Customs lawyer Jason Wapiennik will be interviewed today at 4:30 EST on Detroit’s AM 680/690 by certified Arabic interpreter Ratib Habbal in a live interview that will be translated from English into Arabic. We will be discussing common questions with regards to customs money seizures, getting seized money back from Customs, and other areas of Great Lakes Customs Law’s many practice areas.
The interview can be heard live by visiting the WNZK‘s live audio stream HERE.
Not all stories about cash seized by customs have such great pictures. In September, Customs reported on the discovery of over a half-million dollars concealed in the spare tire of an automobile headed for Mexico. The cash was seized by customs. That story, and the pictures, is what follows (with my emphasis in bold):
Calexico, Calif. — U.S. Customs and Border Protection officers arrested a Tecate man on Friday after discovering $654,900 in unreported U.S. currency hidden in the spare tire of the vehicle he was driving.
The incident occurred at about 5:45 a.m. on August 30th, when CBP officers, together with members of the Imperial Valley Border Enforcement Security Task Force (IV-BEST), were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2011 Toyota Tacoma and referred the driver for further examination.
During an intensive inspection that included an alert from a detector dog and the usage of the port’s imaging system, officers discovered 24 wrapped packages of U.S. currency concealed inside the vehicle’s spare tire.
The driver, a 45-year-old Mexican citizen, was turned over to the custody of Homeland Security Investigation (HSI) agents with the IV-BEST for further processing, and was later transported to the Imperial County Jail to await arraignment.
CBP placed an immigration hold on the driver to initiate removal from the United States at the conclusion of his criminal proceedings.
CBP officers seized the money and vehicle.
It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements. Failure to declare may result in seizure of the currency and/or arrest.
This is no doubt a criminal prosecution and the person could be determined to be guilty of bulk cash smuggling and failure to report currency over $10,000, and the cash seized by customs will will be forfeited and become the property of the government. If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 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.
Please read these other articles:
My clients who have had currency seized from Customs often ask me how long it takes to get the money back, or in other words, how long customs has to respond to a petition? The answer depends on a lot of factors. After the currency/monetary instruments are seized
Customs must issue a notice of seizure, and usually they must issue it
within within 60 days. ((19 CFR Part 162))Â If you elect to file a petition to try and have them money returned, usually the longest part of the process is waiting for Customs to make a decision on the petition.
That’s because Customs has no time limit or deadline for deciding a petition. This is hard for anyone to understand because almost every aspect of our lives has some sort of time limit on it…. but not so for Customs. It is possible that it could take forever to make their decision; and as ridiculous as that sounds, it’s basically true. ((The exact limits of how long Customs may take to make a decision are discussed by the U.S. Supreme Court in U.S. v. Von Neumann, 474 US 242 (1986), and the government indicated that the Administrative Procedures Act might provide a remedy.))
When Customs revised their regulations, during the notice and comment period someone commented that Customs should be required to make their decision on a petition in 120 days. Here is the exchange that sets forth Customs policy ((65 FR 53565, 68, dated 9/5/2007)):
Comment
One commenter indicates that the regulations should be amended in a manner to require Customs to act on petitions within 120 days. The commenter states that when a petition is received, not much else has to be done by Customs and there is no basis for continued delays.
Customs Response
Customs does not agree. When a petition is received, an investigation often must be undertaken in order to determine the veracity of statements made in that petition. This can be a time consuming process, particularly if information from foreign sources must be obtained. Additionally, there are instances when a claimant to seized property or a charged party asks that Customs delay a decision on a petition for relief. If Customs is required to adhere to a rigid decision schedule, it could work to the disadvantage of such a party. While Customs makes every effort to decide petitions for relief as expeditiously as possible, Customs sees no reason to amend the regulations to place a strict time frame on the processing of petitions.
As stated above, there is no time limit on their deciding a petition because Customs conducts their own investigation and review of the incident. For example, the paralegal specialist assigned to the case must determine who has authority to make the decision (it varies based on the property value), analyze the facts presented in the petition against those presented by the seizing officer, thoroughly review the law with respect to the violation, and determine if FP&F has all the necessary information to render a decision, and if not, refer to another source to get that information. The petition can then be referred to the seizing officer, and/or the office of investigations, other agencies, and other technical and legal experts. This is sometimes called by CBP a “technical review” by Homeland Security Investigations. Sometimes HSI will ask to interview you (bad idea, here’s why).
On top of that, there are the normal delays inherent in the process. There may be a number of petitions ahead of yours; or, the paralegal, investigators, or agents may be on leave, sick or taking a vacation, and of course something more urgent might intervene (for example, a change in priorities due to a government shutdown). All of these things can effect how long it takes your petition to be decided. Some ports, on average, take longer than others. In our experience, Detroit processes its cases much faster than New York or Chicago.
The one thing that is for certain is that hiring an experienced attorney to handle you currency/monetary instrument seizure case is important. An experienced attorney can make sure that Customs has all the evidence they need, and everything is presented to Customs in the appropriate fashion. We often find that when we are hired, Customs issues the notice of seizure immediately which can have a great impact on how quickly the petition is prepared, filed and decided by Customs.
If you have had your currency/monetary instruments seized, do not decide how to respond to the notice of seizure without first consulting an attorney. If a petition is appropriate, my office prepares a detailed legal memorandum that contains factual narrative with my client’s side of the story, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the seizure. When the facts allow for it, my Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money. At times, Customs violation of the law or their own policies may permit us to make technical arguments that cancel the seizure entirely.
If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We will be happy to answer any questions you have and explain the process to you. 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. Please read these other articles:
I am sharing this news releases from Customs & Border Protection because it has to deal with topics that we have discussed in previous articles, namely seizures by CBP for counterfeit importations. We previously discussed the notion of gray market goods and touched on the topic of counterfeit imports in our article called Trademark Infringement: Importing Gray Market Goods and Seizure by Customs. This article only says that the bags were “in violation of the Hermes protected trademark” but does not specifically say how they were in violation; because the news release goes on to say that these bags were concealed within a shipment of non-infringing merchandise it seems unlikely that this was an innocent mistake by an inexperienced importer. It shows an intent to commit a fraud.
Los Angeles — U.S. Customs & Border Protection (CBP) officers and import specialists at the Los Angeles/Long Beach Seaport complex seized 16,053 counterfeit Hermes handbags in nine shipments from June 6 through September 17. All were in violation of the Hermes protected trademark.
Their combined domestic value of $295,665 contrasted to the manufacturer suggested retail price of $210,785,475 had they been genuine, illustrates the potentially high profit margins in such an illegal venture.
“CBP officers are trained to identify and interdict counterfeit goods, and this is a great example of how their training and expertise are employed every day in our ports of entry,” said CBP Director of Field Operations in Los Angeles Todd C. Owen. “These counterfeiters are not only cheating the legitimate designers and manufacturers of protected trademark merchandise, but also the public and the U.S. government,” he added.
Eight of the shipments were coming from China, one from China via Hong Kong. Two had the knock-offs hidden in the nose of the containers with concealing attempts of packing legitimate, non-infringing merchandise behind them.
Five different importers sent the shipments. All were destined to surrounding areas of Los Angeles except for one destined to Texas.
Approximately $1.26 billion worth of counterfeit goods originating overseas were seized by CBP in 2012. China, Hong Kong, Singapore, India and Taiwan are the top five countries of origination for counterfeit goods seized by CBP.Nationwide, handbags and wallets comprised the greatest number of counterfeit items seized by CBP last year, with the value of seizures up 142 percent compared to 2011. Of the approximately $511 million in handbags and wallets seized, more than $446 million came from China.
Violations of trade laws, including violations of intellectual property rights laws can be reported to CBP online. ( e-Allegations Submission )
It looks like someone is going to be getting a notice of penalty CBP’s Fines, Penalties and Forfeiture’s office very soon. If you are facing penalties from CBP for items you have imported or for your import practices, call my office at (734) 855-4999 or e-mail us through our contact page.
U.S. Customs and Border Protection officers working at the Imperial Valley ports of entry over the weekend intercepted [ . . . ] $296,010 in undeclared currency . . . .
[ . . . ]
[On September 6, 2013], at about 5:00 p.m., CBP officers were conducting southbound inspections of travelers heading to Mexico through the Andrade port of entry. Officers targeted a 2001 Chrysler Town and Country minivan and referred the 56-year-old driver and his passenger, a 54-year-old female, both Mexican citizens, for further examination.
Inside the vehicle, CBP officers discovered a large box among several other household items. The box was emptied during the inspection, revealing bundles of undeclared currency totaling $296,010.
[ . . . ]
“CBP officers at the Imperial Valley ports of entry have proven to be exceptionally skilled at discovering unconventional concealment methods and these seizures are illustrative of those skills,” said Pete Flores, Director of Operations for the San Diego Field Office.
All subjects were turned over to the custody of Homeland Security Investigation (HSI) agents for further processing and were transported to the Imperial County Jail to await arraignment.
It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements. Failure to declare may result in seizure of the currency and/or arrest.
If you have money seized and receive a notice of seizure, do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly.The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.
If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through ourcontact page. We are able to assist with currency seizures around the country.
From U.S. Customs & Border Protection:
A 35-year-old Douglas, Ariz. man was arrested Friday for attempting to smuggle $300,000 in unreported U.S. currency into Mexico through the Port of Douglas.
Customs and Border Protection officers conducting outbound inspections selected a Toyota truck, driven by Jerry Joseph Del Rio, for further inspection. When officers searched the vehicle they located seven packages of U.S. currency hidden inside of a compartment in the truck cab. The truck and cash were processed for seizure.
Del Rio was turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
CBP’s Office of Field Operations is the primary organization within Homeland Security tasked with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the United States while facilitating the flow of legitimate trade and travel. Their mission also includes carrying out border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation’s food supply and agriculture industry from pests and diseases.
If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.
Please read these other articles:
A news release from Customs & Border Protection that hits close to home, in my own Port of Detroit. Unfortunately for the people involved this story, their currency seizure did not have an outcome similar to those handled by Great Lakes Customs Law.
Detroit — On August 22, U.S. Customs and Border Protection (CBP), at the Detroit Metropolitan Airport seized $271,463 from a lawful permanent resident of the United States and his daughter, a United States citizen, after they both failed to report the currency to CBP officers.
Hekmat and Bedeel Bahnam arrived in Detroit on a flight from Amman, Jordan. They initially denied carrying $10,000 or more in U.S. currency or its equivalent in foreign currency. CBP Officers searched their luggage and discovered $271,463 in U.S. and Iraqi currency. The Bahnam’s were arrested and turned over to agents from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). They were charged with bulk cash smuggling and conspiracy and face Federal prosecution.
“You must report to CBP that you are carrying $10,000 or more in U.S. dollars or equivalent foreign currency or other monetary instruments when you travel into or out of the United States.” said Devin Chamberlain, CBP Detroit (Airport) port director. “There is no limit as to how much currency travelers can import or export. However, the law requires travelers to report when they carry at least $10,000 in monetary instruments. Violators may face criminal prosecution and forfeiture of the undisclosed funds.”
If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.
Please read these other articles:
The cost of gas these days. Another creative smuggler, but not creative enough. CBP reports on a recent bulk cash smuggling attempt as follows:
Calexico, Calif. — U.S. Customs and Border Protection officers arrested a woman on Friday after they discovered $829,980 in unreported U.S. currency hidden in the gas tank of the vehicle she was driving.
The incident occurred at about 12:30 p.m. on August 9th, when CBP officers, together with members of the Imperial Valley Border Enforcement Security Task Force (IV-BEST), were
conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2007 Honda Accord and referred the driver for further examination.During an intensive inspection that included an alert from a currency and firearms detector dog, officers discovered 39 vacuum sealed packages of U.S. currency concealed inside the vehicle’s gas tank.
CBP officers arrested the driver and seized the money and vehicle.
The driver, a 47-year-old Mexican citizen, was turned over to the custody of Homeland Security Investigation (HSI) agents with the Imperial Valley Border Enforcement Security Task Force who transported her to the Imperial County Jail.
CBP placed an immigration hold on the driver to initiate removal from the United States at the conclusion of her criminal proceedings.
It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 to a CBP officer upon entry or exit from the U.S. or to conceal it with intent to evade reporting requirements. Failure to declare may result in seizure of the currency and/or arrest.
If you have money seized and receive a notice of seizure, do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly.The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.
If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Philadelphia, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.
CBP in Baltimore has made another news release about currency seizures for currency reporting requirement violations conducted at their port. This time we have some visual support for the story:
Baltimore — U.S. Customs and Border Protection (CBP), at Baltimore Washington International Thurgood Marshall Airport (BWI) seized $44,783 yesterday from a Nigerian man for violating federal currency reporting regulations.
The passenger, who arrived to BWI from London, United Kingdom and destined for Washington, D.C., repeatedly declared possessing only $5,000. While examining the passenger’s luggage, CBP officers discovered multiple envelopes wrapped in clothing that contained U.S. and foreign currency totaling the equivalent of $45,283.
There is no limit to how much currency travelers can import or export; however federal law requires travelers to report amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.CBP officers seized $44,783 and returned $500 in U.S. currency to the passenger for humanitarian relief. CBP officers also advised the traveler how to petition for the return of his seized currency.
“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges,” said Susan Thomas, Acting CBP Port Director for the Port of Baltimore. “The traveler was given multiple opportunities to truthfully declare his currency. The easiest way to hold on to your money is to report it.”
In addition to currency interdiction, CBP routinely conducts inspection operations on arriving and departing international flights and intercepts narcotics, weapons, prohibited agriculture products and other illicit items.
So many times I read this news releases and just wonder what people are thinking when they declare having a substantial amount of money, but not enough to put them over the reporting requirement. Like here the guy declares $5,000, but really he’s carrying over $45,000. Declaring a lesser amount than you are actually transporting does not mitigate the penalty for a seizure nor does it prevent Customs from seizing your money.  In certain circumstances, Customs can allow for human error and remit a seizure on site when the amount reported is not far off from what is actually being transported; but there’s no way a person can think that by reporting $5,000 when you’re actually carrying $40,000 more is going to give you any advantages. And by reporting $5,000, it seems highly likely that Customs is going to want to verify what you are telling them by taking you to a secondary inspection, going through your baggage, and counting what they find.
If you have money seized and receive a notice of seizure, do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly.The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.
If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through ourcontact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.
In another interesting news release, CBP reports on a monetary instrument/currency seizure that occured in Puerto Rico:
San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $34,685 in unreported currency last Thursday from a passenger arriving at the Luis Munoz Marin International Airport from Venezuela.
Tetsuro Nakada, 64, of Florida, failed to accurately declare having in his possession $15,335 and seven (7) checks totaling $19,350.
Nakada provided incorrect information concerning the amount of money he was carrying to federal agents. CBP officers found an envelope with $12,000, another envelope inside a book with $3,335, and a small plastic bag with 7 checks totaling $19,350.
The currency was seized under bulk cash smuggling laws. Homeland Security Investigations (HSI ) special agents arrested Nakada and will proceed with an investigation.
“The unreported cash that we seize has an impact on criminal organizations by making it more difficult for them to further their illicit activities,” said Juan Hurtado, San Juan Area port director. “CBP officers remain vigilant generating important enforcement activity regularly.”
Individuals are permitted to carry any amount of currency or monetary instruments into or out of the United States. However, if the quantity is $10,000 or higher, they must formally report the currency to CBP. Failure to report may result in seizure of the currency and/or arrest.
It’s kind of reverse engineer the facts and figure out what went wrong here. Certainly, any misreport of the amount of monetary instruments, including cash and foreign currencies, is the most classic and simplest type of violation of the currency reporting requirements. In addition to a failure to report the correct amount of money (by how much we are not told), there is potentially a violation of a bulk cash smuggling laws for “concealing” the money in the envelope and in a book. Yes, that’s really as complicated as it needs to get in terms of concealment for the government to allege bulk cash smuggling; but, as I have previously discussed in another article about bulk cash smuggling, bulk cash smuggling must also show concealment with the intent to evade the reporting requirement.
However, as we discussed in another article on what monetary instruments need to be reported, not all types of checks are subject to the monetary instrument reporting requirement. I think the risk of carrying checks, even when not in bearer form could potentially be too risky to advise any client to do because the likely result will be an allegation of a structuring violation if you are trying to use use the checks to defeat the reporting requirement.
If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.
