizure and forfeiture are not lost. You should educate yourself on the process by reading our customs money seizure guide, or contact us directly for a consultation. Our experience can help you just like the many, many others we have already helped.

 

A CBP officer conducts a primary inspection at the SENTRI lane at Hidalgo International Bridge.

CBP seizes $11,00 from Trusted Traveler participant

Posted by Jason P. Wapiennik on

Recently, CBP in Texas seized almost $11,000 from a “trusted traveler” who hid the money in her purse, in what sounds like it might be a bulk cash smuggling violation. I get several clients who have had money or undeclared goods seized, and who are members of trusted traveler programs, and are upset to find out that they are losing their trust traveler privileges. CBP has recently published a compilations of reasons people have been denied or had Global Entry revoked available here.

As this article somewhat explains, participation in these programs is a privilege, not a right; it is based on CBP’s determination that you are a low risk. If you demonstrate that you are no longer a low risk by not declaring goods or cash, then you will lose the privilege. The full story is available here, but it is edited for clarity by yours truly, as follows:

U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Hidalgo International Bridge recently seized $10,652 in unreported U.S. currency from a Secure Electronic Network for Travelers Rapid Inspection (SENTRI) member utilizing the trusted traveler lane.

On March 2, CBP officers at the Hidalgo International Bridge conducting inspections at the SENTRI lane selected a 2016 Chevrolet Tahoe for further inspection. The vehicle was driven by a 40-year-old female United States citizen from Pharr, TX. During the secondary search, officers discovered a total of $10,652 in unreported U.S. currency concealed throughout the woman’s purse.

CBP OFO seized the currency and revoked the woman’s SENTRI privileges. The case remains under investigation by Homeland Security Investigations special agents.

“CBP would like to remind the traveling public that SENTRI is a trusted traveler program, and any violations of program rules, such as non-declaration of currency in excess of $10,000, can lead to permanent revocation of SENTRI privileges,” said Port Director Carlos Rodriguez, Hidalgo/Pharr/Anzalduas Port of Entry. “SENTRI members have demonstrated that they are low-risk travelers, and should be reminded that they are not exempt from inspection and more importantly, that violations of customs, immigration, agriculture laws and federal currency reporting requirements can lead to suspension from the program.”

SENTRI is a trusted traveler program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the U.S. via a dedicated lane. Participants must undergo a rigorous background check and in-person interview.

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the U.S., however, if the quantity is more than $10,000, they will need to report it to CBP. “Money” means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, travelers’ checks in any form, money orders, and negotiable instruments or investment securities in bearer form. Failure to declare may result in seizure of the currency and/or arrest.

Have you had cash or goods seized by CBP?

If you had cash or goods seized by CBP and are a trusted traveler, you will lose your trusted traveler status. However, you might still be able to get the seized cash or goods back if you act quickly; contact Great Lakes Customs Law for a consultation to learn what you can do to get your cash and goods back from CBP.

 

CBP Dulles Seizes Cash Bound for Ghana and Turkey

Posted by Jason P. Wapiennik on

Dulles CBP conducted more currency seizure operations on people entering and leaving the country for not report carrying more than $10,000 cash. The law requires that transporting more than $10,000 in cash into or out of the United States be reported to a Customs officer at the port of entry or departure, typically on FinCen Form 105. In this particular summary of enforcement activity, CBP seized a total of about $56,000 from a three different sets of travelers, as follows:

Three more travelers failed to truthfully report all their currency to a CBP officers and saw their currency seized.Consequences for violating U.S. currency laws are severe: from loss of all unreported currency to potential criminal charges, as illustrated by the following three cases:

  • CBP officers seized $18,565 from a passenger boarding a flight to Istanbul, Turkey Sunday. Officers discovered the unreported currency in the travelers checked baggage, carry-on bag and cellular phone case.
  • CBP officers seized $20,710 from a family boarding a flight to Ankara, Turkey Sunday. Officers discovered the unreported currency in the family’s baggage.
  • CBP officers seized $17,210 from a couple boarding a flight to Accra, Ghana Sunday. Officers discovered the unreported currency in four envelopes inside their baggage.

Travelers in all three cases were U.S. citizens. None was arrested.

Travelers may carry as much currency as they wish into and out of the United States. None of the currency is taxed. Federal law requires that travelers who possess $10,000 or more in currency or monetary instruments must report it to a CBP officer and complete a U.S. Treasury Department financial form.

“Customs and Border Protection urges travelers to be completely honest during CBP inspections, including by truthfully report all of their currency,” said Daniel Mattina, CBP Area Port Director for the Area Port of Washington Dulles. “The best way for travelers to hold onto their currency is to fully comply with our nation’s currency reporting laws.”

In each case, CBP officers afforded the travelers multiple opportunities to truthfully report all currency.

Did you fail to report more than $10,000 in cash to CBP?

If you fail to report more than $10,000 in cash to CBP, your money could be seized. If your money has been seized for a failure to report, you should contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

WPM Mark

Regulated Wood Packaging Material (WPM) and Penalties

Posted by Jason P. Wapiennik on

Nearly 5 years ago, we blogged about Regulated Wood Packaging Material (WPM) violations, and the trouble it can get importers into. You can read all about that in Regulated Wood Packaging Material Customs Violations. CBP’s page with links to various WPM resources is accessible on CBP’s website HERE.

But, now something has changed. Pursuant to the old CBP guidelines, an importer could have 5 WPM violations in one year before they were penalized. However, as of November 1, 2017, and importer is liable for a penalty in the first instance of a WPM violation.

The new frequently asked questions published by CBP and summarize the change thus “Effective November 1, 2017, responsible parties with documented WPM violation may be issued a penalty. This is a change from the previous published tolerance of five WPM violations.”

This change was initially broadcast through customs Cargo Systems Messaging Service (CSMS #17-000612). That message states the reason for the change in enforcement as follows:

To motivate WPM compliance, effective November 1, 2017, responsible parties with a documented WPM violation may be issued a penalty under Title 19 United States Code (USC) § 1595a(b) or under 19 USC § 1592.  This is a change from the previous published threshold of 5 violations.  There will be no yearly reset for calculating repeat violations as each WPM violation may incur a penalty.

So, importers: be motivated.

Can an application to separate violative wood packaging material still be filed?

Yes, the new guidelines still permit importer’s to file an application to separate violative wood packaging material to avoid re-importation of the merchandise.

If you have been informed that you wood packaging material is in violation of the law and needs to be re-exported, immediately contact us and we can prepare an application to separate violative wood packaging material so that, if it is granted, you do not have to undergo the time and expense of re-exporting the merchandise you are trying to import.

Can WPM penalties be mitigated?

Yes, WPM penalties can be mitigated. Never pay full price in a penalty proceeding! If you have received a notice of penalty or liquidated damages and are being told you must pay as a result of the violation, immediately call or e-mail our office at (734) 855-4999 and we can prepare a petition for mitigation of the penalty amount.

A picture of seized cash in an evidence bag from U.S. Customs and Border Protection.

Baltimore CBP Seizes $16k in Unreported Cash

Posted by Jason P. Wapiennik on

Back in October, I blogged about a cash seizure in Baltimore and said that the port of Baltimore doesn’t make it into the news too much for cash seizures. Of course, because I posted that about a month later there is a report of another cash seizure coming out of Baltimore for a failure to accurately report all money to U.S. Customs and Border Protection when leaving the United States.

Here is the full story (original here):

BALTIMORE — U.S. Customs and Border Protection (CBP) officers seized $16,100 from a Nigerian man at Baltimore Washington International Thurgood Marshall Airport Monday.

The man, who CBP has not named because he was not criminally charged, initially reported to officers that he possessed $1,500.  During a baggage examination, CBP officers discovered a $10,000 stack of currency and a $6,100 stack of currency.

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.

“The United States is a welcoming nation.  All we ask is that visitors respect our nation’s laws and truthfully report all currency they possess during an inspection with a Customs and Border Protection officer,” said Dianna Bowman, CBP Area Port Director for the Area Port of Baltimore.

Have you had cash seized from CBP at Baltimore Washington International Airport?

If CBP at Baltimore Washington International Airport has seized your cash, you need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

 

An image of cash seized by Customs at Dulles airport while traveling to Ghana

Dulles CBP Seizes $40k Cash Unreported

Posted by Jason P. Wapiennik on

Dulles continues to be the leading source for news-releases pertaining to cash seizures for more than $10,000 for failure to report to Customs, or bulk cash smuggling, and the related offenses under Title 31 of the United States Code. In this particular story (original here), Customs seized $40,000 from a man who reported traveling with $25,000.

Upon making that report he completed a FinCEN 105 form (probably under some duress) for that same amount. At this point (as they always do), CBP conducted a complete search of his person and baggage to determine if he was telling the truth. As is frequently the case, he was not. In fact, they discovered another $10,000 in a white envelope and another $5,400 in some other places. Here is the full story:

STERLING, Va., — U.S. Customs and Border Protection (CBP) officers seized $40,900 from a man boarding a flight to Ghana last Thursday at Washington Dulles International Airport.

The man, who CBP has not named because he was not criminally charged, initially reported to officers that he possessed $500.  After officers advised the man of U.S. currency reporting regulations, the man presented three white envelopes that contained $25,000, and reported that much on a financial reporting form.

CBP officers then discovered a manila envelope with $10,000, an additional white envelope in the man’s backpack that contained $5,000, and $400 more in his wallet.  The combined currency equaled $40,900.

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.

Has Dulles CBP seized your cash?

If Dulles CBP seized your cash, beware that you stand to lose a lot of it because of their aggressive penalization of bulk cash smuggling and structuring offenses. You should read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

CBP Atlanta Seizes over $500k in Counterfeit Cash

Posted by Jason P. Wapiennik on

There could have been a big cash seizure in Atlanta by CBP, if only the cash was not counterfeit. CBP Atlanta released some news about this very large would-be-cash-seizure, that happened on Halloween.  The man who tried to bring it in was a U.S. citizen return from Peru. All the money was hidden, and it was confirmed counterfeit by the United States Secret Service.

It was Halloween however, alert U.S. Customs and Border Protection (CBP) officers working at Hartsfield -Jackson Atlanta International Airport couldn’t be tricked by a man attempting to smuggle half a million dollars in counterfeit U.S. currency. CBP officer’s Tuesday, intercepted the 62-year old U.S. Citizen arriving from Peru who had attempted to hide $509,700 in counterfeit U.S. $100 bills in his baggage.

“This seizure demonstrates how U.S. Customs and Border Protection’s border search authority protects American businesses and consumers against counterfeit currency and other illicit products that pose potential harm to our nation and to our economy.” said Carey Davis, CBP’s Port Director for the Area Port of Atlanta. “This is our Border Security work at its finest, and we are proud of the officers involved.”

Agents from the U.S. Secret Service arrived and confirmed that the $100 bills were counterfeit. Secret Service agents took custody of the fake currency and individual. The U.S. Attorney’s Office, Northern District of Georgia is prosecuting.

Has Atlanta CBP seized your cash?

If Atlanta CBP seized your cash, beware that you stand to lose a lot of it because of their aggressive penalization of bulk cash smuggling and structuring offenses. You should read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

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

Officers seize more than $500,000 at Hidalgo Port of Entry

Posted by Jason P. Wapiennik on

Here’s a story that — to my knowledge — didn’t hit the CBP news release system, but ended up being reported by a news station local to Hidalgo, Texas, about the seizure of more than half-million dollars cash that was hidden in an unassuming vehicle heading to Mexico.

In this story, someone was criminally charged (name redacted here, it’s none of my business to further publicize anyone’s name); he stated to police Homeland Security agents that he was paid $1,000 to try to move the cash to Mexico:

U.S. Customs and Border Protection officers seized more than $500,000 at the Hidalgo Port of Entry on Wednesday, according to a federal criminal complaint. At about 10:15 p.m., officers referred a black 2013 Nissan to secondary inspection. During a search of the Nissan, officers found 32 vacuum-sealed packages and 28 loose bundles of U.S. currency hidden behind the rear seat, totaling $532, 255.
During questioning with Homeland Security Investigations agents, the driver of the vehicle, [redacted], said he would have been paid $1,000 after transporting the currency into Mexico.
[He] was charged with intentionally concealing currency with the intent to transport outside the U.S. [His] attorney wasn’t immediately available for comment on Friday.

Have you had cash seized by CBP?

If you’ve had cash seized CBP in Hidalgo, 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 Does it Again: CBP Seizes $42k in Cash to Ghana

Posted by Jason P. Wapiennik on

Dulles CBP seized $42,000 in cash from a man going to Ghana. As the story (original here) below explains, the man only reported $8,000 verbally; then he wrote down $15,000 on his FinCEN 105 form; then, they brought the dogs out. When the dogs were done, they found a total of $42,606 and €240.

Although bulk cash smuggling and failing to report currency are both crimes, not everyone is criminally charged. A person still faces civil forfeiture of the cash involved in the violation, even if not criminally charged. In this case, it was a catch and release; they caught him, seized the money, and released him to continue on his trip. He will be able to get at least some of the money back if he can show it came from a legitimate source and had a legitimate intended use. Here’s the story, with pictures:

U.S. Customs and Border Protection (CBP) officers seized more than $42,000 from a man boarding a flight to Ghana Tuesday at Washington Dulles International Airport.

CBP officers seized $42k from Ghana-bound man
November 7, 2017 at Washington Dulles
International Airport

The man, who CBP has not named because he was not criminally charged, initially reported to officers that he possessed $8,000.  After officers advised the man of U.S. currency reporting regulations, the man wrote that he possessed $15,000 and he completed a financial reporting form.

A CBP currency detector dog then alerted to bulk currency in the man’s carry-on baggage.  The man then produced $2,480 in U.S. currency and 240 Euros from his jacket, $10,216 from his backpack, and $710 from his front pants pocket.

CBP officers then discovered a package that contained $8,000, an envelope that contained $8,000, and an additional $13,200 inside a pouch, all concealed inside his backpack.  The total amount of currency the man possessed equaled $42,606 in U.S. dollars and 240 Euros.

Following the currency seizure, CBP officers returned $406 in U.S. currency and 240 Euros to the man and released him to continue his journey.

This is the second significant currency seizure from a Ghana-bound traveler in two months.  On September 23, CBP officers seized $150,228 in unreported currency at Washington Dulles International Airport.

Has Dulles CBP seized your cash?

If Dulles CBP seized your cash, beware that you stand to lose a lot of it because of their aggressive penalization of bulk cash smuggling and structuring offenses. You should read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.