Tag: offer in compromise CBP

A Display of Cash on Table with Brownsville CBP Sign After Seizure

Another $71K Seized at Brownsville Port: Repeat Currency Seizures Signal a Aggressive Enforcement

Posted by Jason P. Wapiennik on December 5, 2025

Just days after CBP officers seized $70,749 in unreported currency at the Brownsville Port of Entry, another outbound inspection at the Gateway International Bridge resulted in the seizure of $71,000 in bulk cash on November 22, 2025. Two major seizures in less than a week raise an important question: Is CBP increasing outbound enforcement, and what does this mean for travelers?

Two high-value seizures in one week suggest that CBP is continues aggressive outbound inspections at Brownsville, a major U.S.-Mexico crossing. These efforts target bulk cash smuggling, often linked to illicit activity, but innocent travelers can easily get caught if they don’t understand the rules.

The Law Hasn’t Changed

It’s still not illegal to carry more than $10,000 across the border. However, failing to declare it—or concealing or structuring it—violates federal law under 31 U.S.C. § 5316, 5324, or 5332. Consequences include:

Immediate seizure of funds and property
Civil penalties equal to the undeclared amount
Possible criminal charges for smuggling or structuring

Lessons from Two Seizures

If you read our recent post on the $70K seizure, you know the basics: declare your currency and avoid structuring. This new case reinforces those lessons and adds another:

CBP is watching outbound traffic closely. Don’t assume inspections only happen when entering the U.S.
Vehicles can be seized too. The cost of noncompliance isn’t just financial—it can disrupt your travel and business.

⌛Take Back Control of Your Money Today

Don’t let a Customs money seizure derail your travel plans or financial stability. At Great Lakes Customs Law, we understand the stress and complexity of currency seizures. With years of experience on almost 700 cases, we’re here to guide you through the legal process and fight for your rights.

💵Act Now to Protect Your Cash

Contact Us for a Free Consultation: Let’s discuss your case and explore your legal options. We’ll listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
Gather Your Documentation: Start collecting relevant documents—such as bank statements, tax returns, and travel records. We’ll evaluate this to determine the best way forward for you.
Stay Informed and Prepared: We’ll keep you updated on your case and provide the tools and knowledge you need to make informed decisions.

🕛Don’t Delay – Every Moment Counts

If your cash has been seized by Customs, time is critical. Contact us immediately to take the first step toward resolving your case and reclaiming your money.

📞 Call us at (734) 855-4999
💬 Text or WhatsApp us for quick support
📝 Fill out our contact form to get started

Explore the Full Process of Currency Seizure & Recovery

To learn more about what happens after a seizure, how penalties are assessed, and how you can recover your funds, visit our comprehensive guide:

👉 A CBP Money Seizure Lawyer’s Guide to Recovering Seized Cash

Don’t navigate this process alone—get informed and take action.

CBP Can Garnish Your Tax Refund for an Unpaid Penalty

Customs Penalties Can Trigger Tax Refund Garnishment: What Importers Need to Know

Posted by Jason P. Wapiennik on September 25, 2025

If you’ve received a penalty from U.S. Customs and Border Protection (CBP)—especially for violations like importing counterfeit goods under 19 U.S.C. § 1526—you may be facing more than just a fine. Ignoring a customs penalty can result in aggressive collection efforts, including the interception of your federal income tax refund through the Treasury Offset Program (TOP).

This article explains how CBP collections work, the risks of inaction, and some potential strategies to protect your refund and resolve the debt. Instead of ignoring a penalty, file a Petition for Mitigation or Remission – Relief from Customs Decision to avoid this horrible scenario.

The Risk: CBP Can Garnish Your Tax Refund—and More

If you are thinking about ignoring a penalty from CBP, think again. CBP has the authority to refer unpaid debts—including fines and penalties for counterfeit imports—to the Department of the Treasury. Once referred, the Treasury Offset Program (TOP) can reduce or eliminate your federal tax refund to satisfy the debt.

But it doesn’t stop there. Treasury can also offset other federal payments owed to you, including:

Social Security benefits
Federal retirement payments
Vendor payments
Certain federal grants or reimbursements

This means that any money the federal government owes you could be intercepted to satisfy a customs-related debt. This applies even if:

You were unaware of the penalty, although you may have some basis to challenge it based on lack of constitutional due process
You live outside the U.S.
You file a joint tax return.

If you file jointly, your spouse may be able to protect their portion of the refund by submitting an Injured Spouse Claim and Allocation.

What Triggers Collection Action?

CBP may initiate collection for:

Unpaid fines and penalties under any customs law, but often seen under 19 U.S.C. § 1526 (e.g., for importing counterfeit goods).
Promissory notes or debit vouchers related to customs violations.
Failure to respond to a penalty notice or settle the debt within the required timeframe.
Once the debt is deemed “legally enforceable,” CBP can refer it for offset without further warning.

No Good Options To Respond

The CBP letter outlines three options that are not great, unless the penalty is in error:

Pay the Debt in Full
Request a Voluntary Repayment Agreement
Dispute the Debt (if it is issued in error/by mistake, or because the amount is wrong)

Consider an Offer in Compromise

It may be possible to submit an offer in compromise under 19 U.S.C. § 1617, asking CBP to settle the debt for less than the full amount. However, this route is untested and seems unlikely to succeed if CBP or Treasury believes the debt is collectible—even if it takes years for them to collect. The fact that the government is actively intercepting tax refunds suggests they view the debt as enforceable and recoverable. Still, for some individuals with long-term financial hardship, it may be worth exploring with legal counsel.

What Happens If You Ignore the Notice

Never ignore a CBP penalty. If you take no action:

Your tax refund will be intercepted.
You may face additional penalties under the False Claims Act or other federal statutes if you submit false information.
If the debt is discharged but not collected, it may be reported to the IRS as taxable income, increasing your tax liability.

How Can You Protect Your Refund?

You may be able to protect your refund using one potential—but not guaranteed—strategy: adjust your tax withholding so that you don’t expect a large refund. In theory, if there’s no refund to intercept, the Treasury Offset Program has nothing to collect.

This approach may work for some or for a time, but it’s not a one-size-fits-all solution and the government has its own way to respond. It’s important to consult with a customs penalty defense attorney or tax professional to determine what’s best for your situation.

⚖️Consult with a Customs Lawyer

Contact a customs lawyer to discuss your case, by reaching out to Great Lakes Customs Law by any method below.

📞 Call us at (734) 855-4999
💬 Text or WhatsApp us for quick support
📝 Fill out our contact form to get started

Case Study: Two Currency Seizures at DFW – Why Hiring an Attorney Matters

Posted by Jason P. Wapiennik on September 17, 2025

When U.S. Customs and Border Protection (CBP) seizes currency for failure to report amounts over $10,000 under 31 USC 5316, the path to recovering your money can be complex, time-consuming, and full of legal pitfalls. Two recent cases from the Dallas/Fort Worth (DFW) port of entry illustrate the stark difference between navigating this process with an attorney versus going it alone.

Case 1: $40,228 Seized – Represented by Great Lakes Customs Law

Violation: Failure to report under 31 USC 5316
Amount Seized: $40,228
Date Seized: August 22, 2024
Attorney Hired: ✅ Yes
Petition Filed: September 26, 2024
Decision Made: March 5, 2025
Outcome: CBP returned all but $5,000

This case demonstrates the efficiency and effectiveness of hiring an attorney, which was in this case was Great Lakes Customs Law. We filed a petition for remission for this client, which was decided by CBP in just over six months after the date of seizure. Our client recovered nearly 88% of the seized funds and was very happy with the outcome. Importantly, had the petition been denied or too high a penalty required, we could have filed a supplemental petition, or pivoted to a claim or offer in compromise, keeping multiple options open.

Case 2: $14,310 Seized – Represented Self/No Attorney

Violation: Failure to report under 31 USC 5316
Amount Seized: $14,310
Date Seized: November 19, 2024
Attorney Hired: ❌ No
Offer in Compromise Filed: 10% of seized amount
Offer Rejected: August 19, 2025
Outcome: No refund of offer check; no decision letter received

We were contacted by this individual who shared with their story with us. This person chose not to hire a customs attorney and instead represented themselves and submitted an Offer in Compromise under 19 USC 1617, offering 10% of the seized amount. After waiting 9 months, the offer in compromise was rejected. Worse, the person did not know it was rejected because they did not receive a formal decision letter or a refund of the submitted check! Once they received the decision letter, the time for responding had already passed, but after repeated follow-ups, CBP extended the deadline by only 10 days. That person faced a difficult choice:

Submit a new offer in compromise, which may take months again
File a claim, which could lead to litigation

Key Takeaways: Why Hiring an Attorney Makes a Difference

Factor	Case 1 (Attorney)	Case 2 (Self-Represented)
Processing Time	~5 months	~9+ months and counting
Outcome	88% of funds returned	Offer rejected, no refund
Options Available	Supplemental petition, claim (court trial), offer	A new Offer in Compromise, claim (court trial)
Communication with CBP	Handled professionally	Delays, missing mail, short deadlines
Stress & Uncertainty	Minimal	High and ongoing

Conclusion

Hiring an attorney for a currency seizure case isn’t just about legal expertise—it’s about preserving your options, reducing uncertainty, and maximizing your chances of recovering your money. As these two DFW cases show, the difference can be thousands of dollars and months of stress.

If CBP has seized your money, don’t wait. Contact a customs attorney who understands the process and can advocate for your rights.

🏆 Real Results That Speak for Themselves

Before you decide how to respond to a currency seizure, take a moment to explore our real-world case results. We’ve successfully handled nearly 700 cases, recovering millions of dollars for travelers, importers, and everyday people just like you. These outcomes aren’t just numbers—they’re proof that experience, strategy, and persistence matter.

👉See our 15 year track record of success

Explore the Full Process of Currency Seizure & Recovery

To learn more about what happens after a seizure, how penalties are assessed, and how you can recover your funds, visit our comprehensive guide:

👉 A CBP Money Seizure Lawyer’s Guide to Recovering Seized Cash

Don’t navigate this process alone—get informed and take action.

⌛Take Back Control of Your Money Today

💵Act Now to Protect Your Cash

Contact Us for a Free Consultation: Let’s discuss your case and explore your legal options. We’ll listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
Gather Your Documentation: Start collecting relevant documents—such as bank statements, tax returns, and travel records. We’ll evaluate this to determine the best way forward for you.
Stay Informed and Prepared: We’ll keep you updated on your case and provide the tools and knowledge you need to make informed decisions.

🕛Don’t Delay – Every Moment Counts

If your cash has been seized by Customs, time is critical. Contact us immediately to take the first step toward resolving your case and reclaiming your money.

📞 Call us at (734) 855-4999
💬 Text or WhatsApp us for quick support
📝 Fill out our contact form to get started