Tag: transfer

Reporting Money to Customs to Avoid Seizure

If you are trying to avoid having your money seized by Customs, take some advice from a customs lawyer: do not throw your money at the customs officer, swear at him, and then tell him to count himself. You will get your money seized.

While this seems obvious and not something you need the advice of a customs lawyer to figure out, apparently it is not obvious to some people who get their money seized by customs.

In the case of United States v Six Thousand, Two Hundred & Fifty Dollars, etc., in United States Currency, 706 F.2d 1195 (11th Cir. 1983), the Court had to decide whether or not someone had made the required declaration of currency being transported into the United States in a unique set of circumstances, as related below:

On February 22, 1980, at approximately 12:30 a.m., United States Customs Patrol officers (“CPO’s”) observed a vessel entering the inlet at Port Everglades, Florida. The vessel was proceeding without running lights and had no visible name or registration number. The CPO’s hailed the vessel, and  . . . Gerald Smith, identified himself as the captain and informed the CPO’s that the vessel was entering the United States from Nassau, Bahamas.

Warning Border Crossing Sign[ . . . ]

CPO Hill observed a small leather purse under Smith’s arm. CPO Hill asked Smith what was in the purse. Smith did not respond to Hill’s question, but simply took the purse from underneath his arm and clutched it in his hand. CPO Hill then informed Smith that if he was carrying more than $5,000 in currency or negotiable instruments into or out of the United States, he had to report the monetary instruments to Customs. CPO Hill also briefly explained that it was not against the law to transport currency or negotiable instruments into or out of the United States, but that it was against the law not to report the monetary instruments to Customs. Smith did not respond to these statements; instead, he simply glared at CPO Hill. CPO Hill then repeated his statements regarding the reporting requirements and asked Smith if he could examine the purse that Smith was carrying. Smith responded by throwing the purse in the direction of CPO Hill and stating that if CPO Hill wanted to know how much was in the purse, he should count it himself.

CPO Hill opened the purse and immediately observed that it contained a sizable quantity of currency. CPO Hill then advised Smith again of the reporting requirements. Smith responded with a string of obscenities directed at CPO Hill.

It turned out there was $6,250 in this man’s purse, which back then, was over the former $5,000+ reporting requirement (note: the reporting requirement is over $10,000 now). These facts leave a lot of unanswered questions. Was the Customs officer really so persistent in explaining the reporting requirements in such a chance encounter? I doubt it. And why was the man have such a bad day, and carrying a purse?

But, those are questions I may never know…. the Court only had to answer whether or not throwing the money at the customs officer (“physical presentation” in the court’s words) satisfied the requirement to file the currency report. The court determined that physical presentation of the money did not satisfy the requirement to file a currency report to avoid seizure because physical presentation is not required: filing a report is the requirement, and the two are not equal. The court also stated that the man with the purse should have filed a currency report because the seizing customs officer told him about the requirement on two occasions during the currency seizure encounter.

So, let this be a lesson to anyone transporting currency into our out of the United States; physical presentation is not enough; nor is swearing at a CBPO a good idea, especially if you’ve got some money to lose.

Smuggled Cash in Tire Seized by Customs

Not all stories about cash seized by customs have such great pictures. In September, Customs reported on the discovery of over a half-million dollars concealed in the spare tire of an automobile headed for Mexico. The cash was seized by customs. That story, and the pictures, is what follows (with my emphasis in bold):

Cash Smuggled in TireCalexico, Calif. — U.S. Customs and Border Protection officers arrested a Tecate man on Friday after discovering $654,900 in unreported U.S. currency hidden in the spare tire of the vehicle he was driving.

The incident occurred at about 5:45 a.m. on August 30th, when CBP officers, together with members of the Imperial Valley Border Enforcement Security Task Force (IV-BEST), were conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2011 Toyota Tacoma and referred the driver for further examination.

During an intensive inspection that included an alert from a detector dog and the usage of the port’s imaging system, officers discovered 24 wrapped packages of U.S. currency concealed inside the vehicle’s spare tire.

The driver, a 45-year-old Mexican citizen, was turned over to the custody of Homeland Security Investigation (HSI) agents with the IV-BEST for further processing, and was later transported to the Imperial County Jail to await arraignment.

CBP placed an immigration hold on the driver to initiate removal from the United States at the conclusion of his criminal proceedings.

CBP officers seized the money and vehicle.

It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 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.

 

This is no doubt a criminal prosecution and the person could be determined to be guilty of bulk cash smuggling and failure to report currency over $10,000, and the cash seized by customs will will be forfeited and become the property of the government. 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 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:

  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?

Arizona CBP Officers Seize $300,000 in Cash

From U.S. Customs & Border Protection:

A 35-year-old Douglas, Ariz. man was arrested Friday for attempting to smuggle $300,000 in unreported U.S. currency into Mexico through the Port of Douglas.

Customs and Border Protection officers conducting outbound inspections selected a Toyota truck, driven by Jerry Joseph Del Rio, for further inspection. When officers searched the vehicle they located seven packages of U.S. currency hidden inside of a compartment in the truck cab. The truck and cash were processed for seizure.

Del Rio was turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

CBP’s Office of Field Operations is the primary organization within Homeland Security tasked with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the United States while facilitating the flow of legitimate trade and travel. Their mission also includes carrying out border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation’s food supply and agriculture industry from pests and diseases.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures 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:

  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?

Detroit CBP seizes $271,463 in Unreported Currency

A news release from Customs & Border Protection that hits close to home, in my own Port of Detroit. Unfortunately for the people involved this story, their currency seizure did not have an outcome similar to those handled by Great Lakes Customs Law.

Detroit — On August 22, U.S. Customs and Border Protection (CBP), at the Detroit Metropolitan Airport seized $271,463 from a lawful permanent resident of the United States and his daughter, a United States citizen, after they both failed to report the currency to CBP officers.

Hekmat and Bedeel Bahnam arrived in Detroit on a flight from Amman, Jordan. They initially denied carrying $10,000 or more in U.S. currency or its equivalent in foreign currency. CBP Officers searched their luggage and discovered $271,463 in U.S. and Iraqi currency. The Bahnam’s were arrested and turned over to agents from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). They were charged with bulk cash smuggling and conspiracy and face Federal prosecution.

“You must report to CBP that you are carrying $10,000 or more in U.S. dollars or equivalent foreign currency or other monetary instruments when you travel into or out of the United States.” said Devin Chamberlain, CBP Detroit (Airport) port director. “There is no limit as to how much currency travelers can import or export. However, the law requires travelers to report when they carry at least $10,000 in monetary instruments. Violators may face criminal prosecution and forfeiture of the undisclosed funds.”

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures 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:

  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?

CBP Officers at Downtown Port Seize Almost $830,000 in U.S. Currency bound for Mexico

The cost of gas these days. Another creative smuggler, but not creative enough. CBP reports on a recent bulk cash smuggling attempt as follows:

Calexico, Calif. — U.S. Customs and Border Protection officers arrested a woman on Friday after they discovered $829,980 in unreported U.S. currency hidden in the gas tank of the vehicle she was driving.

The incident occurred at about 12:30 p.m. on August 9th, when CBP officers, together with members of the Imperial Valley Border Enforcement Security Task Force (IV-BEST), were

CBP Officers Seize 830k In Us Currency
conducting southbound inspections of travelers heading to Mexico through the Calexico downtown port of entry. Officers targeted a 2007 Honda Accord and referred the driver for further examination.

During an intensive inspection that included an alert from a currency and firearms detector dog, officers discovered 39 vacuum sealed packages of U.S. currency concealed inside the vehicle’s gas tank.

CBP officers arrested the driver and seized the money and vehicle.

The driver, a 47-year-old Mexican citizen, was turned over to the custody of Homeland Security Investigation (HSI) agents with the Imperial Valley Border Enforcement Security Task Force who transported her to the Imperial County Jail.

CBP placed an immigration hold on the driver to initiate removal from the United States at the conclusion of her criminal proceedings.

It is a federal offense not to declare currency or monetary instruments totaling more than $10,000 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.

If you have money seized and receive a notice of seizure, do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly.The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Philadelphia, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

CBP Seizes $34,685 in Unreported Currency in Puerto Rico

In another interesting news release, CBP reports on a monetary instrument/currency seizure that occured in Puerto Rico:

San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized $34,685 in unreported currency last Thursday from a passenger arriving at the Luis Munoz Marin International Airport from Venezuela.

Tetsuro Nakada, 64, of Florida, failed to accurately declare having in his possession $15,335 and seven (7) checks totaling $19,350.

Nakada provided incorrect information concerning the amount of money he was carrying to federal agents. CBP officers found an envelope with $12,000, another envelope inside a book with $3,335, and a small plastic bag with 7 checks totaling $19,350.

The currency was seized under bulk cash smuggling laws. Homeland Security Investigations (HSI ) special agents arrested Nakada and will proceed with an 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.

It’s kind of reverse engineer the facts and figure out what went wrong here. Certainly, any misreport of the amount of monetary instruments, including cash and foreign currencies, is the most classic and simplest type of violation of the currency reporting requirements. In addition to a failure to report the correct amount of money (by how much we are not told), there is potentially a violation of a bulk cash smuggling laws for “concealing” the money in the envelope and in a book. Yes, that’s really as complicated as it needs to get in terms of concealment for the government to allege bulk cash smuggling; but, as I have previously discussed in another article about bulk cash smuggling, bulk cash smuggling must also show concealment with the intent to evade the reporting requirement.

However, as we discussed in another article on what monetary instruments need to be reported, not all types of checks are subject to the monetary instrument reporting requirement. I think the risk of carrying checks, even when not in bearer form could potentially be too risky to advise any client to do because the likely result will be an allegation of a structuring violation if you are trying to use use the checks to defeat the reporting requirement.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

CBP in Southern Arizona Seizes $100K In Cash

The currency reporting requirements were designed, in part, to give the government additional abilities to catch people involved in money laundering. Wikipedia, in its article on money laundering, explains that:

Money laundering is the process of concealing the source of large amounts of money that have been gained through illegitimate means. Money evidently gained through crime is “dirty” money, and money that has been “laundered” to appear as if it came from a legitimate source is “clean” money. Money can be laundered by many methods, which vary in complexity and sophistication.

Therefore, it is with great irony that I share with you the following news release from Customs involving a currency seizure resulting from an effort to smuggle money out of the United States and into Mexico by concealing it in a box of laundry detergent.

Nogales, Ariz. —A southern California woman was arrested Saturday for attempting to smuggle $100,000 in unreported U.S. currency into Mexico through the Dennis DeConcini Port.

Customs and Border Protection officers conducting outbound inspections selected a Honda sedan, driven by Blanca Gabriela Medina, 29, of El Monte, Calif., for further inspection. When officers searched the vehicle, they located 10 packages of U.S. currency hidden in a box of laundry detergent. The vehicle and cash were processed for seizure. Medina was turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

And the best part of all, the picture:

CBP Southern Arizona Seizes 100k Cash

 

If you have money seized and receive a notice of seizure, do not decide how to respond to a CAFRA Notice without first consulting an attorney. Any mistake or error in judgment you make can cost you dearly.The Petition process is a legal process. The petition itself is and should always be a legal document, no different than in any other legal proceeding, that contains detailed factual narrative, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the criteria for remission. When the facts allow for it, our Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

If you have had currency seized and are contemplating what to do next, please make use of the other information I make available on this website or call my office at (734) 855-4999 or e-mail us through our contact page. We are able to assist with currency seizures around the country, including Philadelphia, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

CBP Currency Seizures in Philadelphia for Violations of the Currency Reporting Regulations

CBP in Philadelphia has really stepped up their news releases concerning currency seizures.  Recently, there is a new release which I quote in part below. The Port in Philadelphia always gives us the most detail in the currency seizures, making it ripe for my commentary. Thus, I have put my own emphasis in bold lettering and my comments in [brackets].

A U.S. woman learned a very difficult lesson Sunday at Philadelphia International Airport after U.S. Customs and Border Protection (CBP) officers seized $39,570 that she failed to truthfully report to officers.

The woman, who was not criminally charged [though she could have been, as I write about here], arrived from Portugal with a Portuguese friend. Both women were referred to a secondary examination after both reported possessing more than $10,000 in currency [note that though both reported over $10,000, the report still must be accurate] – the U.S. woman claimed $30,620; the Portuguese woman $20,700. During the secondary examination, CBP officers learned that $40,570 of the combined $51,320 belonged to the U.S. woman [which is a structuring violation if the money was given to her travelling companion to avoid the reporting requirement]. CBP released $1,000 to the U.S. woman for humanitarian purposes and seized the remaining $39,570. Officers advised her how to petition for the seized currency. [And she no doubt is waiting for notice of seizure and election of proceedings form. Read about how to respond to a currency seizure here.]

CBP officers also assessed a $500 mitigated currency reporting penalty to the Portuguese woman. It was one of six currency reporting penalties for a combined $3,500 in penalties that CBP officers assessed to travelers in the two-week period from July 21 to August 4.

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. [Institutionally, perhaps, but the occasional seizing agent no doubt takes some pride in their accomplishments.] However, there are consequences for failing to comply with U.S. laws,” said Allan Martocci, CBP port director for the Area Port of Philadelphia. “We hope that word of these penalties will compel these and other travelers to be honest with us and to truthfully declare what they are bringing to the U.S.”

The remaining five currency reporting penalties included:

July 29, CBP officers assessed a $500 penalty to a 37-year-old Nigerian man who reported $8,500, but officers discovered that he possessed $11,400.
July 27, CBP officers assessed a $500 penalty to a 76-year-old Nigerian man who reported $5,000, but officers discovered that he possessed $11,622.
July 26, CBP officers assessed a $500 penalty to a 53-year-old Italian man who reported $7,000 in U.S. dollars, 250 Euros and 500 British pounds. Officers discovered that the man possessed $10,071 in U.S. dollars, 1,150 Euros and 1,500 British pounds, equivalent to $13,213 in U.S. dollars.
July 23, CBP officers assessed a $1,000 penalty to a 68-year-old Italian man who officers found to have structured $24,644 between himself, his brother and his girlfriend to evade reporting requirements for possessing more than $10,000.
July 21, CBP officers assessed a $500 penalty to a 38-year-old Ghanaian woman who reported $9,000, but officers discovered that she possessed $11,870.
Privacy laws prohibit CBP from releasing their names as no subjects were 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.

If you have considered your options and decide in you want to hire an lawyer, or have other questions, please contact us by calling (734) 855-4999 or by clicking here – it’s almost never too late to get a lawyer involved. We will be happy to answer any questions you have and explain the process to you.

If you have other questions about currency seizures by U.S. Customs and Border Protection, 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?

 

$50,000 Currency Seizure at Brownsville Port

We republish below a recent money seizure by U.S. Customs and Border Protection (CBP) which was effected in Brownsville, as follows:

On June 13, 2013, CBP officers working outbound enforcement operations at the Brownsville and Matamoros International Bridge came in contact with a 1996 Ford Crown Victoria as it attempted to exit the United States and enter Mexico. The driver, a 24 year-old United States citizen from Brownsville, Texas was referred to secondary for further inspection. In secondary, a search of the Crown Victoria resulted in the discovery of six packages of bulk U.S. currency [$50,000] hidden within the vehicle.

CBP officers seized the 50k Currency Seizure Brownsville Port currency; the driver has been transferred into the custody of U.S. Homeland Security Investigations (HSI) special agents for further investigation.

“Persistence and dedication in outbound enforcement inspections are critical to our efforts of keeping undeclared currency form being exported without meeting proper reporting requirements. I commend our CBP officers for an outstanding seizure and arrest in this alleged bulk currency smuggling case,” said Michael Freeman, CBP Port Director, Brownsville.

Little detail is given, but as with we could give the man the benefit of the doubt and presume the legitimate source is the proceeds of a life insurance policy of a beloved family member; and the intended use, perhaps he was paying cash for a nice place in the American ex-pat community of Merida. That’s just my guess, and yes, I have handled stranger cases. Maye he was just hiding the money (also called smuggling) to protect it from imagined theieves as he crosses the border into Mexico.

If we assume he proves these two things, then this situation is regrettable for him and completely avoidable. But now, even if criminal charges are ultimately not filed or if he is ultimately found not guilty of a crime, he will still face civil forfeiture of the money and, if he wants it back, will have to fight for its return administratively, or in the courts.

That brings me to the next point: 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 other questions about currency seizures by U.S. Customs and Border Protection, 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?

If you have considered your options and decide in you want to hire an lawyer, or have other questions, please contact us by clicking here – it’s almost never too late to get a lawyer involved. We will be happy to answer any questions you have and explain the process to you.

Philly CBP Provides On-Site Mitigatation for Reporting Violation after Currency Seizure

Coming out of the Philadelphia airport, CBP has another news release dealing this time with a currency seizure based on a structuring violation and failure to report by U.S. Customs and Border Protection :

U.S. Customs and Border Protection (CBP) at Philadelphia International Airport assessed a $1,000 penalty to an Italian citizen Tuesday for violating federal currency reporting requirements. During a secondary inspection, the man, who arrived from Italy, reported possessing $11,700. It was later discovered that the man had given money to two co-travelers in order to evade currency reporting requirements, an illegal practice known as currency structuring. In total the cash added up to $24,644. CBP officers seized the money, issued the man a $1,000 penalty, and then returned the remaining cash back to the man.

[ . . . ]

“Customs and Border Protection officers offer travelers multiple opportunities to truthfully report their currency, but those who refuse to comply with federal currency reporting requirements face severe consequences, such as hefty penalties, having their currency seized, or potential criminal charges,” said Allan Martocci, port director for the Area Port of Philadelphia. “The easiest way to keep your currency is to truthfully report it.”

International travelers who arrive or depart the United States in possession of more than $10,000 or equivalent foreign currency are required to report all currency to CBP officers and complete a Treasury Department Financial Crimes Enforcement Network (FinCEN) form.

So Customs’ determined that man was in transporting $24,644, but he had given $12,944 to two people with whom he was traveling. As explained in the article linked above, it is illegal to structuring a transaction to avoid filing the currency reporting requirement. From the facts as narrated, it almost looks as though the man did voluntarily report traveling with more than $10,000 ($11,700), but mis-reported the amount by failing to disclose the remaining $12,994 that his “co-travelers” were carrying. I think that the argument could be made that there was no structuring violation if he did file the report; just a violation to accurately report the amount of money that was being transported. That’s a tricky, technical argument to make, though. Never put yourself in that situation.

On the bright side for this individual, he was able to get his money back on the scene – he did not have to go through the petition process, and its inherent delays, to get the seized money back. As far as I am aware, on-scene mitigation is only available to those persons who are transporting less than $25,000, and who mis-report an amount that is 5% or less in variance with the actual amount being transported. I am not sure how this case qualified for on-scene mitigation because the mis-report was greater than 5%, but this gentleman should consider himself lucky.

If you have had currency seized from Customs do not try to respond yourself but hire our firm, because we know what we are doing and have successfully handled many cases like yours. If you have questions, please give us a call at (734) 855-4999.