Tag: notice of seizure and intent to forfeit

June 10th notice of seizure and intent to forfeit for a money seizure at Detroit Metro Airport

Money Seizure at Detroit Metro Airport in 6/10 Notice

Posted by Jason P. Wapiennik on

In March 2015, U.S. Customs & Border Protection (Customs) seized $8,188 USD and $4,901.52 of Taiwanese New Dollar cash from a traveler at the Detroit Metro Airport. The seizure was for a simple failure to report cash to Customs (recall here that there is no limit on traveling into or out of the country with more than $10,000, but the money must be properly reported to CBP to avoid seizure).

Just this June 10th, CBP in Detroit published a notice of seizure and intent to forfeit the cash (valued at $13,098.62) for that same violation of law; presumably, the reason for the delay between the seizure over 15 months ago and the publication of the forfeiture notice is that either no one could prove the money was from a legitimate source and had a legitimate intended use, the person tried to do it themselves without a lawyer (and messed up), or had a lawyer who knew nothing about the process for getting back cash seized by Customs.

To anyone who considers getting back seized money without a lawyer, be forewarned: the process is complex and we have seen many attorneys lose cases that our firm could have won because they don’t know what they are doing. Just this past week, we’ve been undoing the mess of an immigration lawyer who (in my opinion) is about to be responsible for permanently losing around $12,000 for his clients who had a money seizure at Detroit Metro Airport last year.

This person might be in the same predicament; bad advice, or no advice. And as a consequence, good-bye money! Perhaps they’ll get smart and give us a call before they don’t even stand a chance of getting back a penny.

PUBLICATION/POSTING START: June 10, 2016
PUBLICATION/POSTING END: July 09, 2016
DEADLINE TO FILE A CLAIM: August 09, 2016

DETROIT, MI

2015380700055701-001-0000, Seized on 03/04/2015; At the port of DETROIT, MI; US CURRENCY RETAINED;
118; EA; Valued at $8,188.00; For violation of 31USC5317,31USC5316
2015380700055701-002-0000, Seized on 03/04/2015; At the port of DETROIT, MI; TAIWAN CURRENCY
RETAINED; 480; EA; Valued at $4,910.62; For violation of 21USC5317,31USC5316

Have you had a money seizure at Detroit Metro Airport?

If you experienced a money seizure at Detroit Metro Airport 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.

A Cash Seizure at O'Hare Airport Chicago is pictured in this Notice of Seizure and Intent to Forfeit

Cash Seizure at O’Hare Airport in June 3 Notice

Posted by Jason P. Wapiennik on

A cash seizure at O’Hare Airport in Chicago was recently published for administrative forfeiture by U.S. Customs & Border Protection. As said, the seizure ocurred at Chicago’s O’Hare airport and the reasons for seizure were a failure to report cash to CBP at O’Hare airport and bulk cash smuggling.

A decision timeline at CBP in Chicago on a currency seizure petition typically takes anywhere from 6 to 18 months, depending on which paralegal is handling the case and the issues raised in the petition and the supporting documentation. Thus, the fact that this cash seizure occurred on March 12, 2016, at O’Hare airport tells me that either someone did not receive the personal notice of seizure letter, they have chosen not to respond to it, their petition was legally defective, or they have (or will soon) file a claim.

A claim removes the case from CBP and brings it before a judge in Federal District Court. Our Chicago customs law office is located conveniently within a few blocks of both CBP’s Fines, Penalties & Forfeitures branch and the Federal District Court for the Northern District of Illinois.

When is better to file a claim with CBP and not an administrative petition? That is a question that should only be answered after consulting with a customs lawyer experienced in getting cash seizures returned from CBP because each case is a little different. We wrote about that issue a little bit in our article called Understanding CBP’s Election of Proceedings Form.

The excerpt from forfeiture.gov is reproduced, in part, below:

PUBLICATION/POSTING START:
PUBLICATION/POSTING END:
DEADLINE TO FILE A CLAIM:

June 03, 2016
July 02, 2016
August 02, 2016

CHICAGO, IL
2016390100060801-001-0000, Seized on 03/12/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 1,331; EA; Valued at $42,440.00; For violation of 31USC5317(C), 31USC5316, 31USC5332

Have you had a cash seizure at O’Hare Airport Chicago?

If you experienced a cash seizure at O’Hare Airport Chicago 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.

Back-to-back Detroit airport money seizures are listed in this May 27 Notice of Seizure and Intent to Forfeit published by CBP

Back to back Detroit airport money seizures

Posted by Jason P. Wapiennik on

Detroit CBP seized a total $40,249 in back-to-back money seizures at Detroit airport on March 29, 2016 for failure to report and illegal cash structuring. The excerpt from the notice of seizure and intent to forfeit gives only the most essential information that allows for someone with an interest in the property to file a claim.

The fact that administrative forfeiture proceedings have begun (as signified by the fact it is being published in this way on forfeiture.gov) probably represents a bad decision by the people who experienced the Detroit airport money seizures, or by their attorney. Immigration attorneys and general practitioners have no business doing the work of a customs lawyer in responding to a money seizure by CBP at Detroit airport or elsewhere.

What are some reasons people choose the administrative forfeiture route?

It could be lack of evidence to prove legitimate source or intended use, failure to actually receive the personal notice of seizure letter, fear of criminal repercussions, failure to understand the difference between the different election of proceedings options… and other reasons related to ignorance of the law about money seizures.

Here’s the excerpt from CBP’s forfeiture.gov posting:

PUBLICATION/POSTING START:
PUBLICATION/POSTING END:
DEADLINE TO FILE A CLAIM:

May 27, 2016
June 25, 2016
July 26, 2016

2016380700066701-001-0000, Seized on 03/29/2016; At the port of DETROIT, MI; US CURRENCY RETAINED; 265; EA; Valued at $20,558.00; For violation of 31USC5317,31USC5316,31CFR1010.340(A),31USC5324

2016380700067101-001-0000, Seized on 03/29/2016; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 235; EA; Valued at $19,691.00; For violation of 31USC5317,31USC5316,31CFR1010.340(A),31USC5324

Have you experienced a Detroit airport money seizure?

If you experienced a Detroit airport money seizure by U.S. Customs & Border Protection  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.

Loss of Cash to Texas CBP via Notice of Forfeiture & Intent to Seize

Losing cash to Texas CBP

Posted by Jason P. Wapiennik on

In the context of negotiation to get some of my client’s seized cash returned from CBP, I once had a conversation with a Fines, Penalties & Forfeitures officer. I remarked that I couldn’t believe how much money people lost to CBP through cash seizures. Without hesitation, he replied “I can’t believe how much money people don’t try to get back from CBP.”

So in consideration of people about to lose some cash to CBP, let’s have a look at some money seizures by CBP in Texas that are on the verge of being forfeited (that is, lost forever to the government). All of this information is courtesy of www.forfeiture.gov, and spans cash seizure notices of seizure and intent to forefeit for April 22 and April 29.

First up, Houston:

HOUSTON, TX
2016530100037301-001-0000, Seized on 04/14/2016; At the port of HOUSTON, TX; U.S. CURRENCY; 1; EA;
Valued at $333,485.00; For violation of 31USC5317/5316

A whopping $333,485 was seized in Houston, Texas, for a simply failing to report it. Houston is one of the ports where I’ve heard that Customs can be pretty fair in giving people plenty of opportunity to make the cash report. Next up, Presidio/El Paso, Texas:

EL PASO, TX
2016240300008401-001-0000, Seized on 02/17/2016; At the port of PRESIDIO, TX; U.S. CURRENCY; 4,907; EA; Valued at $138,209.00; For violation of 31USC5332(A),31USC5332(C),31USC5316,31USC5317

This is more than just a failure to report — the reference to 31 USC 5332 means that it is also seized for bulk cash smuggling, which likewise means that a greater amount of money is subject to forfeiture by CBP. In addition, because just below this entry and bearing the same case number is a 2004 Ford F150 truck, we can safely assume that this $138,209 was concealed within the the truck.

The last entry, for Laredo, Texas, is more puzzling:

LAREDO, TX
2016231000003901-001-0000, Seized on 04/02/2016; At the port of ROMA, $3,200.00; For violation of 31USC5317,31USC5316,31USC5324

The cash reporting requirement only applies to amounts of money being transported in excess of $10,000, but this entry indicates that $3,200 was seized for both a failure to report and a structuring violation. But you can’t violate the cash reporting law by transporting less than $10,000. So how is it that CBP is forfeiting $3,200?

Well, it’s possible it was some small part of a structuring transaction; but in that case, I would expect to see another entry with the same case number of seizure date the brings the amount to over $10,000. It’s also possible that the person only transported $3,200 because they did not want to have to report traveling with more than $10,000. More likely (in terms of a structuring violation), would be that there was a sequence of transactions of moving money across the border and, when they were all added up and CBP got wind of the structuring plot, they seized this last bit of $3,200. If you don’t understand that, you haven’t read our article on cash structuring to avoid the reporting requirement.

Have you lost cash to CBP through a money seizure?

A loss of cash to CBP through seizure is a traumatic experience. If the money has not already been forfeited, there are some good chances to get it back if you know what you’re doing. Our customs law firms knows what it’s doing. You can learn more from our trusted legal guide to a customs money seizure and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

A legal notice of seizure and intent to forfeit (CAFRA)

CBP Chicago & Detroit Forfeiture Notices for April 15

Posted by Jason P. Wapiennik on

When CBP seizes money it is subject to forfeiture. Typically, Customs sends a letter notifying all interested persons that the property has been seized, is subject to forfeiture, and some options for getting seized money back (not all options, by the way). If administrative remedies to get seized money back are not successful, publication of a notice of forfeiture is made by CBP.

Publication of a notice of intent to forfeit used to be done in newspapers, until the government wised up and made a website specifically to give notice of forfeitures. So now, notices of seizure and intent to forfeit are published at www.forfeiture.gov, and depending on the Port involved, usually occurs about once each week.

The property listed in those notice of seizure and intent to forfeit is what no one wants (abandoned), no one knows about (lack of actual service of notice of seizure by mail), or which they could not successfully get back administratively (they could not provide they had a right to it, or it was somehow illegal).

In CBP Detroit’s April 15 notice of seizure, there’s a total of $64,480 up for potential forfeiture for failure to report, money laundering, fraudulent identification documents, and fraudulent account access devices.

  • 2015380200017901-001-0000, Seized on 07/11/2015; At the port of PORT HURON, MI; U.S. CURRENCY RETAINED; 846; EA; Valued at $64,480.00; For violation of
    31USC5317,31USC5316,31CFR1010.340(A),18USC981,18USC1956,18USC1028,18USC,
    1029,18USC1341,18USC1344

We recently opened an office location in Chicago better serve those who’ve had money seized at O’Hare airport. The notices for Chicago do not appear to be for failure to report, bulk cash smuggling, or structuring though. But Chicago’s April 15th notice of seizure and intent to forfeit has a total of $1,525,176 up for forfeiture.

  • 2016390100014001-005-0000, Seized on 11/10/2015; At the port of CHICAGO, IL; US CURRENCY; 2,150; EA; Valued at $34,445.00; For violation of 21USC881,19USC1595A(A)21USC841,21USC846
  • 2016390100028101-002-0000, Seized on 12/16/2015; At the port of CHICAGO, IL; U.S. CURRENCY; 1,183; EA; Valued at $32,390.00; For violation of 18USC981,18USC1956
  • 2016390100042101-001-0000, Seized on 01/27/2016; At the port of CHICAGO, IL; BULK USC; 12,476; EA; Valued at $259,935.00; For violation of 18USC981,18USC1956
  • 2016390100049101-001-0000, Seized on 02/09/2016; At the port of CHICAGO, IL; BULK USC; 28,092; EA; Valued at $625,080.00; For violation of 18USC981,18USC1956
  • 2016390100067201-001-0000, Seized on 04/09/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 5,926; EA; Valued at $99,969.00; For violation of 18USC981,21USC881,19USC1956
  • 2016390100067301-002-0000, Seized on 04/09/2016; At the port of CHICAGO, IL; U.S. CURRENCY; 22,853; EA; Valued at $473,357.00; For violation of 18USC981,21USC881,18USC1956

$1.5 million is, to most folks, a lot of money. To the government, it might be a drop in the bucket or a digit to the right of a decimal point in the budget. But whether government, rich, or poor every can agree — any little bit of cash helps. If no one files a claim and wins a portion of the seized money back, it will go to the government to support its operations.