Tag: petition for remission

Customs Currency Seizure Assisted by K9

Posted by Jason P. Wapiennik on April 28, 2014

Customs seized currency at Dulles airport for failure to file a currency report for a man who repeatedly reported transporting only $8,000, but he was instead found with more than $20,000. Below is a picture from the customs news release that shows, apparently, the offending currency and it’s new owner, a German Shepherd. Alright, the German Shepherd will not become the new owner, as the story correctly points out anyone who has had their currency seized by customs has the right, among others, to petition to have the currency returned to them provided that they can establish a legitimate source for the money and show that it had a legitimate intended use. Here’s the story from Customs:

STERLING, Va. — U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) at Washington Dulles International Airport seized $24,789 from a U.S. citizen Monday for violating federal currency reporting regulations.

The man, who arrived on a flight from Qatar, declared possessing only $8,000. While proceeding to the exit from the federal inspection area a CBP K9 enforcement officer led his partner, CBP currency detection K9 “Nicky,” over to sniff the traveler’s luggage. Nicky alerted and the officer asked the man how much money he was carrying. He declared $8,000. The officer then referred the traveler for a secondary inspection.

In secondary the man again declared possessing $8,000 to CBP officers. While examining the passenger’s luggage, CBP officers discovered an envelope containing $24,789. CBP officers seized the $24,789 and advised the traveler how to petition for the return of his currency.

CBP K9 ‘Nicky’ detected $24k in unreported currency a traveler concealed at Washington Dulles International Airport April 21, 2014.There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in monetary instruments, which includes foreign 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 Frances B. Garcia, Acting CBP Port Director for the Port of Washington. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

Like other law enforcement, Customs’ uses dogs to enhance it’s search capabilities at the border and in airports, and in this case, the dog was able to sniff out the currency, most likely because it contained trace amounts of narcotics, as I am told most U.S. currency does.

If you have had money seized by customs 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

CBP Officers Arrest Man with $165,000 in Unreported Currency at the Laredo Port of Entry

Posted by Jason P. Wapiennik on April 18, 2014 with 1 Comment

Customs money seizure news releases from U.S. Customs & Border Protection have been sparse since customs renovated with their website. But, after nearly two months, we have a new story about a recent customs currency case at the Mexican border. This story is a about a 60 year old Mexican national from Louisiana who was transporting $165,000 in currency on his body.

LAREDO, Texas – U.S. Customs and Border Protection officers and agents at the Laredo Port of Entry seized more than $150,000 in unreported currency as the result of a single enforcement action that resulted in the arrest of the man who had the currency in his possession.

“Stopping the export of unreported currency is an important role in the overall scheme of hindering the flow of illicit proceeds at U.S. borders,” said Jose R. Uribe, Acting CBP Port Director, Laredo. “Laredo CBP officers and agents remain dedicated to the mission of applying export rules and regulations and hindering the cycle of these illegal outbound exportations.”

The interception of the currency occurred on Friday, April 11, while CBP officers and Border Patrol agents conducting outbound (southbound) inspections at the Lincoln-Juarez International Bridge came across a 2011 Honda Civic driven by a 60-year-old Mexican citizen from St. Amant, La. A CBP officer referred the male driver and vehicle for a secondary examination that resulted in the discovery of eight bundles containing approximately $165,000 in unreported currency on his person.

CBP officers seized the unreported currency, and the vehicle. The driver was arrested by CBP officers and turned over to Homeland Security Investigations (HSI) special agents for further investigation.

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the U.S.; however, if the quantity is more than $10,000, they will need to report it to CBP. “Money” means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, traveler’s checks in any form, money orders, and negotiable instruments or investment securities in bearer form. Failure to declare may result in seizure of the currency and/or arrest.

The original news release for this customs money seizure is available here.

The reason your currency was seized by customs may be different. The vast majority of my client’s have had their money taken by customs at the airport or at the land borders because of miscommunication, ignorance of the reporting requirement, confusion, fatigue from travel, and other times because of unfair, if not necessarily illegal, enforcement tactics used by customs. If you have had money seized by customs 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

Currency Reporting Violations and the Global Entry Program

Posted by Jason P. Wapiennik on March 6, 2014

As some of my currency seizure clients have come to find out, failing to properly report currency over $10,000 being transported out of the United States can result in removal from trusted traveler programs. This news release from my local port of Detroit by customs confirms it:

Detroit – U.S. Customs and Border Protection (CBP) at Detroit Metro Airport announces that three travelers enrolled in the Global Entry program have been removed due to zero tolerance violations of program rules.

Global Entry is a CBP program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. The program benefits CBP and participating foreign governments by allowing them to focus efforts on unknown and potentially higher risk air travelers, thereby facilitating the movement of trusted travelers in a more efficient and effective manner.

“Global Entry provides a level of trust not afforded to regular air travelers,” said Devin Chamberlain, CBP Port Director. “Violations of any kind will result in removal from the program.”

The violators, all returning U.S. citizens failed to declare personal use steroids and prescription drugs and failed to report the transport of currency over $10,000. Two events occurred February 26 and the last March 1, 2014.

If you have had money seized by customs 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

Border Patrol Agents Seize Over $1.5

Posted by Jason P. Wapiennik on February 20, 2014

Though not exactly the type of customs money seizure that my client’s experience (which usually at a land border crossing or at an airport), nevertheless Customs & Border protection recently issued a news release about some check-point currency seizures that the border patrol wing of U.S. Customs and Border Patrol executed.

San Clemente, Calif. — In two separate events, U.S. Border Patrol agents arrested two foreign nationals with large quantities of concealed bulk cash.

The first event occurred Friday at 4:30 p.m., when an Uzbekistan national, who is a permanent U.S. resident, arrived at the San Clemente checkpoint driving a commercial truck. The 27-year-old man was hauling five used cars on a trailer. The man was referred to secondary, where a K-9 performed a cursory inspection resulting in a positive alert. California Army National Guard members, operating an x-ray system, detected anomalies in two Acura MDXs. Agents searched those vehicles and discovered false compartments in their rear bumpers. The compartments were filled with 49 bundles of cash. The bundles contained an approximate total of $1,476,245 in U.S. currency. The cash and two Acuras were seized by the U.S. Border Patrol.

The second event occurred on Sunday afternoon around 2 p.m., as agents were patrolling I-5. Agents observed a suspicious vehicle travelling southbound and initiated a vehicle stop. The 39-year-old Mexican national driver was holding a valid visa. Agents requested and received permission to search the man’s vehicle. Upon inspection, agents discovered $49,900 inside a black bag and inside the man’s jacket. An additional $10,000 was in the man’s pockets. When questioned, the man stated that the $10K was his, but he did not have a receipt of declaration for bringing the money into the U.S. He claimed that the other $49,900 did not belong to him and that he did not want to be associated with it. The driver is being held in Department of Homeland Security custody with removal proceedings pending. The vehicle and cash were seized by the U.S. Border Patrol.

Please read these other articles from our customs law blog:

Customs Seizes $19,800 at Border

Posted by Jason P. Wapiennik on February 18, 2014

Customs executed another customs money seizure at a Texas border crossing; this story just doesn’t happen at land borders like our shared border with Canada, but also at international airports. This particular tale of woe concerns a woman who had 3 vacuum sealed packages containing a total of $19,800 — that they were vacuum sealed would most likely indicate to Customs that this was not an inadvertent failure to file a currency and monetary instrument report, but rather an attempt to smuggle money without alerting the drug/currency-sniffing dogs to the presence of the money.

Eagle Pass, Texas – U.S. Customs and Border Protection officers in Eagle Pass seized more than $19,000 in undeclared currency Thursday afternoon.

“Large amounts of currency may be imported and exported with the proper documentation,” said Cynthia O. Rodriguez, CBP Port Director, Eagle Pass. “Failure to report international transit of $10,000 or more could mean forfeiture of funds and criminal sanctions.

“Seizing undeclared currency at ports of entry serves to deprive criminal organizations of their profits.”

Shortly after 1 p.m. Thursday, CBP officers at Eagle Pass International Bridge I encountered a pedestrian as she was exiting the United States bound for Mexico. During inspection, officers discovered the woman, a 22-year-old citizen of Mexico, had a large quantity of U.S. currency in her possession. Officers seized three vacuum-sealed packages containing a total of $19,800. The woman was turned over to Homeland Security Investigations for federal prosecution.

Please read these other articles from our customs law blog:

Customs in Philadelphia Seizes $27k in Unreported Currency

Posted by Jason P. Wapiennik on January 27, 2014

Another news release from customs demonstrates why you should make a truthful declaration to customs when carrying over $10,000 to avoid a customs money seizure. In this instance, a husband and wife were travelling together and between each of them, they possessed over $27,000 in various currencies located in different envelopes. After verbally reporting $6,000, he later reported $16,000 in writing. It’s important to remember that the currency declarations and requirement to report travelling with more than $10,000 applies to all currencies, both foreign and domestic.

As with most cases of this type, it involves questions of potential structuring violations (dividing money up between multiple people to avoid the reporting requirement), bulk cash smuggling (customs will often try to say that concealing the currency in anything shows an intent to smuggle, even if it’s just in an envelope in your luggage in different locations). In order to get their money back, they will need to demonstrate a legitimate source and legitimate intended use and they can do this by filing a petition.

The story:

Philadelphia – U.S. Customs and Border Protection (CBP) officers seized nearly $27,000 from a Ghana couple Sunday at Philadelphia International Airport after they failed to truthfully report the total currency they possessed.

Neither was criminally charged.

The couple arrived from Germany and was referred to a secondary inspection. The man verbally reported possessing $6,000. After CBP officers explained federal currency reporting requirements, the man then wrote down that he possessed $16,000. During a baggage examination, CBP officers discovered multiple envelopes that contained U.S. currency, British pounds, Swiss francs and Ghana cedi. Officers verified the total currency as $27,431.30. Officers returned $500 to the couple for humanitarian purposes and seized the remaining $26,931.30. Officers released the couple to continue their visit.

There is no limit to how much currency that travelers can bring into, or take out of the United States. Travelers are required to formally report amounts of $10,000 or more in U.S. dollars, equivalent foreign currency, or other monetary instruments.

“CBP derives no great pleasure from seizing travelers’ currency. However, there are consequences for failing to comply with U.S. currency reporting laws,” said Tarance Drafts, acting CBP Port Director for the Area Port of Philadelphia. “We hope that all travelers are honest with CBP officers and truthfully declare the total currency they possess or other things that they are bringing from overseas to the U.S.”

Please read these other articles from our customs law blog:

Targeted Enforcement for Customs Money Seizure

Posted by Jason P. Wapiennik on January 17, 2014

How does customs target people for money seizures?

There are certain groups of people who are more likely to be transporting large amounts of money through airport customs. For example, people who come from largely cash based economies and people who for cultural reasons, do not trust banks or prefer to pay with and keep cash on hand. Walking around with more than $10,000 in cash is hard for a lot of Americans to understand because credit is easy and we are notoriously bad savers. I suspect many American’s would not think twice about having a $10,000 balance on their credit card, but those same people would be shocked to hear about someone walking around with $10,000 in cash.

Another example of people who are more likely to be transporting large amounts of money through customs are those travelling to the U.S. for an extended vacation or are staying for a long time to attend a university, work an internship, or immigrate from China, Korea, Iran or Indonesia, for example, and make a permanent residence in the United States . They might be carrying money with them to pay for tuition (which usually cannot be paid by credit card), books, expenses related to renting an apartment, buying car, purchasing health insurance, etc.

Why does customs target certain groups for money seizures?

From the perspective of customs, targeted enforcement of the more than $10,000 currency reporting requirement makes sense and any diligent customs officer who wants to make sure the currency reporting laws are enforced is going to target certain people de-planing from flights from certain countries or parts of the world.

Extended vacationers are easy to target by customs. Customs may review your itinerary (e.g., one way or return flight) and ask about the purpose of your visit to the United States. So when a customs officer asks, “How long are you staying in the United States?” and the response is, “A month,” one of the next few questions likely to be asked is going be, “And so how much money are you travelling with?” If you look nervous, or if they just do not believe you, there are likely going to search you and your luggage in a secondary inspection to verify whatever you tell them about how much money you are transporting.

What’s an example of a group targeted by customs for currency reporting purposes?

The Chinese New Year is coming up (1/31 to 2/6) and traditionally, Chinese people visit relatives and give cash gifts in red envelopes, called hongbao, during this holiday. You can read more about

Red Envelope (hongbao) Customs Money Seizure — Cash Filled Hongbao – Red Envelopes

this interesting cultural practice at Wikipedia. Chinese people living in the United States also celebrate the Chinese New Year. Chinese nationals travel to the United States to visit their family living here and bring with them hongbao red envelopes stuffed with cash from relatives back in China. It might be in certain “lucky” denominations, it might be for a wedding, a new baby, or just to help a young family out.

As a result, Customs might target flights from China for enhanced enforcement of the currency reporting requirement near and during the Chinese New Year and seize money for failure to report, bulk cash smuggling, or structuring violations (multiple red envelopes being transported on behalf of multiple relatives). Chinese nationals coming to the United States during the Chinese New year celebrations are probably going to be targeted by customs to make sure that they are reporting any amount over $10,000 in currency they are transporting into the United States, or if they fail to report, customs will seize their money and tell them to file a petition to get it back.

Customs seized my money! What do I do now?

If you have had money seized by customs 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, Las Vegas, Orlando and many other places, and not just locally in Detroit.

Please read these other articles from our customs law blog:

Philly CBP Seizes a Combined $96K from Two Women Heading to Jamaica on Consecutive Days

Posted by Jason P. Wapiennik on January 13, 2014

A sure way to ruin your vacation to Jamaica is by failing to correctly report the amount of currency you are transporting from the United States. Any failure to report, or mis-report, of the amount of currency you transport makes the currency subject to seizure and forfeiture. Customs released some details of some unlucky travellers who had their money confiscated by customs:

Philadelphia — U.S. Customs and Border Protection (CBP) officers seized a combined $96,683 from two women heading to Jamaica on consecutive days this weekend for violating federal currency reporting regulations.

CBP officers stopped the first woman as she attempted to board a flight to Montego Bay Saturday. CBP officers explained federal currency reporting regulations to the woman and

she reported that she possessed $4,900. A CBP examination of both the woman’s carry-on bag and her checked luggage revealed a total of $65,643, including some currency concealed inside children’s shoes.

The following day, CBP officers stopped another woman boarding the Montego Bay-bound flight. After CBP officers explained the currency reporting regulations, the woman reported $5,000 to $6,000. She then removed an envelope from her carry-on bag that contained $10,700. CBP officers then discovered an additional $13,340 in the woman’s carry-on bag. The woman then admitted that there was additional currency in her checked luggage. CBP officers counted a total of $31,040

Neither woman was criminally charged. CBP officers seized the currency and released the women.

There is no limit to how much currency that travelers can bring into, or take out of the United States. Travelers are required to formally report amounts of $10,000 or more [NOTE: Wrong again, it is more than $10,000] in U.S. dollars, equivalent foreign currency, or other monetary instruments.

“These are two very expensive lessons that these women learned, and we hope that this experience entices other travelers to truthfully report to Customs and Border Protection officers the total amount of currency that they bring to the U.S., or intend to take from the U.S.,” said Tarance Drafts, acting CBP port director for the Area Port of Philadelphia. “CBP derives no great pleasure from seizing travelers’ currency. However, there are severe consequences for failing to comply with our nation’s laws.”

CBP’s Port of Philadelphia seized $1,319,195 in unreported currency during Fiscal Year 2013, (Oct. 1, 2012 – Sept. 30, 2013).

In both cases, CBP officers were conducting routine enforcement operations on outbound international flights.

CBP routinely conducts such inspections on arriving and departing international passengers and cargo, and searches for terrorist weapons, dangerous drugs, unreported currency, counterfeit merchandise, prohibited agriculture, and other illicit products.

If these women weren’t up to anything illegal, then having their money seized by customs was totally avoidable. They would have had to file the currency report, and demonstrate a lawful source for the money and lawful intended use. In cases of a civil customs money seizure as here, a person can file a petition for remission for the return of the currency. If you have had currency seized from Customs, do not go it alone. Get the advice of an attorney who knows what he is doing. If you do not, you might only make the situation worse by handling it on your own or hiring a lawyer who doesn’t regularly handle these cases.

If you have had moneyseized 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 in Philadelphia Seizes Money for Violation of Currency Reporting Laws

Posted by Jason P. Wapiennik on January 2, 2014

A customs news release relates the tale of two travelers who had their money seized by customs at the airport for a failure to report the currency they were transporting. As you will read, the father and son were travelling together and therefore customs lumped the currency each of them were carrying together. The story does not explain how much cash was found on each person individually, but it could have a bearing on whether or not seizure was proper and even if it was, it could affect the penalty that is owed through the customs mitigation guidelines for currency seizures.

This story raises questions in my mind of structuring and who needs to make the report when more than one person is transporting more than $10,000 across the border. I would not be surprised if customs also alleges a structuring violation in the CAFRA notice of seizure document. These folks should hire a customs lawyer to help them get their seized currency back from customs. On to the story:

(Tuesday, December 31, 2013) Philadelphia – An Israeli father and son learned a very difficult lesson Friday at Philadelphia International Airport after U.S. Customs and Border Protection (CBP) officers seized $27,648 that they failed to truthfully report to officers.

The two men, who arrived from Cancun, Mexico, repeatedly reported to CBP officers that they possessed about $6,000. CBP officers conducted a currency verification and determined that the pair were in possession of $19,020 in U.S. dollars and 5,850 in Israeli shekels for a combined total of $27,648 in U.S. or equivalent foreign currency. [EDITOR’S NOTE: The currency reporting requirement applies to US and foreign currency. Foreign currency is counted in USD at the prevailing exchange rate, so you have to be careful].

Neither man was criminally charged. [EDITOR’S NOTE: This is a civil customs money seizure so they can file a petition to try to get get their money back.] CBP officers seized the currency and released both men to continue their visit.

There is no limit to how much currency that travelers can bring into, or take out of the United States. Travelers are required to formally report amounts of $10,000 or more in U.S. dollars, equivalent foreign currency, or other monetary instruments. [EDITOR’S NOTE: This is, like many news releases, incorrect. The reporting requirement is only for more than $10,000 U.S., equivalent, or other instruments]

“CBP derives no great pleasure from seizing travelers’ currency. However, there are consequences for failing to comply with U.S. currency reporting laws,” said Tarance Drafts, acting CBP port director for the Area Port of Philadelphia. “We hope that all travelers are honest with CBP officers and truthfully declare currency or other things that they are bringing to the U.S.”

Privacy laws prohibit CBP from releasing names as neither subject was criminally charged.

CBP routinely conducts inspection operations on arriving and departing international passengers and cargo, and searches for terrorist weapons, illicit narcotics, unreported currency, counterfeit merchandise, and prohibited agriculture and other products.

Too bad for these folks, but they can act quickly, hire a customs lawyer, and respond appropriately to try to get their money released. 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:

Dulles CBP Seizes Over $13K in Unreported Currency

Posted by Jason P. Wapiennik on December 30, 2013

Customs does not stop seizing money from travellers at airports just because it’s the holiday season. On December 26, customs seized over $13,000 from a Ghanian man who failed to report transporting more than $10,000 from the United States at Dulles airport. The link is here. The serves as a reminder that the currency reporting requirements apply to persons transporting money both into or outside of the United States equally.

U.S. Customs and Border Protection (CBP) at Washington Dulles International Airport seized $13,585 from a Ghanaian citizen Thursday for violating federal currency reporting regulations.

The man, who was boarding a flight to The Netherlands, was interviewed by CBP officers. During the interview CBP officers explained the currency and monetary instruments reporting requirements and asked him numerous times how much money he was travelling with. He declared verbally and in writing possessing $8,700. A subsequent search produced a total of $13,585. The $13,585 was seized with $185 being returned to him for humanitarian relief.

There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

CBP officers 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 Christopher Hess, CBP port director for the Port of Washington. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

In addition to currency enforcement, CBP routinely conducts inspection operations on arriving and departing international flights and intercepts narcotics, weapons, prohibited agriculture products, and other illicit items.

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: