Tag: money

Customs Money Seizure in El Paso

Posted by Jason P. Wapiennik on December 19, 2013

Another day and another news release from customs about a recent customs money seizure. This currency seizure story comes from the land border crossing at El Paso, Texas. This story is interesting because even though the money was deeply concealed in the heater core of the vehicle the driver was nevertheless released. How could that be? It could be that the driver bought the car used and was innocently travelling to Mexico without knowledge of the presence of the concealed currency, or it could be that the concealment was not done with an intent to evade the currency and monetary instrument reporting requirement (as that would be bulk cash smuggling). People hide money all the time in order to thwart attempts at theft by others. That’s why banks have safes.

(Friday, December 13, 2013) El Paso, Texas – U.S. Customs and Border Protection officers and U.S. Border Patrol agents performing southbound inspections at the El Paso port of entry seized $83,900 Thursday. The money was hidden in a car that was leaving the United States.

“CBP outbound inspections are intended to stop the flow of unreported currency, weapons, ammunition and other export violations,” said CBP El Paso Port Director Hector Mancha. “Currency is the life blood for criminal organizations so anytime CBP can seize any amount it makes it harder for those groups to continue their illegal enterprise.”

The seizure was made just before 10 a.m. at the Bridge of the Americas when a 2002 Buick LeSabre attempted to leave the U.S. for Mexico. CBP officers and Border Patrol agents selected the vehicle for an exam. While CBP personnel interviewed the driver a CBP currency detector dog searched the vehicle and alerted to the vents. CBP continued their exam and located four plastic-wrapped bundles concealed in the heater core. The contents of the packages contained $83,900 in unreported currency. The money was seized. The driver was released and the investigation continues.

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.

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 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:

Customs Announces Expanded Filing of Joint Customs Declarations

Posted by Jason P. Wapiennik on December 17, 2013

Customs announced they recently took steps broadening the definition of who counts as a member of a family residing in one household for purposes of filing a joint customs declaration – form 6059B – when entering the United States. The news releases is HERE. That means the currency total is also broadened to include the aggregate amount of currency being transported by the household. A sample of the declaration form that this new definition applies to his HERE (see question #13).

This change is no doubt being brought as a result of the U.S. Supreme Court’s decision in United States v. Windsor, 570 U.S. ___ (2013) (Docket No. 12-307). The news release from customs reads:

Washington— U.S. Customs and Border Protection sent today to the Federal Register a Final Rule designed to broaden the definition of “members of a family residing in one household” to more accurately reflect relationships for U.S. citizens, residents and international visitors who are traveling together as a family. The expansion of the term will include long-term same-sex couples and other domestic relationships which would allow more returning U.S. citizens, residents and international visitors to file a joint customs declaration for items acquired abroad. The rule will be effective thirty days after publication in the Federal Register.

The change in regulation will create less paperwork for people who are traveling together as a family and will result in increased efficiency for CBP by streamlining passenger processing.

“Domestic relationship” would be defined to include foster children, stepchildren, half-siblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship.

Also included within the definition two adults who are in a committed relationship including, but not limited to, long-term companions and couples in civil unions or domestic partnerships where the partners are financially interdependent, and are not married to, or a partner of, anyone else.

“Members of a family residing in one household” will continue to encompass relationships of blood, adoption, and marriage.

The joint declaration form is the one on which most passengers arriving into the United States use to complete a list of purchases made abroad and make a declaration as to whether or not they are transporting more than $10,000 in U.S. Currency, and of the need to file the Currency and Monetary Instruments Report on form FinCEN 105.

I anticipate this new definition is going to give customs a wider net to enforce the currency reporting requirement, and thus may result in more cash seized by customs. Why? Because any two people travelling together who are in a “commited relationship” will now have to pool their currency and assets together for purposes of filing this declaration. How do you know a committed a relationship when you see it for purposes of making the snap decision whether or not they are to be considered as being of one household? It’s kind of a squishy definition. It’s this kind of calculus that is going to put some travellers over the $10,000.01 threshold reporting requirement and result in, my guess is, more cash seizures by customs.

UPDATE 12/18/13: The above final rule was published in today’s federal register (HERE). In the actual regulations, customs makes clear that a committed relationship “does not extend to roommates or other cohabitants not otherwise meeting this definition,” meaning that they must be financially interdependent. 19 CFR 148.34. That leaves a little less wiggle room. There are some other changes and some good comments and responses from CBP, such as the following quote:

Many commenters shared their own personal experiences upon their return to the United States and outlined what they perceived to be inconsistent and sometimes rude behavior by CBP officers. These commenters expressed their expectation that when the rule becomes final, CBP would apply the proposed definition consistently at all ports of entry.

Please read these other articles:

CBP Seizes $82,000 in Currency

Posted by Jason P. Wapiennik on December 12, 2013

In a news release issued today from Customs we learn about a recent customs money seizure in Brownsville, Texas, that involves concealing the currency inside a vehicle. Because the news release does not contain the individual’s name involved in the bulk cash smuggling and failure to report offense, it seems likely that she was not ultimately arrested. This seems to be confirmed by the fact that the news release explains that, in order to get the seized money back from customs, you may file a petition and prove legitimate source and a legitinate intended use. See our selection of articles by our customs lawyer below the following excerpt for more on the process of getting your seized money back from customs.

U.S. Customs and Border Protection (CBP) officers conducting outbound enforcement operations at the Brownsville Port of Entry seized $81,864 in bulk U.S. currency.

“Vigilance in our outbound enforcement inspections is critical to our efforts of keeping undeclared currency from being exported without meeting proper reporting requirements. I commend our CBP officers for an outstanding seizure and arrest in this alleged bulk currency smuggling case,” said Michael Freeman, CBP Port Director, Brownsville.

On December 7, 2013, CBP officers working outbound enforcement operations at the Brownsville and Matamoros International Bridge came in contact with a 2002 Chrysler Town & Country as it attempted to exit the United States and enter Mexico. The female driver, a 42 year-old United States citizen from Brownsville, Texas was referred to secondary for further inspection. In secondary, a search of the Chrysler resulted in the discovery of three packages of bulk U.S. currency hidden within the vehicle.

CBP officers seized the currency; the driver has been transferred into the custody of U.S. Homeland Security Investigations (HSI) special agents for further investigation.

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 [Editor’s Note: Actually, the law says 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. 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.

Please read these other articles:

Large Customs Money Seizures in Puerto Rico

Posted by Jason P. Wapiennik on December 5, 2013

In a recent Customs news release two customs money seizures were reported in the same weekend at the Luis Munoz Marin airport in San Juan, Puerto Rico. These are big currency seizures totalling nearly $300,000 in seized money. I quote the story below:

San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $180,678 in unreported currency Saturday, while conducting routine outbound operations on a flight departing to Santo Domingo, Dominican Republic. Another seizure occurred on Sunday, during an enforcement routine check at the airport’s baggage claim area, resulting in the seizure of an additional $109,989 concealed within luggage.

On Saturday, CBP officers selected United States citizen Luis Carrion-Velilla, 32, for examination, and explained to him the currency reporting requirements. Another passenger traveling with Mr. Carrion was also interviewed. During the interview, they claimed to be transporting less than $10,000. Intensive examination revealed $180,678 concealed in several locations, within clothing in their luggage, in a toiletry bag and in a false bottom compartment on a carry-on. During the interview, it was determined that all the money belonged to Mr. Carrion, which he voluntarily abandoned.

The currency was seized under bulk cash smuggling laws and Assistant AUSA Maritza Gonzalez approved criminal prosecution. [Note: Read the article I link to, but it is smuggling because it was concealed.]

“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. [Note: technically this is wrong, the reporting requirement is triggered if the amount is more than $10,000, not $10,000 “or higher”].

On a separate incident Sunday, law enforcement authorities seized $109, 989 during an enforcement routine check in the baggage claim area of the Luis Munoz Marin International Airport. A Puerto Rico Police canine alerted to a piece of luggage and PRPD agents found the currency hidden inside. CBP officers and Homeland Security Investigation agents provided assistance with the seizure and subsequent investigation. Local and federal law enforcement authorities in Puerto Rico will continue to work together to disrupt criminal activity in the island.

Please read these other articles:

Detroit CBP seized cash (counterfeit money)

Posted by Jason P. Wapiennik on December 2, 2013

Any customs lawyer will tell you that it’s better to get caught failing to report real cash getting caught importing counterfeit cash. Detroit CBP seized cash (counterfeit) as a result of the currency reporting requirement. The purpose of the currency reporting requirement is to do exactly this — catch people who are bringing in illegal (in this case counterfeit) money into the United States.

You can educate yourself using our trusted “customs money seizure legal roadmap” as a guide to understanding what to do if Detroit CBP seized cash from you. In the particular case below, the the following news release clearly demonstrates why Detroit CBP does not allow anyone to under-report cash:

U.S. Customs and Border Protection (CBP) at the Detroit Metropolitan Airport announces the seizure of $32,300 in counterfeit U.S. currency from a Ghanaian citizen.

“This amount of counterfeit cash can inflict serious harm on a local economy.” says Devin Chamberlain, port director. “I am pleased that the officers’ attention to detail

Detroit CBP seized cash (counterfeit) at Detroit Metro Airport (DTW).

resulted in this seizure.”

On Sunday November 17, CBP officers encountered a male citizen of Ghana after he arrived in Detroit on a flight from Amsterdam. Because he did not complete a required customs declaration, CBP form 6059b, he was asked to complete this form while his passport was being checked. The traveler checked “no” that he was carrying more than $10,000 however reported to the officer verbally that he indeed had more than $10,000 and made an error on the form. A secondary search of his luggage resulted in the discovery of $32,300 in U.S. currency that CBP officers suspected, was counterfeit.

Agents from the U.S. Secret Service and Homeland Security Investigations were notified and responded. The counterfeit cash and traveler were turned over to Secret Service. The United States Attorney’s Office has accepted the case for Federal prosecution.

Based on these facts, I doubt the man knew that the cash seized by Detroit CBP was counterfeit. Nevertheless, his bumbling answer and the failure to accurately report in the first place in his being arrested and pending criminal charges.

Did Detroit CBP seize cash from you?

If Detroit CBP seized cash from you at Detroit Metro Airport, the Ambassador Bridge, or the Detroit-Windsor-Tunnel, you can learn more from our trusted legal road-map of a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Customs Currency Seizure Totalling $421,770

Posted by Jason P. Wapiennik on November 28, 2013

In a recent news release U.S. Customs (CBP) seized nearly half of a million dollars in money concealed in the quarter panels of a vehicle. This means that the vehicle is subject to seizure as not only a vehicle outfitted for smuggling but also because it is a conveyance used in the violation of a law. That story is below:

El Paso, Texas – U.S. Customs and Border Protection officers and U.S. Border Patrol agents performing southbound inspections at the El Paso port of entry seized $421,770 November 9. The money was concealed in the quarter panels of a car and in the purse of the driver.

“The team of CBP officers and Border Patrol agents performing outbound examinations are working hard to stop the flow of smuggled currency, weapons, ammunition, and other violations,” said El Paso Port Director Hector Mancha. “Individuals can export any amount of money they desire but if the total exceeds $10,000 it must be reported to CBP. Failure to properly report incoming and outgoing monetary instruments can result in seizure of the proceeds.”

The seizure occurred at approximately 7 p.m. November 9 at the Ysleta international crossing. CBP officers and Border Patrol agents were screening southbound traffic when they selected a 2004 Chevrolet Cavalier for a secondary exam. As CBP personnel were interviewing the driver and lone occupant of the car a CBP currency detector dog alerted to the quarter panels of the vehicle. CBP personnel continued their exam and located bundles of money hidden within the quarter panels. CBP recovered a total of 36 packages of bundled currency including four in the purse of the driver. No arrests were made and the investigation continues at this time.

The fact that no arrestswere made and the investigation continues seems to indicate to me that, perhaps, there was no nexus to illegal activity. Maybe they were hiding the money to keep it safe. I have handled stranger cases. If the money is civilly seized the persons with an interest in it are going to eventually get a notice of seizure to which they will have to respond.

Please read these other articles:

Customs Seizes $35,018 in Currency

Posted by Jason P. Wapiennik on November 26, 2013

Customs has released another customs money seizure news release about some unreported and concealed money that was being taken from the U.S. to Mexico. Because the money was 1) not reported and 2) concealed, it can be seized for both failing to file a report and for concealing money with the intention to evade the reporting requirement. What the release particularly notes and what I want to draw attention to is that the vehicle was seized — a “conveyance” (here, the vehicle) can be seized because it was involved in a smuggling attempt, because it was outfitted for the purposes of smuggling, and/or because it was used to aid an importation contrary to law.

U.S. Customs and Border Protection officers working at the Calexico downtown port of entry Thursday . . . and intercepted $35,018 in unreported U.S. currency . . . . The . . . incident occurred shortly after 6 p.m. on Nov. 14, when CBP officers were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2006 Chevrolet Silverado pickup truck and referred the driver, a 30-year-old male, and vehicle for a more in-depth examination. During an intensive inspection that included an alert from a currency and firearms detector dog and use of the port’s imaging system, officers discovered two wrapped packages of U.S. currency concealed inside the center console between the vehicle’s front seats.

The report goes on to to state the the vehicle and currency were seized, and to note that 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.

Please read these other articles:

Customs Money Seizure Radio Interview

Posted by Jason P. Wapiennik on November 10, 2013

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.

Smuggled Cash in Tire Seized by Customs

Posted by Jason P. Wapiennik on October 22, 2013

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:

How long does it take Customs to decide a petition for a currency/monetary instrument seizure?

Posted by Jason P. Wapiennik on October 9, 2013 with 13 Comments

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)) 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: