![]() you might also receive a “currency inventory sheet” and memorandum. ![]() If your money is seized at an airport or border crossing, the agent should give you a “Custody Receipt for Seized Property and Evidence” (Form 6051S). In addition, CBP might argue that the currency is forfeitable pursuant to Title 31, United States Code, Section 5324 for “Structuring to Evade Reporting Requirement” if two or more people are traveling together with the intent to evade the currency reporting requirement of Title 31, United States Code, Section 5316, by knowingly divided the defendant currency between themselves so that each was transporting less than $10,000. If the form isn’t filled out properly, then CBP might argue that the money is forfeitable pursuant to Title 31, United States Code, Section 5317(c)(2) for the “Failure to File Currency and Monetary Instrument Report.” The reporting requirements involve filling out a FinCEN 105 form properly. (c)(2), (c) – Structuring Transactions to Evade Reporting Requirements. ![]() The CBP notice of seizure letter will claim that property was seized and is subject to forfeiture under the provisions of (a)(1)(A) or (c)(2) for the failure/inaccurate report of over $10,000 when traveling into or out of the United States.Ĭustoms agents call these types of seizures either: “failure to report seizures” or “undisclosed currency seizures.” Sometimes agents with Customs will return a small portion of the seized money for “humanitarian reasons” and leave you with a receipt.įor cases involving people getting ready to board an international flight, the notice will allege either: Seizures are common when CBP alleges that a traveler on an international flight failed to report bringing more than $10,000 in cash. Your attorney might be able to convince the AUSA to just release 100% of the money immediately instead of filing a complaint.Ĭontact Leslie Sammis, an experienced civil asset forfeiture attorney in Tampa, FL, to learn how to get your money back after it is seized at the airport. The Assistant United States Attorney often wants to avoid filing a complaint for forfeiture, especially when they have little chance of success in court. § 5316(a)(l ), then your attorney can help you contest the action and demand a trial by jury. If the Government filed a “complaint for forfeiture” which is an in rem civil forfeiture action pursuant to 31 U.S.C. If you travel internationally in the future, then you might be subject to more frequent searches, detentions, or seizures. Contact us to find out more about the FinCEN 105 Form (formerly known as Customs Form 4790).Īfter a forfeiture action is initiated against you, a record is created by the TSA, Homeland Security, and U.S. This article explains how much cash you can carry legally either as an individual or as part of a family or group that is traveling together on an international flight. Our goal is to help you get the government to return 100% of the money as quickly as possible. No matter where the incident occurred, the attorneys at Sammis Law Firm can help you decide what to do if you are caught traveling with more than $10,000 cash into or out of the United States. Attorneys for Seizures of $10,000 in Tampa, FL Act quickly because strict and unforgiving deadlines are imposed in these cases.Īn attorney can help you obtain the video surveillance from the airport which will show how the detention occurred and if the money seized was properly counted and noted on the currency inventory sheet. If you are an attorney with a currency seizure case anywhere in the United States, we can co-counsel with you on the case. The attorneys at Sammis Law Firm can help you file a verified claim to contest the seizure during the civil asset forfeiture proceeding. If federal agents with CBP or Homeland Security Investigations (HSI) seize more than $10,000 in cash from you either before or after an international flight, then give us a call. Out of that total, $500 million was confiscated only because American or foreign travelers failed to declare more than $10,000 in cash before or after an international flight. Over the last 17 years, Custom and Border Protection (CBP) agents seized nearly $2 billion across more than 30,000 seizures at airports in the United States.
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