Tag: unlawful structure

Dog Detects Federal Currency Reporting Violations at Dulles Airport

Posted by Jason P. Wapiennik on October 13, 2016

U.S. Customs & Border Protection uses canines to assist its law enforcement functions. When most people think of police dogs, they think of their use in detecting drugs; but they can also be used to find the presence of unreported cash.

And that is the subject of a recent story from CBP in Dulles airport when they seized nearly $75,000 from two men bound for Serbia (also apparently involved in unlawful cash structuring).

STERLING, Va. — U.S. Customs and Border Protection (CBP) officers seized a total of $73,900 from two Serbia-bound travelers for violating federal currency reporting requirements on Monday at Washington Dulles International Airport.

Neither man was criminally charged. CBP officers released the travelers to continue their journey.

CBP officers initially stopped the first man in the jetway to the airplane and asked how much currency he possessed. The man reported $1,500 verbally and in writing. CBP officers inspected his carry-on baggage and jacket and discovered four envelopes that contained approximately $50,000.

Meanwhile, CBP’s currency detector dog “Nicky” alerted to another passenger, who then claimed to be the first subject’s son-in-law. The second man reported that he possessed $7,000, but a subsequent inspection discovered two envelopes in his jacket that contained approximately $20,000.

CBP officers verified that the currency totaled $73,900 in U.S. dollars between the two family members.

In this case, the violations of the federal currency reporting laws did not lead to criminal charges, but theoretically they could be charged within 5 years due to the statute of limitations period. But as always, federal currency reporting laws mean that, even when not criminally charged, asset forfeiture of the cash by customs will still occur. In this case, CBP seized almost all of the money. To get it back, these men will have to show that the money has no nexus to illegal activity and, even if they can do that, they will still likely face a loss of at least 50% of the money; CBP’s guidelines for structuring and bulk cash smuggling are far more stringent than their guidelines for a failure to report.

The Loudon Times-Mirror reported on the same story, and added that the dog, Nicky, is a Malinois dog, and that CBP returned $1,500 to the men and released them to continue their trip, which is generally called a “humanitarian release” by CBP.

Have you violated the federal currency reporting regulations?

If you violated the federal currency reporting regulations, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

CBP Seizes Structured Cash at Dulles

Posted by Jason P. Wapiennik on October 4, 2016

CBP Dulles seized over $23,000 that was unlawfully structured and not reported. Below, the story from CBP, explains that the a man was leaving the United States for South Africa and reported only $9,000, when he really had more than $13,000. This is the second recent story about a cash seizure at Dulles for from someone traveling to South Africa.

To make matters worse, CBP discovered that he was traveling with his sister, who was carrying another $10,000 for her brother. At Dulles airport, a structuring offense means a hefty penalty even if legitimate source and intended use of the documentation is presented.

Here are the interesting parts of the story, as told from the perspective of CBP Dulles:

STERLING, Va. — U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized over $23,000 from a South Africa-bound traveler on Thursday for violating federal currency reporting regulations.

During an outbound inspection, a CBP currency detection canine alerted to the carryon bags of a U.S. citizen. The man, both verbally and in writing, declared to CBP officers that he possessed $9,000; however, $13,267 was discovered in his bags and on his person. During the course of the inspection it was determined that he was traveling with his sister, a Ghanaian citizen. An additional $10,000 in unreported currency was found in her bags which the man stated belonged to him. The officers seized the $23,267, returned $667 to the man for humanitarian relief, and advised him how to petition for the return of the currency. The travelers were then released to continue their journey.

Did you structure cash seized by CBP?

If you structured cash that was seized by CBP, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

Dulles Airport CBP Took Cash from Husband and Wife

Cash Taken by CBP From Travelers at Dulles

Posted by Jason P. Wapiennik on September 27, 2016

If you’re visiting the United States or leaving the United States and have more than $10,000 cash or equivalents, you must report it to CBP or risk having it seized for failing to report it (or worse yet, risk fines and jail time). A case in point comes to us from CBP at Dulles Airport from “from two South Africa-bound U.S. citizens on [September 22] for violating federal currency reporting violations“:

During an outbound inspection, the man and wife declared, both verbally and in writing, to CBP officers that they possessed $17,500; however, CBP officers discovered a total of $27,378 on their person and in their luggage. The officers seized the $27,378 and advised them how to petition for the return of the currency. The travelers were then released to continue their journey.

So after the cash was taken, the couple was detained, questioned, and the cash counted, they were released to continue their journey.

What is a CBP detention like after cash is taken?

Typically after cash is taken by CBP, the seizure and detention takes long enough that the traveler’s cannot continue on their journey until the book a new flight (and pay re-booking fees). If husband and wife are traveling together, most of my husband-and-wife clients report that they are separated from each other and independently interrogated about the source of the cash and their intended destination, and what they intended to use the money for.

This interrogation can be done by a CBP officer or by a Homeland Security agent, depending on the situation. Customs’ is required to report the currency report violation to the U.S. Attorney’s office who is charged with determining whether or not they wish to press criminal charges, and thus determine if the violators should be arrested.

The encounters with CBP range from polite and apologetic to demeaning, rude, and aggressive; and everything else in between.

Did CBP take your cash?

If CBP took your cash, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

A picture of a CBP officer watching travelers at an airport. CBP Officers at Philadelphia International Airport seized $26,000 from a couple going to Greece for a failure to report the cash

CBP’s Big Fat Greek Cash Seizure

Posted by Jason P. Wapiennik on July 29, 2016

In Philadelphia, CBP did what you might call a big, fat, greek cash seizure, when they seized $26,000 from a couple who were leaving the United States for Greece.

The couple reported $17,000, but for some reason they did not report the other $9,000, which was found in “multiple envelopes.”

U.S. Customs and Border Protection (CBP) officers seized more than $26,000 from a Greece-bound couple who violated federal currency reporting regulations at Philadelphia International Airport Wednesday.

During an outbound inspection, the couple reported verbally and in writing that they possessed $17,000. During an inspection, CBP officers discovered multiple envelopes that contained a combined $27,052. CBP officers provided the couple a humanitarian release of $501 and seized the remaining $26,551.

Officers released the couple to continue their travel to Greece.

Why would the couple fail to report the extra $9,000 to CBP? There are some things we do not know for certain. For example, the CBP officer could have led the couple to believe they only needed to report their own money, not money they were carrying for others; they could have asked them how much money they were carrying “in your carry-on”, when the other money was stashed away in a purse. And they could have panicked.

The story says that the couple was allowed to continue their travel to Greece. Most of my clients who’ve had money seized from Customs have to re-book for another flight, because the process of counting the money and seizing results can be a substantial delay. Sometimes my client’s don’t continue to their destination even if they can, because they have no money to travel with.

I’ve had clients who’ve taken a month off work for a vacation to their homeland, only to have their money seized with no source of funds to continue on the trip until they get their cash back. When CBP seizes cash, it is very often a heartbreaking, stressful, and traumatic experience.

But we are here to help! If you want to learn more about responding to a customs cash seizure in Philadelphia or anywhere else, read our trusted customs cash seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.