Tag: reporting requirement

Dulles CBP Seizes over $350k Cash in 14 Violations

Posted by Jason P. Wapiennik on March 4, 2023

What is newsworthy about Customs seizing money at Dulles airport? Not much, really, except when it happens so frequently that even CBP begins thinking, “What’s up with all the cash seizures?”

Thus we are brought to the latest release from CBP in Dulles, wherein CBP tells the tale of the 14 cash seizures that occurred since January 15 through February 15.

The story, with some details below, explains that 6 of the violations were discovered because of a K9 police dog alert to the presence of cash, and that most of the travelers were heading to Africa.

Why so much money going to Africa? There is a large African ex-pat community in the DC area, and many carry money back home for others to support family or medical needs, for business concerns in Africa, and also, to take cash for building projects (homes).

Without further ado, here’s the story:

U.S. Customs and Border Protection officers are facing an alarming trend of travelers violating U.S. currency reporting laws after officers seized $350,918 in unreported currency since New Year’s Eve from 14 groups of international travelers at Washington Dulles International Airport.

Thirteen of the seizures with a combined total of $327,304 in unreported currency occurred since January 15.

Thirteen unreported currency seizures were from travelers departing the United States; one seizure involved travelers arriving to the United States.

Twelve (12) unreported currency seizures were recorded on travelers destined to Africa. One additional outbound and the lone inbound seizure occurred on travelers departing to or arriving from Asia. All seizures remain under investigation.

Nearly half (six) of the seizures started with an alert by CBP currency detector dog Fuzz, a three-year-old yellow Labrador.

None of the travelers were criminally charged and were released to continue their travel.

* * *

“The overwhelming majority of travelers fully comply with our nation’s laws, and we appreciate that. But this trend is very unfortunate and unexplainable considering that people may legally travel from and to the U.S. with as much currency they would like and all they need to do is simply report what they have to a Customs and Border Protection officer upon arrival or prior to departure from the United States,” said Kim Der-Yeghiayan, Acting Area Port Director for CBP’s Area Port of Washington, D.C.

You can read more about the consequences for violating the U.S. currency reporting laws, which include seizure, criminal charges, not to mention, the embarrassment of seeing your money seized, treated like a criminal, and the further problems of missing your flight and interrupting vacation plans.

Has Dulles CBP seized your cash?

If Dulles CBP has seized your cash, we urge you to call us for a consultation before considering doing it yourself. You probably will not be happy with the outcome if you do, based on Dulles’ aggressive posture in most cases. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Bags of money stuffed inside a speaker box seized by U.S. Customs

CBP discovers and seizes about $700,000 leaving for Mexico

Posted by Jason P. Wapiennik on September 14, 2017

Here is a tale of a cash seizure made by CBP in El Paso, Texas, from back in June. I’ve been sitting on this one a while due to customs law blogging being a pretty low priority due to my heavy case load. The facts are not unusual in this case: young man, driving a ordinary vehicle, denies carrying more than $10,000 in cash. Upon inspection on the ordinary vehicle, CBP finds more than a half-million dollars of cash hidden in it. It looks like it was hidden inside a subwoofer-enclosure.

Here’s the story:

Officers working at the U.S. Customs and Border Protection Office of Field Operations’ El Paso port of entry (POE) seized $689,506 in currency yesterday afternoon. The money was discovered hidden in a vehicle that was leaving the U.S. at the Ysleta international crossing at the El Paso POE.

The seizure was made Sunday evening when a 2006 Nissan X-Terra arrived at the outbound inspection station at the Ysleta crossing. CBP personnel interviewed the driver and received a negative declaration for any currency in excess of $10,000, weapons or ammunition. CBP personnel selected the vehicle for a secondary exam during which they located several bundles of currency hidden within a speaker box.

CBP officers arrested a 28-year-old male driver, of Ciudad Juarez, Chihuahua, Mexico. He was turned over to Homeland Security Investigations agents to face charges associated with the failed smuggling attempt.

Needless to say, this is a textbook example of bulk cash smuggling. I’m 99% certain this guy was up to no good, that the money had neither a legitimate source nor a legitimate intended use. As such (and even more-so because smuggling was involved), there is a infinitesimally (immeasurably, or incalculably small) small chance he could ever hope to get this money back.

This differs greatly from the types of people we love to help get seized money back from Customs. Our average currency seizure client has more than $10,000 seized either entering or exiting the country for a failure to report it, for dividing it, and occasionally for also hiding it.

Has customs taken your hard earned money?

If customs took your hard earned money, you should hire a lawyer. You should also read our trusted customs money seizure legal guide and contact us for a free cash seizure consultation by clicking the contact buttons on this page.

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

Posted by Jason P. Wapiennik on June 15, 2017

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

Posted by Jason P. Wapiennik on August 10, 2016

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

Posted by Jason P. Wapiennik on May 28, 2015

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.

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:

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

Posted by Jason P. Wapiennik on February 19, 2015

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 pages 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:

Was the search of your baggage or person constitutional?
Was the currency seizure constitutional?
Who has the burden of proof?
What is the standard of proof that must be met by the party with the burden of proof?
Does the currency seizure constitute an excessive fine in violation of the constitution?
How do the federal courts in your state/circuit interpret the currency reporting requirement?
Did you violate the currency reporting requirement?
Are you admitting you violated the law? Are you saying too much? Are you not saying enough?
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)
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?
Were there any recognized mitigating factors or aggravating factors?
Are there mitigating factors that Customs has authority to recognize even though not in a written policy?
Did you make an oral amendment of your declaration the Customs did not honor?
Are documents properly notarized?
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:

CBP Reminds Public About Currency Reporting Requirement

Posted by Jason P. Wapiennik on December 23, 2014

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:

CBP Seizes More than $1 Million in Currency

Posted by Jason P. Wapiennik on December 11, 2014

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.

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:

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

Posted by Jason P. Wapiennik on December 4, 2014

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.

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:

Customs Seizure & Penalty for Counterfeits and Uncertified Engines

Posted by Jason P. Wapiennik on August 21, 2014

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 manufacturer’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: