Tag: transport

Cash Seized by U.S. Customs and Arrest for Bulk Cash Smuggling

Posted by Jason P. Wapiennik on January 13, 2015

U.S. Customs reports on a recent customs bulk cash smuggling seizure from a Mexican national attempting to leave the United States. The money was seized and he is being criminally charged. The total amount seized from this individual was $37,181. In order to prevail on criminal bulk cash smuggling charges government must prove, beyond a reasonable doubt, the cash seized by customs was concealed in the vehicle for the purposes of evading the reporting requirement. That’s the essence of the crime of bulk cash smuggling.

Even though the currency was also seized as being involved in a bulk cash smuggling offense, there is a possibility to recover some of the money. To put it somewhat simply, first, he will need to establish that the seized cash came from a legitimate source and had a legitimate intended use. Then, the seized cash can be returned to the extent that seizure is unconstitutional: in other words, that seizure is a violation of the excessive fines clause of the U.S Constitution.

Let’s have a look at the story:

EAGLE PASS, Texas – Federal authorities at the Eagle Pass of Entry arrested a Mexican national Jan. 7, after finding a large amount of undeclared currency in his vehicle as he attempted to leave the country.

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

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

Around 3 p.m. Jan. 7, CBP officers at Eagle Pass International Bridge I, inspected a 2014 Volkswagen GLI as is departed the United States bound for Mexico. During inspection, officers discovered a total of $36,645 in U.S. currency and 7,890 Mexican pesos ($536.37 U.S.) in various locations throughout the vehicle and in the driver’s possession. Officers recovered currency totaling $37,181.

The driver, a 25-year-old Sabinas, Coahuila, Mexico man, was turned over to Homeland Security Investigations for federal prosecution on a charge of 31 U.S. Code § 5332 – bulk cash smuggling into or out of the United States.

The Office of Field Operations is the primary organization within U.S. Customs and Border Protection 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.

You can read our popular page on Responding to a Customs Money Seizure HERE. 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. 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 about money seizures by customs:

Statute of Limitations for Currency Reporting Violations

Posted by Jason P. Wapiennik on December 31, 2014

This is an article about the statute of limitations for currency reporting violations (failure to report monetary instruments over $10,000, bulk cash smuggling, and structuring); in other words, how soon after an offense is committed (or when the currency is seized) that the government must bring criminal charges against you before they are prevented by the statute of limitations. If you want to skip to that part and don’t want to learn some fascinating facts about the most intact T-Rex skeleton ever found, and how one of its discoverers was pursued by the government for allegedly failing to report a currency and monetary instruments over $10,000, scroll down to the next heading.

Currency Reporting Violations and Sue the Dinosaur

Like a lot of grown men, I was fascinated with dinosaurs as a kid. So those kind of headlines still catch my eye. The other day I came across this CNN story — a saga really — about the discovery of the “most intact T-rex skeleton ever found” back in 1990 (“Sue“). To sum things up, shortly after the fossil was discovered FBI agents, accompanied by the national guard, seized the fossil because it was, they alleged, on Indian Trust land (read: under Federal government jurisdiction). The

ownership of the dinosaur, and allegations that the people involved with the discovery had stolen and sold dinosaur fossils found on public land, were in the courts for years.

But as I read the story, I was intrigued to read that one of the people responsible for the discovery of the dinosaur “served 18 months in federal prison for customs violations” unrelated to the dinosaur discovery. I thought it must have had something to do with the importation of dinosaur fossils like happened in Detroit a few years ago, which I blogged about. But not so. Looking into the matter further, I discovered this 1996 article from the New York Times that explains the customs violations were for failing to report the transport of more than $10,000 into or out of the United States:

…Mr. Larsen was convicted of two felonies — failure to report to American customs officials $31,700 in travelers checks he had brought from Japan, and failure to report $15,000 in cash he took to Peru.

Oops! The story basically says that, of 153 charges in a 39 count indictment brought against him by the Federal government, these currency reporting violations and some misdemeanors related to the sale of fossils valued at less than $100 is what stuck. In the context of the fiasco about the dinsoaur bones, winding up getting criminally charged with failure to report currency being transported in excess of $10,000 seems kind of ridiculous, doesn’t it?

What’s the statute of limitations of currency reporting violations?

This story was just the occasion for me write about the statute of limitations for currency reporting violations (failure to report, bulk cash smuggling, and unlawful structuring that often result in currency seizures). The statute of limitations for currency reporting violations under 31 USC §§ 5316, 5324 and 5332 is found in 18 USC § 3282(a), which states:

Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.

That means once the event giving rise to the violation has occurred, the government has 5 years from that date to bring criminal charges against you.

My customs currency seizure clients often want to know: is failing to report currency a crime? Yes, it is, and it is punishable by a fine of $250,000 to $500,000 and 5 to 10 years in jail. But I also tell them that if they were not arrested at the time the currency was seized, and the U.S. Attorney was notified and declined to prosecute you, they probably will not face criminal charges.

But just because you weren’t arrested and charged immediately still means it could happen up to 5 years later.

Keep Calm and Declare Monetary Instruments Exceeding $10,000 USD

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

CBP Seizes Currency after Admission of Structuring Violations

Posted by Jason P. Wapiennik on December 16, 2014

Lady luck, like fortune, is fickle. This man’s luck — and his casino winnings — disappeared at the border when he encountered Customs, who confiscated his winnings.

The guy had some cash from casino winnings confiscated by Customs while gambling in the Bahamas. He was en route to the United States, when he decided to break the law. Apparently fearing the unknown, he decided to divide the money up among 5 people so he would not have to file a currency report.That’s illegal structuring.

When Customs asked him why he divided up the money, he said it was so he did not have to file a currency report (FinCen 105). That’s an admission of illegal structuring. Law enforcement didn’t have to do any other work to confiscate casino winnings or hard earned money if you admit you violated the law.

Here are the details of the case of the “casino winnings” confiscated by Customs:

Nassau, BAHAMAS –U.S. Customs and Border Protection officers at the Nassau CBP Preclearance facility seized $63,851 in unreported currency from a U.S. citizen who was subsequently arrested by the Royal Bahamas Police Force, Dec. 8.

CBP officers at the Nassau Preclearance facility referred five male U.S. citizens for a secondary inspection after they each declared to be in possession of $9,000 U.S. dollars. Three men were en route to JFK and two men were en route to Newark.

Upon further questioning, one of the passengers admitted that he divided about $52,000 among his co-travelers in an attempt to circumvent currency reporting requirements. CBP officers were informed that the passengers’ currency was the result of legal casino winnings in the Bahamas. During the secondary inspection, CBP officers determined that the passenger who won the money in the casino also failed to declare the purchase of an $8,000 watch for which duty was assessed and collected.CBP officers seized a total of $63,851 in unreported currency.

“U.S. Customs and Border Protection officers provided this traveler multiple opportunities to accurately report all of his currency,” said Area Port Director for Nassau Preclearance Robert Allen Smith. “He ultimately admitted that he had divided his currency among his friends in an attempt to circumvent the law, and all of his currency was seized. The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer.”

The RBPF was notified of the false declaration and responded with interest to prosecute. The circumventing passenger was arrested by RBPF upon the conclusion of CBP seizure processing. RBPF took custody of the passenger and the evidence. The remaining four individuals were released without further incident.

So that it is, Customs confiscated the cash and then turned him over to the Royal Bahamas’ Police Force for prosecution. This is all the more of a sad story because there is nothing illegal about winning some money while gambling, and nothing illegal about bringing it into the United States. It’s very likely that this man could get the money out of Customs custody, but of course, he’ll still have to deal with the criminal charges from the RBPF.

Have you had casino winnings confiscated by Customs?

If you’ve had casino winnings confiscated by Customs you can learn more about the process from 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.

Million Dollar Week for Customs Currency Seizures

Posted by Jason P. Wapiennik on September 11, 2014

Our customs currency seizure clients typically aren’t the type of people who smuggle hundreds of thousands of dollars across the border as part of some crime (see our typical cases here), and so the amounts of seized currency we typically see don’t quite reach the proportions of these recent CBP currency seizures in Arizona that netted CBP of more than a half million bucks. If these people could prove they weren’t up to no-good by showing the money came from a legitimate source and had a legitimate intended use, then this seizure of their money was completely avoidable. Read our popular information on responding to a currency seizure by clicking HERE.

Just look at this story below: Customs Currency Seizure

TUCSON, Ariz. – One week after seizing almost half a million dollars in unreported U.S. currency at a crossing in Nogales, Arizona, port officials apprehended a 25-year-old Mexican national Sunday for failing to declare more than $190,000 when he attempted to cross into Mexico through the Port of Nogales.

U.S. Customs and Border Protection officers conducting outbound inspections at the Mariposa crossing selected a vehicle driven by Luis Yovanni De La Herran-Zamudio for further inspection and found the unreported money hidden beneath his vehicle’s rear hatch.

Officers processed the vehicle and currency for seizure, and referred De La Herran to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

On Aug. 16, officers at the DeConcini crossing seized $420,000 from a male resident of Nogales, Sonora, Mexico.

Easy come, easy go. Let’s be realistic, the currency was more than just “un-reported” as the story says: it was completely concealed (hello, bulk cash smuggling violations). And since the man was arrested, we reasonably guess there were some truly suspicious circumstances beyond just an inadvertent failure to file a currency report.

But now, even if criminal charges were not filed or if they are ultimately found not guilty of a crime they may still face civil forfeiture of the money. They will have to fight for its return administratively, or in the courts. If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Read these other articles about customs currency seizures:

Customs Currency Seizure; Criminal Charges for Bulk Cash Smugglers

Posted by Jason P. Wapiennik on June 4, 2014

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:

Customs Money Seizure; $150K Seized at Border Crossing

Posted by Jason P. Wapiennik on May 9, 2014

What follows is an account of a currency seizure recently released by U.S. Customs & Border Protection where the traveler had almost $150,000 seized because he failed to report the currency. Anyone who transports more than $10,000 into or outside of the United States must file a report with customs, prior to or at the time of crossing. When customs seizes your currency after arriving at an airport or border crossing you should keep calm and contact us. Even though it seems like the end of the world, there are legal steps that can be taken to get your money back through forfeiture remission proceedings. On to the story (ORIGINAL HERE):

Officers with U.S. Customs and Border Protection, Office of Field Operations at the Hidalgo International Bridge seized $143,932 in unreported U.S. currency from a McAllen, Texas man as he attempted to enter into Mexico.

“This seizure of unreported U.S. currency was accomplished due to our officers’ outstanding attention to detail and excellent observational skills,” said Efrain Solis Jr., Port Director, Hidalgo/Pharr/Anzalduas. “Although transporting currency either way across the border is not illegal, as long as it is declared to CBP, most seizures of currency involve money having been obtained from illicit activities.”

CBP officers working at the Hidalgo-Reynosa Bridge outbound lanes on May 6 encountered a U.S. based taxicab as it attempted to exit into Mexico. The driver and lone occupant, a 40-year-old male U.S. citizen were asked to declare what they were transporting into Mexico, to include currency in excess of $10,000. After further interaction with the passenger, the taxicab was referred to secondary for further examination. During the process of the secondary inspection, CBP officers discovered bundles of U.S. currency concealed within the traveler’s personal belongings. CBP-OFO removed and seized several stacks of unreported U.S. currency, which totaled $143,932.

CBP-OFO arrested the male traveler and subsequently released him to the custody of Homeland Security Investigations (HSI) for further investigation.

When crossing the border with cash or monetary instruments, remember to stay calm and report anything in excess of $10,000 USD.

The reason your currency was seized by customs may be different. The vast majority of my client’s have had their money taken by customs at the airport or at the land borders because of miscommunication, ignorance of the reporting requirement, confusion, fatigue from travel, and other times because of unfair, if not necessarily illegal, enforcement tactics used by customs. If you have had money seized by customs, keep calm and 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:

Customs Currency Seizure Assisted by K9

Posted by Jason P. Wapiennik on April 28, 2014

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

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

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

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

CBP K9 ‘Nicky’ detected $24k in unreported currency a traveler concealed at Washington Dulles International Airport April 21, 2014.There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in monetary instruments, which includes foreign currency.

“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges,” said Frances B. Garcia, Acting CBP Port Director for the Port of Washington. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

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

Please read these other articles from our customs law blog:

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

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

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

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

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

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

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

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

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

The reason your currency was seized by customs may be different. The vast majority of my client’s have had their money taken by customs at the airport or at the land borders because of miscommunication, ignorance of the reporting requirement, confusion, fatigue from travel, and other times because of unfair, if not necessarily illegal, enforcement tactics used by customs. If you have had money seized by customs call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

CBP at JFK Seizes $150,000 in Counterfeit Currency

Posted by Jason P. Wapiennik on March 25, 2014

Any customs lawyer will tell you that it’s better to get caught failing to report real currency than to get caught importing in counterfeit money. You will note that this (counterfeit) cash seizure occurred as a result of the currency reporting requirement. The purpose of the currency reporting requirement is to do exactly this — catch people who are bringing in illegal (in this case counterfeit) money into the United States. In this case, the law has served its intended purpose, as the following news release clearly demonstrates

Jamaica, N.Y. — U.S. Customs and Border Protection (CBP) officers at John F. Kennedy International Airport seized 1500 counterfeit $100 Federal Reserve Notes (bills) last month.

On December 14, CBP officers selected Ciara Ryan for a random baggage examination. Ryan, 38 was returning from Colombia and had two bags in her possession. The first bag was examined by officers and was found to have a strong odor of glue coming from it. Upon further inspection, CBP found alterations to its bottom; within the alterations were several suspected counterfeit U.S. $100 bills.
A black leather satchel also in her possession was examined and found to contain more suspected counterfeit bills concealed within its lining. Ms. Ryan was placed under arrest and a total of 1,500 counterfeit $100 bills ($150,000) were seized. She will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

Based on these facts, it seems fairly clear that the person transporting the counterfeit currency knew it was counterfeit; I say that because of the concealment of the counterfeit currency in a false compartment in the bag and in the lining. If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

Currency Reporting Violations and the Global Entry Program

Posted by Jason P. Wapiennik on March 6, 2014

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

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

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

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

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

If you have had money seized by customs call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog: