Tag: mexico

Stacks of bills totaling $16,152 in unreported currency seized by CBP officers at Eagle Pass Port of Entry.

Texas CBP Seizes $12k Currency Outbound to Mexio

Posted by Jason P. Wapiennik on

If it wasn’t for the CBP currency seizures in Texas, lately, I would have no cash seizure to write about and comment on. Thus, today I write about another Texas CBP currency seizure, and again it is at the Eagle Pass port of entry, this time at the Camino Real Bridge. The CBP news release details a couple of enforcement incidents, but our focus is on the seized currency.

In this story, two male Mexican citizens traveling together carried (and thus had seized) $12,247 in “unreported currency.” When two people travel together and have money seized, we usually see Customs aggregating the currency they travel with together and then accusing them (and questioning them, often aggressively) about how “they divided the money” to not have to report it.

To give an example, in this case it’s possible the $5,000 belong to one of the guys, and the other $7,000 belonged to the second guy. When stopped by CBP and asked if they are traveling with currency, the men will respond:

“I have $5,000, and my friend has $7,000.” At this point, it’s very likely they will have their money seized because CBP has no way of knowing if you’re telling the truth and the money really belongs to both people, and not just one person who has structured (i.e., divided) the money so he does not have to report it.

I did a video that probably explains it a little better, watch it here.

That’s how it probably all happened. But here’s the story:

EAGLE PASS, Texas—U.S. Customs and Border Protection, Office of Field Operations (OFO) interdicted a steady stream of undeclared currency, firearms and ammunition this week in four enforcement actions at the Eagle Pass Port of Entry.

“Our frontline officers continue to demonstrate the effectiveness of blending inspection skills and experience with the use of technology in these enforcement actions,” said Port Director Paul Del Rincon, Eagle Pass Port of Entry.

* * *

On Wednesday, April 29, 2020, CBP officers inspected a 2008 Saturn Astro XR traveling outbound at the Camino Real Bridge driven by a 35-year-old male Mexican citizen accompanied by a 45-year-old male Mexican citizen. During the inspection officers discovered $12,247 of unreported currency. The undeclared money was seized and both subjects were arrested and turned over to Maverick County Sheriff’s Office for further investigation.

Has Texas CBP seized currency?

Has Texas CBP seized currency? If so, we can help. Read our helpful customs money seizure legal guide (or watch the videos) and contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Stacks of bills totaling $16,152 in unreported currency seized by CBP officers at Eagle Pass Port of Entry.

Texas CBP Seizes $12k from Old Man’s Boot

Posted by Jason P. Wapiennik on

CBP Texas seized $12,030 from a 69 year-old U.S. citizen who was heading to Mexcio. The money he carried was “hidden in his right boot” and the man was arrested and turned over to local law enforcement for investigation. Thus, the title of this post.

To be sure, failing to report money and bulk cash smuggling are crimes. In this case, hiding money in your boot and not reporting it to Customs is a crime. However, in my experience (which is limited to the client’s I’ve had), bulk cash smuggling does not result in an arrest but only an enhanced penalty.

Therefore, it is my hope that this elderly man was up to no good (i.e., carrying money on behalf of the cartels) and not just an old man who was trying to keep his money in a safe place as he headed into the criminal uncertainties of Mexico.

EAGLE PASS, Texas—U.S. Customs and Border Protection, Office of Field Operations (OFO) interdicted . . . a total of $12,030 in undeclared currency … at [the] Eagle Pass Port of Entry.

On April 19, CBP officers inspected a 2013 Chevy Express van traveling outbound at the Camino Real Bridge along with the passengers. During the physical inspection of a 69-year-old male United States citizen, officers discovered $12,030 of unreported currency hidden within his right boot. The undeclared money was seized and the subject was arrested and turned over to Maverick County Sheriff’s Office for further investigation.

Has Texas CBP seized your money?

Has Texas CBP seized your money? If so, we can help. Read our helpful customs money seizure legal guide (or watch the videos) and contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Stacks of bills totaling $163,130 in unreported currency seized by CBP officers at Hidalgo International Bridge

Texas CBP Seizes $214K in Undeclared Cash

Posted by Jason P. Wapiennik on

Below is a report by Texas CBP of seizure of cash leaving outboun to Mexico, which was seized from a 23-year-old Mexican national. The young man had $214,000 hidden in his vehicle, and what surely will prove to be a classic case of bulk cash smuggling (bulk cash smuggling is when money is hidden with the intent of not reporting it to CBP).

From our own experience, CBP in states like Texas and California seem to be more active in seizing cash than the Northern states where CBP is operating. This although the U.S.-Mexico border is closed to non-essential travel through June 22, and the U.S.-Canada border until June 21.

Here is the story:

HIDALGO, Texas—U.S. Customs and Border Protection, Office of Field Operations (OFO) at the … Anzalduas International Bridges intercepted … $214,000 in unreported U.S. currency … [at the end of February 2020].

* * *

The currency seizure occurred on Feb. 21 after CBP officers assigned to the Anzalduas-Reynosa International Bridge performing outbound inspections selected a silver 2018 Kia Forte driven by a 23-year-old from Guadalajara for further inspection. A thorough secondary examination resulted in officers discovering 18 bundles of U.S. currency totaling $214,000 hidden within the car.

The story ends by stating that the CBP Office of Field Operations (OFO) seized the currency and the vehicle in the failed smuggling attempts. The men were also arrested.

Have you had cash seized by Texas CBP?

If you have had cash seized by Texas CBP, we can help. Read our trusted customs money seizure legal guide or can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

CBP Seizes $45k Currency and Vehicle in Laredo

Posted by Jason P. Wapiennik on

Though money seizures from traveler’s have slowed at the nation’s airports due to the pandemic, such is not the case at our nation’s land-borders, especially with Mexico. As an example, today we bring our customs law blog’s audience Customs seizure of $45,000 in unreported cash heading to Mexico about a month ago. The story was also picked up by Breitbart (why this run-of-the-mill seizure merited their attention I can only guess).

In this case, not only the currency was seized, but also the vehicle. The people involved were not arrested, however. The seizure of the vehicle might mean that they suspect more was going on than just some people traveling with cash that they did not want to report; it could also be seized because it is what the cash was smuggled inside of… that is called bulk cash smuggling.

U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) officers working outbound operations seized over $45,000 in undeclared currency in a single enforcement act over the weekend.

“CBP’s national security mandate is complex, ranging from Anti-Terrorism to more traditional counter drug operations,” said Port Director Gregory Alvarez, Laredo Port of Entry. “This seizure of $45,157 is a direct reflection of our continuous commitment to enforce federal currency reporting requirements.”

On Friday, April 11, officers assigned to outbound operations referred a 2020 Toyota Avalon traveling to Mexico for examination. Upon physical inspection of the vehicle and subject’s personal belongings, packages containing $45,157 of undeclared currency were discovered. The vehicle and currency were seized by CBP.

The vehicle was seized and the case was turned over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.

Has Laredo CBP seized your cash?

If CBP in Laredo 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.

$17,200 of seized cash spread out on a metal table

San Antonio CBP Seizes $32k Cash in 2 Incidents

Posted by Jason P. Wapiennik on

The travel restrictions in the United States due to coronavirus have severely limited travel, resulting in a decrease in CBP cash seizure activity due to decreased volume of travel. This is particularly true of air travel, and even the U.S Canada Border. However, that’s not as true at the southern border which is not hit as hard as the northern part of the country (especially Michigan and Chicago, where our offices are located).

In January, CBP reported on two cases where travelers’ from Mexico had money seized totaling about $32,000. The money was seized for cash structuring violations in both cases, which can result in increased penalties if legitimate source and intended use of the seized cash is proven.

The total amount seized from the travelers reached more than $32,000. This currency was seized at San Antonio International Airport CBP officers seized $17,200 in unreported currency when a pair of travelers refused to provide a truthful report.

“There is no limit to the amount of currency a traveler can bring in or take out of the U.S.,” said San Antonio Acting CBP Port Director Jose Mendiola. “The only requirement is that travelers must complete a Currency Reporting Form when traveling internationally with currency valued at $10,000 or more.”

According to Mendiola, the currency is not limited to U.S. dollars. “Currency is any monetary instrument including foreign coins, travelers’ checks, and gold. Basically any negotiable instruments whose collective value reaches $10,000 or more.”

Mendiola added that this requirement also applies to passengers travelling together and carrying currency that exceeds $10,000 dollars. When passengers split up the currency amongst themselves to avoid reporting it that is currency structuring.

Currency structuring led to a seizure, Jan. 22, when CBP officers inspected a pair of Global Entry travelers arriving from Mexico. A 60-year-old citizen of Mexico declared $9,915 and his 44-year-old companion, also a Mexican citizen, declared $4,800. Both passengers completed a Customs Declaration Form declaring those amounts. However, when CBP interviewed the pair they admitted that they divided the money before boarding their flight and that the currency belonged to only one passenger. The final amount seized was $14,807. CBP also revoked both travelers’ Global Entry memberships.

Not both of the travelers above last their global entry membership because of their alleged failure to report cash and cash structuring, which is a common practice by CBP. More significantly though is what might happen in the future; permanent loss (forfeiture) of all of the money, or a steep penalty (which could be 50% or more of the total amount seized).

The second seizure occurred Jan. 23, when CBP officers inspected another pair of travelers who arrived from Mexico. These passengers initially claimed to be traveling alone. The 26-year-old Mexican national claimed to be traveling with $9,000 and completed a Customs Declaration Form reporting that amount. CBP officers later encountered a 25-year-old Mexican citizen who declared traveling with $8,200 and signed a Customs Declaration Form reporting that amount. During CBP processing the pair admitted that they had divided the currency before boarding the flight and decided to enter the CBP processing area separately. Total amount seized in this instance was $17,200.

Nationwide, in fiscal year 2019, CBP seized $68,879,080 in currency. Fiscal year 2020 through Jan. 23, currency seizures are at $20,808,879. In the Houston region, which includes San Antonio and Dallas, currency seizures reached over $1M and have increased 54% over the same time last fiscal year.

Has San Antonio CBP seized cash from you?

If San Antion CBP seized cash from you, we urge you not to try to get the money back on your own. You will not be happy with the outcome. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Stacks of U.S. currency seized by CBP for not being reported in the amount of $142,000

Unreported Cash Seized by CBP in Nogales

Posted by Jason P. Wapiennik on

CBP officers in Nogales, Arizona, made some big cash seizures this week. In the first case, $143,000 was seized and in the second case, only $20,000 was seized.

Here’s the story:

U.S. Customs and Border Protection, Office of Field Operations, officers arrested 2 Mexican nationals and a U.S. citizen for separate alleged attempts to smuggle nearly $163,000 in unreported currency …. through the Port of Nogales earlier this week.

Officers conducting outgoing operations at the Dennis DeConcini Crossing referred a 28-year-old Mexican national man for additional inspection of his Chevy SUV, as he attempted to enter Mexico through the port Monday afternoon. The search of the vehicle led to the discovery of several packages within the left quarter panel. The packages contained more than $142,000 in unreported U.S. currency.

Tuesday afternoon, officers conducting outbound operations at the Mariposa Crossing referred a 22-year-old Tucson woman for a further search of her Honda sedan, as she attempted to cross into Mexico through the port. Officers searched the subject, who had two bundles of unreported U.S. currency inside of her purse containing more than $20,000.

Officers seized the currency, … and vehicles, while the subjects were arrested and then turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Note how the $143,000 was hidden in the quarter panel of the vehicle (i.e., a body panel); and then how the $20,000 seized from the 22 year old woman was just inside her purse.

In both cases, the failure to report the money, coupled with the fact it was not presented to CBP and was in plain view, will allow CBP to allege that the money was hidden with the intent it not be reported to CBP, which is considered bulk cash smuggling.

The story also states everyone was arrested, which is for me a little surprising in the case of the woman with $20,000. I have a lot of clients who do not report amounts cash at or above that level, and they do not get arrested or face criminal sanctions. That leads me to believe this money she seized had connections to illegal activity.

Have you had money seized by CBP?

If CBP 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.

Sixty-thousand dollars hidden in the firewall of a vehicle seized by U.S. Customs & Border Protection

CBP Arizona Seizes Currency Smuggled in Car

Posted by Jason P. Wapiennik on

In a story today, CBP tells the tale of a seizure of nearly $70,000 of bulk cash which was smuggled in the firewall panel of a Mexican national bringing the money into the United States. The full story, which also includes the story about a meth seizure, is here, but follows below:

U.S. Customs and Border Protection, Office of Field Operations, officers arrested a Mexican national . . . fore alleged attempts to smuggle more than $69,000 through Arizona Ports of Entry.

Officers at the Port of Naco referred a 39-year-old Naco, Arizona, man for additional inspection of his Hyundai sedan, as he attempted to enter the U.S. through the port Wednesday morning. After a CBP narcotics detection canine alerted to a scent it is trained to detect, the search of the vehicle led to the discovery of six packages concealed in the firewall. The packages were determined to contain more than $69,000 of unreported currency.

Officers seized the … currency and vehicles, while [the subject was] arrested and then turned over to U.S. Immigration and Customs Enforcement’s Homeland Security.

The fact of the arrest indicates they clear thought the money was tied to illegal sources, even though every failure to report and bulk cash smuggling offense is a crime and makes someone subject to arrest — more on that here: Failure to Report Cash to Customs and Bulk Cash Smuggling Seizure.

Have you had money seized by CBP in Arizona?

If CBP in Arizona 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.

Pile of $715,010 in Cash Seized by CBP

HUGE $715K cash seizure by CBP

Posted by Jason P. Wapiennik on

CBP in Texas made a HUGE cash seizure totaling $715,010. That’s not a typo: SEVEN HUNDRED FIFTEEN THOUSAND AND 10 DOLLARS.

Astonishing. 

The story below is light on details, except to say that the cash was discovered in 32 packages on a commercial bus, and that it was all seized. It was mostly in $20 bills.

No word about arrests whatsoever, or if there were people on the bus who were involved. That’s kind of odd. Most stories about money seizures indicate who was involved, and what happened to them.

Could it be that 32 different people traveling on the bus were each carrying around $22,324 in cash back home to their families in Mexico, or were going for some extended vacations?

If not, this is a great example of bulk cash smuggling. That is, hiding cash with the intent to not file the currency report (FinCen 105).

Here’s the story from CBP:

HIDALGO, Texas—Officers with U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Hidalgo International Bridge intercepted $715,010 in unreported U.S. currency in a commercial bus attempting to enter into Mexico.

“This seizure certainly ranks amongst the most notable currency interceptions accomplished by the Hidalgo Port of Entry,” said Port Director Carlos Rodriguez. “In our past encounters, these large sums of unreported currency are usually associated with illicit activities and OFO will seize these proceeds.”

This seizure occurred on Sept. 24 after CBP officers conducting outbound operations at the Hidalgo-Reynosa International Bridge referred a commercial bus for further inspection. A thorough examination, which included the utilization of a non-intrusive imaging (NII) system, resulted in officers discovering 32 packages containing U.S. currency hidden within the bus. The currency denominations included $5, $10, $20, $50 and $100, with the majority being $20 bills.

CBP OFO seized the currency, the commercial bus and the case remains under investigation by Homeland Security Investigations (HSI) special agents.

It is not a crime to carry more than $10,000, but it is a federal offense not to declare currency or monetary instruments totaling $10,000 or more 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. An individual may petition for the return of currency seized by CBP officers, but the petitioner must prove that the source and intended use of the currency was legitimate.

Have you had money seized by CBP in Texas?

If CBP in Texas 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.

Notice of Penalty or Liquidated Damages Inccured by CBP

Failure to Report Arrival or Advance Electronic Cargo Information Penalty

Posted by Jason P. Wapiennik on

U.S. Customs & Border Protection enforces many laws and regulations that concern arriving at the border, presenting merchandise to Customs, filing advance cargo information, and unloaded merchandise or off-loading passengers without authorization.

For instance, 19 CFR 123.92 requires advance cargo information for commercial shipments from Canada and Mexico be sent to CBP electronically 30 minutes or 1 hour prior to the “carrier’s reaching the first port of arrival in the United States, or such lesser time as authorized . . .” even if the carrier is just transiting through the United States.

Similarly, 19 USC 1433 requires that any vessel, vehicle, and aircraft report their arrival, and present all person and merchandise for inspection to a customs officer.

What happens if fail to report arrival or violate CBP’s entry regulations?

If you fail to report arrival, present false documents or paperwork, violate regulations regarding the entry and arrival of vehicles, or discharge passengers or merchandise without Customs authorization, you are liable to a penalty of $5,000, and possibly seizure of the conveyance and the merchandise stored in it.

If you have a prior offense, the amount can increase to $10,000. In the case of an unreported or improperly entered conveyance, Customs can impose the value of the merchandise (or if they conveyance itself is the merchandise… the value of the conveyance) in addition to the $5,000 or $10,000 standard penalty.

If receive a penalty for these failures under 19 USC 1436, we can file a petition for mitigation and you can expect your mitigated penalty to be reduced. The reduction varies on the type of violation, who committed, and the presence of aggravating or mitigating factors.

USMCA; United States Mexico Canada Agreement

Posted by Jason P. Wapiennik on

The re-negotiation (and renaming) of NAFTA (North American Free Trade Agreement) is one step closer to completion, and will go forward to be finalized by the governments of the United States, Mexico, and Canada.

The newly renamed agreement is the United States-Mexico-Canada Agreement (USMC Agreement), and the full text of the agreement is now available. The United States Trade Representative’s office has posted a series of fact sheet with key points of the new agreement.

The White House issued its own fact sheet: President Donald J. Trump Secures A Modern, Rebalanced Trade Agreement with Canada and Mexico

President Trump held a news conference on the topic of the trade agreement. You can watch the conference by following this link on C-Span.