Tag: reporting requirement

A picture of bulk cash from behind the stereo in the dashboard in a bulk cash smuggling seizure CBP officers removed

CBP Officers Discover $190,000 in Radio

Question: When is a 9 year old Ford Fusion worth more than $7,000? Answer: When there is $190,000 in cash hidden behind the radio. As is always the case with the stories about Customs taking cash at the border with Mexico, this really is not just a “failure to report” but really “bulk cash smuggling.”

The intent to not report the cash can be strongly inferred from its presence behind the radio and the individuals failure to report it. The only way he might not be responsible for the bulk cash smuggling and failure to report crimes is if he did not know the money was there. For example, if he just bought the car and the previous owner preferred to keep his cash in the dashboard of his car instead of a bank account.

Here’s the story:

TUCSON, Ariz. – U.S. Customs and Border Protection officers conducting outbound inspections at Arizona’s Port of Nogales on June 9 arrested a male Mexican national for failing to report more than $190,000 in U.S. currency bound for Mexico.

Officers working at the Mariposa crossing Friday afternoon referred a 23-year-old driver of a 2008 Ford Fusion for a search of his vehicle before allowing it to cross into Mexico. During the search, officers discovered 24 packages of U.S. currency hidden behind the vehicle’s radio.

Officers seized the funds and vehicle, and turned the subject over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Let this be a lesson to anyone who is considering keeping their savings in their dashboards. If you forget to remove it or report it to Customs before your cross the border, you may get the money seized by Customs!

Read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

Notice of Seizure and Intent to Forfeit (CAFRA) at the Port of Detroit

Detroit CBP Seizes $10,005 in Cash at DTW

Press releases from CBP about cash seizures have been slow for the past several weeks, but there are still plenty of people getting money seized and lots of forfeiture actions being published on forfeiture.gov, like the following case where slightly more than $10,000 was seized at Detroit Metropolitan Airport on June 16:

2016380700087701-001-0000, Seized on 06/16/2016; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 101; EA; Valued at $10,005.00; For violation of 31USC5317, 31USC5316, 31CFR1010.340(A)

What a bummer for this person; he had another $5 with him that took him the category of people who do not have to file the currency report, to the category of people that must file. My guess is that he knew the reporting limit was $10,000, so that’s all he took with him (which could be a structuring violation, anyway); but he probably forgot about a $5 bill in the fold of his wallet, or in the pocket of his luggage. This is technically – legally – a violation of the reporting law. Of course, Detroit Customs seized his cash.

Sometimes they let people amend their report, sometimes they do not. I’ve had clients who’ve had money seized in same detention area with someone who, also failing to report, have not had money seized. I presume the decision to seize is dependent on the facts and circumstances of the seizure, and it is not just entirely arbitrary and capricious. I would really, really, like to believe that.

If you are traveling with $10,000.01 or more, you must file a currency report with CBP. If he was traveling with $10,000, no report was necessary. But, because he had $10,005, he had to file a currency seizure report.

Has Detroit CBP seized your cash?

If Detroit 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.

Money Seized, Smuggling Prevented by CBP in Yuma

CBP is reporting on a story of a bulk cash smuggling seizure of $25,000 in Arizona.

Coincidentally, we are in the process of preparing an article on the consequences of bulk cash smuggling currency seizure cases and how they differ from money seizure for a simple failure to report amounts over $10,000. The bulk cash smuggling charges are far more serious than the (already serious) failure to report charges. If you’ve had your cash seized for bulk cash smuggling under 31 USC 5332 (more on that law HERE) then you really need an attorney — that’s because even when legitimate source and intended use are proven — you could still lose all of your cash because it was smuggled. Petition for Remission of Currency Seizure

Here’s the story, told along with other various exploits of Yuma CBP:

Friday night, an immigration inspection of a Greyhound Bus in Blythe, Calif. resulted in the seizure of $25,000 from a female Legal Permanent Resident Card holder. The female had the cash taped to her waistline. She claimed she was just transporting the money. The currency was seized as per Yuma Sector guidelines and the female was released.

If you have had money seized by CBP and don’t know what to do, call our office at (734) 855-4999 or 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, San Francisco, Miami, and many other places, and not just locally in Detroit. Please read these other articles:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. Responding to a Customs currency seizure
  8. How do I get my seized money back?
  9. Getting money seized by U.S. Customs back while staying overseas
  10. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case

 

 

Filing a Petition for Seized Currency (with Sample and Tips) with CBP

If you are attempting to get your seized currency back from Customs by filing a petition for remission there are several legal requirements written into the Customs laws and regulations. Some do-it-yourselfers come to our customs law firm’s website looking for a sample currency seizure petition they can use to submit to Customs. Customs publishes its own set of forms for use in a wide variety of different customs enforcement/forfeiture contexts; for petitions there is a form called Petition for Remission or Mitigation of Forfeitures and Penalties Incurred (Customs Form 4609 (click to access)).  The form is extremely basic and we do not recommended it for use in the context of a customs money seizure. It can be used as a starting point, though, because any petition must have at least the information from that form.

But any good petition for seized currency should have a lot more information to be effective. When we file a petition on behalf of our currency seizure clients they are at least 10 Petition for Remission of Currency Seizurepages long because petitioning for the return of seized currency is a serious legal issue (read more about it here). Many people think it’s easy and sometimes Customs will lead you to believe it is. But why would you believe the people who just took your money? Here’s some of the questions that you should ask yourself before doing it yourself. Any lawyer you hire to help get your seized currency back should be able to answer these questions.

15 Questions to Ask Before Filing a Petition for Remission of Seized Currency with U.S. Customs:

  1. Was the search of your baggage or person constitutional?
  2. Was the currency seizure constitutional?
  3. Who has the burden of proof?
  4. What is the standard of proof that must be met by the party with the burden of proof?
  5. Does the currency seizure constitute an excessive fine in violation of the constitution?
  6. How do the federal courts in your state/circuit interpret the currency reporting requirement?
  7. Did you violate the currency reporting requirement?
  8. Are you admitting you violated the law? Are you saying too much? Are you not saying enough?
  9. Are you admitting other violations of laws you are unaware of? (unlawful currency structuring, bulk cash smuggling, conspiracy, FCPA violations (bribes), or false statement to law enforcement, among others)
  10. Did you bring the money from a country under economic sanctions, like Iran? If so, did you violate those sanctions or are you unintentionally admitting you violated those sanctions?
  11. Were there any recognized mitigating factors or aggravating factors?
  12. Are there mitigating factors that Customs has authority to recognize even though not in a written policy?
  13. Did you make an oral amendment of your declaration the Customs did not honor?
  14. Are documents properly notarized?
  15. Are documents properly translated?

If your money was seized by CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). Our customs law firm handles currency/money seizures made by customs in Detroit and around the country. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, San Francisco, and Orlando.

Please read these other articles about money seizures by customs:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures
  11. Statute of Limitations for Currency Reporting Violations
  12. Filing a Petition for Seized Currency (with Sample and Tips) with CBP
  13. Don’t Talk About Your Customs Currency Seizure Case
  14. Understanding CBP’s Election of Proceedings Form

CBP Reminds Public About Currency Reporting Requirement

In the past month we have reported on two violations of the currency reporting requirements that resulted in seizure of money by U.S. Customs & Border Protection at the CBP pre-clearance station in Nassau, Bahamas. Those stories are HERE and HERE. Now we have a “reminder” about the “Currency Reporting Requirement” from that same pre-clearance station, which is excerpted below.

If you have had money seized by customs call our office at  (734) 855-4999 or CONTACT US BY CLICKING HERE to speak to a customs lawyer. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, and Philadelphia.cbp money seizure

NASSAU, Bahamas—U.S. Customs and Border Protection reminds travelers of the requirement to report currency amounts of $10,000 or more to CBP when traveling to or from the United States.

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 (note: like the money seizure story HERE). If travelers have someone else carry the currency or monetary instrument for them, they must file a currency report for the entire amount with (note: like the structuring story HERE). Failure to report may result in seizure of the currency and/or arrest.

“The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer,” said Robert Allen Smith, area port director for Nassau Preclearance.

There’s a lot of great reasons why you should hire our firm, but one of them is that we know the law: you may not know the law, and oftentimes, as this article shows, customs does not know the law.  Annoyingly, this CBP news release, like many, gets the law wrong. 31 USC 5316(a)(1), the law that gives CBP the authority to seize money and monetary instruments which are not reported, clearly says that a report is required if only if “more than $10,000” is transported, not $10,000 “or more”.

Having an attorney is especially important if more than one person was travelling and the seizure was of cash, there are allegations of smuggling, or structuring, or if you experienced a lengthy dentetion or questioning at the time of seizure. We handle this and many other types of cases, which we publish the results of here.  Read our popular article on responding to a currency seizure by clicking HERE.

Please read these other articles about money seizures by customs:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

 

CBP Seizes More than $1 Million in Currency

This is a news release from U.S. Customs & Border Protection involving a currency seizure and the arrest of the people who smuggled the currency in their vehicle. The fact of the arrest means that there is a fair chance that the individuals were involved in some sort of illegal activity. We typically handle cases for the seizure of money at the airport by customs where there is no arrest because there is no apparent connection to illegal activity at the time of seizure. You should read our popular page on Responding to a Customs Money Seizure. Let’s have a look at this story, and a picture of the cash seized by customs:

The . . . seizure occurred on Dec. 7, at the Hidalgo-Reynosa International Bridge after CBP officers working outbound operations selected a tan 2010 Ford Fusion for inspection. The driver, a 29-year-old female United States citizen from Pharr, Texas and the 63-year-old male passenger, a Mexican citizen from Reynosa, were referred for a secondary inspection.  During the course of the secondary examination, Officers discovered packages of unreported U.S. currency secreted within the Ford sedan. CBP-OFO removed and seized 21 packages containing a total of $255,361 of U.S. currency that was allegedly headed into Mexico without being reported.

money seizure by U.S. customs

CBP Field Operations arrested the . . . individuals who were ultimately released to the custody of Homeland Security Investigations (HSI) agents for further investigation. CBP-OFO also seized all the vehicles involved in the failed smuggling attempts.

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.

CBP’s Hidalgo/Pharr/Anzalduas Port of Entry is part of the South Texas Campaign, which leverages federal, state and local resources to combat transnational criminal organizations.

Again, Customs gets it wrong here when they say “$10,000 or more” must be reported; it is “more than $10,000”. A slight difference, but a difference nonetheless.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today (Responding to a Customs Money Seizure HERE).If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). 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 customs currency seizures:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

U.S. Customs Seizes $69,000 in Cash at Preclearance Station from Traveler

Did you know U.S. Customs & Border Protection has preclearance stations in numerous foreign countries (link)? Did you know that if you fail to report currency at these preclearance stations it will be seized from you just as though you were going through U.S. Customs on U.S. soil? It’s apparently true, and here’s the story of a lady who had almost $70,000 seized for failure to report currency in excess of $10,000 while leaving the Bahamas destined for Fort Meyers, Florida.

NASSAU, Bahamas—U.S. Customs and Border Protection officers at the Nassau Preclearance facility discovered $69,739 in undeclared U.S. currency inside a traveler’s carry-on and checked luggage. The Royal Bahamas Police Force took custody of the traveler and the currency.Keep Calm and Declare Monetary Instruments Exceeding $10,000 USD

On Nov. 24, CBP officers encountered a 51-year-old female U.S. citizen traveling to Fort Myers, Florida. The subject was referred for a secondary baggage exam after Nassau Airport Authority Security alerted to a large sum of money inside a piece of checked luggage. During the baggage exam, CBP officers discovered several envelopes addressed to multiple people containing U.S. currency. The subject only reported $900 on her declaration and when questioned reaffirmed to CBP officers that she was traveling with less than $10,000. The traveler failed to formally report the money to CBP resulting in the seizure of the currency.

“This seizure is an excellent example of the cooperative working relationship U.S. Customs and Border Protection has with Nassau Airport Authority Security, who notified CBP of an anomaly in a bag,” said Robert Allen Smith, area port director for Nassau Preclearance. “CBP officers provided the traveler with multiple opportunities to accurately report all currency in her possession; however, she failed to comply with the reporting requirements. The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer.”

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.

It’s a somewhat intriguing for this customs lawyer, because 31 USC § 5316 requires that a “person . . . shall file a report . . . when the person . . . knowingly transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time . . . to a place in the United States from or through a place outside the United States”. The implementing regulation, 31 CFR § 1010.306, states that the report shall be filed “at the time of entry into the United States or at the time of departure . . .  from the United States, unless otherwise specified . . . .” At the time the regulation was drafted I don’t think the preclearance stations were contemplated. Thus, there might be a thin argument that there was no failure to report… but this is just me shooting from the hip. I haven’t done any time researching the issue and it should not be relied on anyone as legal advice.

Our customs law firm handles currency/money seizures made by customs in Detroit and around the country; call (734) 855-4999 to consult with a customs lawyer today (you can read our popular page on Responding to a Customs Money Seizure HERE).If you have had money seized by Detroit CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). 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 customs currency seizures:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

Customs Seizure & Penalty for Counterfeits and Uncertified Engines

Importing is a tricky business that presents a trap for the novice. You may think you can import merchandise that can be used to make a few quick dollars on because of a high profit margin. The story below falls into that category.

This person attempted to import 300 Wii controllers, 400 USB convertors, and 200 small motorcycle engines. If successful, there was some money to be made. But the problem was the Wii controllers and USB converters were counterfeit, and the 200 small motorcycle engines lacked an important EPA certification.

The consequences? Customs seized the counterfeits and the small motorcycle engines are an importation contrary to law because of the failure to have certification by the EPA.

PORTAL, N.D. — U.S. Customs and Border Protection (CBP) officers recently targeted a rail container at the port of Portal, North Dakota. In February 2014, CBP officers inspected the rail container and discovered merchandise that violated multiple laws and regulations. The merchandise consisted of approximately 300 counterfeit Wii remote controllers, 400 counterfeit USB converters and 200 small motorcycle engines that were not certified by the U.S. Environmental Protection Agency (EPA).

CBP determined that the trademark was counterfeit on the Wii remote controllers and USB converters. As a result, CBP seized those items. The counterfeit merchandise had a Keep Calm and Contact Your Customs Attorneymanufacturer’s suggested retail price of $20,800. In addition, CBP seized the small engines that were found not to be certified, as required by the EPA. The manufacturer’s suggested retail price for the engines was $16,400.

“CBP continues to play a key role in Intellectual Property Rights enforcement,” said Brent Beeter, the Port Director in Portal. “CBP continues to stay focused on combating the illegitimate trade in counterfeit products.”

Stopping the flow of illicit goods is a Priority Trade Issue for CBP. The importation of counterfeit merchandise can damage the U.S. economy, and threaten the health and safety of the American people.

With the growth of foreign trade, unscrupulous companies have profited billions of dollars from the sale of counterfeit and pirated goods. To combat the illicit trade of merchandise violating laws relating to intellectual property rights (IPR), trademark and copyright holders may register with CBP through an online system. Such registration assists CBP officers and import specialists in identifying violative merchandise.

CBP’s IPR enforcement strategy is multi-layered and includes seizing violative merchandise at our borders, pushing the border “outward” through audits of suspect importers, cooperating with our international trading partners, and collaborating with industry and governmental agencies to enhance these efforts.

Many fail to grasp the importance of customs seizing counterfeit or uncertified merchandise. The reason might be a failure see the harm that it causes to the owner of the trademark, by confusing their purchasers and destroying a reputation for quality, or just not caring about the consequences in quest for making themselves some money. To those and others, I say: Consult a customs attorney who is well acquainted with the laws enforced by the customs service and who can judge the legality of the transaction, even getting advice from customs in advance.

You might be facing penalties from customs for importing counterfeit trademarked merchandise or for importations contrary to law. We can help. You can pay the penalty or, as we recommend, file a petition for mitigation to ask for a reduction in the penalty. Once the notice of penalty is sent, the recipient has either 30 days to pay the penalty or file a detailed petition arguing the legal bases for further mitigation (reduction) or cancellation of the penalty. We recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full. Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).

If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, 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 petitions for customs penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

 

 

U.S. Customs Money Seizure Story; $145,000 Confiscated

Below is a news release concerning a customs currency seizure of more than $145,000 for failure to report and bulk cash smuggling (concealing money in cellophane bundles wrapped inside a shopping bag is predictably ripe for allegations by customs of bulk cash smuggling). 

Based on the fact that the woman was arrested and the the prevalence of drug money seeping across the U.S.-Mexico border, it seems highly likely that something illegal was happening here. However, innocent people who simply failure to report the amount of currency they are transporting get their currency seized and confiscated by customs everyday at airports and land borders. These people can get their money back with the if they follow the right steps to respond to their currency seizure.

Even though this person was arrested, they have the right to try to get the money back by proving legitimate source and legitimate intended use. The CBP news release also correctly states the person can petition to have the seized money returned, but there are other options, too: a claim could be filed which initiate judicial forfeiture of seized currency, and I occasionally there are cases where making an offer in compromise makes sense.

On to the full story:

EL PASO, Texas – U.S. Customs and Border Protection (CBP) officers and U.S. Border Patrol agents working at the El Paso port of entry seized $146,070 Thursday evening. The money was hidden in a shopping bag inside a vehicle that was leaving the U.S. at the Bridge of the Americas international crossing at the El Paso port of entry.

CBP officers and Border Patrol agents were conducting a southbound inspection operation at the BOTA crossing when a 2011 Dodge Durango attempted to leave the U.S. at approximately 11:15 p.m. CBP personnel selected the vehicle for an intensive examination after a preliminary interview with the driver. CBP currency detector canine “Nouska” searched the vehicle and alerted to a bag inside the vehicle. CBP officers and Border Patrol agents found three cellophane wrapped bundles inside the bag. The bundles were opened revealing the U.S. currency. CBP officers seized the currency. CBP officers dicovered [sic] three bundles of currency in a vehicle leaving the U.S. at the El Paso port of entry.

CBP officers took custody of the driver, 40-year-old Jennifer Guadalupe Hernandez, a U.S. citizen residing in El Paso. She was arrested by U.S. Immigration and Customs Enforcement HSI special agents in connection with the failed smuggling attempt and booked into the El Paso County jail where she is being held without bond.

“CBP officers and Border Patrol agents are checking southbound traffic everyday trying to stop guns, ammunition and unreported currency from being smuggled out of the country. Their diligence paid off in this enforcement action,” said Hector Mancha, U.S. Customs and Border Protection El Paso port director. “The unreported cash that we seize has an impact on the criminal organizations by making it more difficult for them to further their illicit activities.”

Individuals are permitted to carry any amount of currency or monetary instruments into or out of the U.S. 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. 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.

We handle currency seizure cases that occur at the Detroit airport and land border crossings like the Detroit/Windsor-Tunnel and Ambassador Bridge on a regular basis, and have been very successful in getting our client’s money back from customs.  If you have had money seized by Detroit CBP/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:

  1. Seizure of currency and monetary instruments by U.S. CustomsKeep Calm and Declare Monetary Instruments Exceeding $10,000 USD
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures

Customs Currency Seizure; Criminal Charges for Bulk Cash Smugglers

U.S. customs effected a currency seizure of unreported currency under the bulk cash smuggling laws from citizens of the Dominican Republic and United States, who are all related and travelling together.  Some interesting things to note about this story is that although the money seems to be from a legitimate source because the story says it was from a business, criminal charges were nevertheless brought against all individuals involved in the bulk cash smuggling. Bulk cash smuggling is illegal, no matter the source. We have written articles about bulk cash smuggling before HERE.

SAN JUAN, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $53,000 in unreported currency Friday, transported by three passengers boarding the M/V Caribbean Fantasy ferry departing to Santo Domingo, Dominican Republic.

CBP Officers selected Dominican Republic citizen Mr. Felipe Alvarez, 69, for examination and explained to him the currency reporting requirements.  During the interview, Mr. Alvarez declared to be traveling alone and transporting less than $10,000. Intensive examination revealed that he was traveling with two other passengers, US citizen Manuel De La Rosa, 47, and Dominican Republic citizen Cristian De La Rosa, 35, both nephews of Mr. Alvarez.

Subsequent interview and exam of the three passengers revealed non reported currency within their clothing and in their carry-on items totaling $53,726.00. Mr. Alvarez later admitted that the money transported by him and his nephews were proceeds of his business in the Dominican Republic.

The currency was seized under bulk cash smuggling laws and Assistant AUSA Olga Castellón approved criminal prosecution for the three individuals.

Those arrested were remanded to the custody of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) for processing and further investigation.

“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.

Source: http://www.dominicantoday.com/dr/local/2013/1/28/46527/US-agents-seize-US53000-from-local-man-at-San-Juan-Seaport

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:

  1. Seizure of currency and monetary instruments by U.S. Customs
  2. Seizure for bulk cash smuggling into or out of the U.S.
  3. Structuring currency imports and exports
  4. Is it $10,000 per person?  Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
  5. Criminal & civil penalties for failing to report monetary instrument transportation
  6. Is only cash currency subject to seizure by Customs?
  7. How do I get my seized money back from customs?
  8. Getting money seized by U.S. Customs back while staying overseas
  9. How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
  10. Targeted Enforcement for Customs Money Seizures