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FBI Seizes $77,000 From Dallas Couple at Airport

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In January, FBI agents seized $77,010 in cash from a couple traveling from Dallas to California. The man and woman say they intended to use the money to buy bitcoins. The FBI, however, believes it is drug money and has begun civil asset forfeiture proceedings against the cash.

The man and woman, who have not been named, checked their bags into their flight at Dallas Love Field. A Southwest Airlines employee noticed that the two bags—a duffel bag and a backpack—had the “pungent and distinctive” aroma of marijuana. The employee also noted that there were “wads of USD spilling out of the backpack.” A police dog then confirmed the presence of drugs on both the duffel bag and backpack.

In separate interviews, the couple confirmed that they were both traveling to Burbank to trade the cash for bitcoins. The man explained he had arranged to meet someone when they arrived and intended to fly back to Dallas within a day.

When asked how he came to be carrying such a large sum of cash, the man explained he had earned it in his job, working in the music industry. The woman said she was a lash extension technician and also sold hair to various salons. The man said he and the woman had smoked marijuana the day before. This, he explained, is the reason the money smelled.

According to the complaint for forfeiture filed in July, there were inconsistencies in woman’s story while the man appeared nervous throughout his interview. The complaint also noted that individuals carrying drug money on a flight often checked their bags so they would not be questioned at TSA checkpoints.

No criminal charges have been filed against either the woman or the man. It is legal to carry large sums of cash in the United States. Only if an individual is leaving the country with more than $10,000 in cash does that money need to be declared. Despite this, the FBI has moved to seize the cash using civil asset forfeiture. This is a legal procedure where law enforcement may take property or cash suspected of being involved in a crime. In most states, neither a criminal conviction nor even criminal charges are needed for police to take the property.

In Texas, the standard of evidence for civil asset forfeiture is much lower than it would be in a criminal case. A criminal conviction requires that evidence be “beyond reasonable doubt,” and the burden of proof lies with the prosecution. For cases of civil forfeiture, however, all that is required is “a preponderance of the evidence.” Additionally, the burden of proof lies with the owner: he or she must prove the property was not used in a crime.

According to the exchange rate in January 2018, the $77,010 would have been enough to buy 6.1 bitcoins.

Critics of bitcoin argue that it could provide criminals with the opportunity to launder money, circumventing traditional anti-money laundering laws. However, according to National Police Agency in Japan, where bitcoin is a legal currency, less than 0.17% of money laundering cases involve bitcoin. Additionally, as all bitcoin transactions are public and auditable, it is possible to track illegal activity.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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2018-07-24 FBI seizes $77,000 Cash in Texas; Owners Say It’s For Bitcoin

U.S. Government to Return Money Seized from Ohio Man

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In June, I reported on the case of Rustem Kazazi who had about $58,000 in cash seized from him at Cleveland Hopkins International Airport. The case caused outrage across the country as Rustem was never charged with a crime. His money was taken using a process known as civil asset forfeiture, a legal procedure where law enforcement can take an individual’s property or cash without criminal charges being filed.

In good news, the Department of Homeland Security has now agreed to return $57,330 to Rustem together with interest earned. However, in a lawsuit from May, Rustem said Customs and Border Protection (CBP) took $58,100 in cash. A hearing has been set for December to decide whether the federal government will have to give Rustem the additional $770.

The recent court hearing gave insight into CBP’s behavior in seizing Rustem’s cash. In order to avoid bank-related crime and poor exchange rates, Rustem had converted his family’s life savings into cash before traveling to Albania, the country of his birth. He had planned on staying there for six months. In that time, he would use the money to repair his family’s old home as well as purchase a new property.

When he arrived at the airport, agents describe Rustem as dressed oddly, wearing two pairs of pants and three jackets. According to Assistant U.S. Attorney Renee Bacchus, screeners for the Transport Security Administration spotted a “bulk mass” in Rustem’s carry-on.

Rustem was led away. Since English is his second language, Rustem had difficulty understanding what was being said. He asked for an interpreter, but his request was denied. CBP agents found the cash wrapped wax paper, plastic wrap, and tape. When asked how he got the money, Rustem explained that he was no longer working and that this was his savings.

Officers asked Rustem how much money he was carrying. He gave them several different amounts. A CBP agent unwrapped the money and photographed it. They then took Rustem’s money. CBP said they believed the money had come from money laundering, drug trafficking, and smuggling. Despite this, Rustem was not charged with a crime.

Explaining why the government is returning only $57,330, Bacchus said that this is the amount Rustem had claimed was taken when he originally filed his claim for the cash in January. Rustem had said $32,663 belonged to him and his wife, while $24,667 was his son’s money. It was only later that Rustem claimed agents had seized an additional $770.

“It would be a vain act for the Court to order the Federal Defendants to return property not in their possession,” explained Bacchus.

Rustem broke no laws in carrying a large amount of money onto a plane. Individuals must declare cash in excess of $10,000 when leaving the country, but as Rustem had a connection at Newark for his flight to Albania, he says Newark was where he had intended to make that declaration.

While the return of at least the majority of Rustem’s cash represents a success for justice, as Wesley Hottot of the libertarian Institute for Justice explains, “this case shows how civil forfeiture is inherently abusive, even when the process ‘works.’”

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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2018-08-03 U.S. Officials Contest Amount of Money Agents Seized from Parma Heights Man at Airport

Border Patrol Seizes $58,000 from Cleveland Man, Refuses to Give it Back

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In 2017, U.S. Customs and Border Patrol seized $58,000 from an Ohio man. They have not returned the money nor have they charged him with a crime.

Rustem Kazazi and his family are originally from Albania in southern Europe, where Rustem worked as a police officer. In 2005, the Kazazis moved to the U.S. when they were awarded visas through the State Department lottery program. They settled in Cleveland, Ohio. In 2010, the family became naturalized U.S. citizens.

On October 24 last year, Rustem went to Cleveland Hopkins International Airport with his wife, Lejla, and son, Erald. They were planning to visit Albania to see family, make repairs on their old residence as well as buy a vacation home.

Rustem packed $58,100 in cash in his carry-on. Since bank-related crime in Albania is rife and contractors there also prefer to be paid in dollars rather than the local currency, Rustem decided it was safer to take the money in hard currency himself. The money was wrapped in three bundles together with documentation on his family’s property in Albania and receipts showing the money had recently been withdrawn from the bank.

The money was discovered during a security check. Customs and Border Protection (CBP) officials led Rustem to a room where they carried out multiple searches on both Rustem himself and his possessions.

“They asked me some questions which I could not understand as they spoke too quickly,” explained Rustem. “I asked them for an interpreter and asked to call my family, but they denied my request.”

Despite the searches revealing no evidence of drugs or any other illegal activity, CBP took Rustem’s money. The receipt they handed him did not list the amount of cash they took. Rustem became worried the CBP was attempting to keep his money for themselves.

After waiting more than a month, Rustem finally received a notice from CBP that his money had indeed been seized. The note stated, “Enforcement activity indicates that the currency was involved in a smuggling/drug trafficking/money laundering operation.” Rustem also noted CBP claimed to have taken $57,330 in cash. This was $770 less than the amount Rustem had with him at the airport.

Wesley Hottot of the Institute for Justice explained it was common for government receipts of seized cash to be lower than the amount the defendant had with him or her at the time. Sometimes it is even thousands of dollars short, he said.

In a statement, CBP said international travelers are required to declare sums greater than $10,000 in cash before leaving the country. Failure to do so “can result in fines and could result in civil and/or criminal penalties.”

Rustem was aware of this requirement and intended to declare the money before leaving the country. The first leg of his flight to Albania went from Cleveland to Newark, New Jersey. As Newark was his customs point of departure, it is here that Rustem was supposed to declare the cash, not in Cleveland.

CBP gave Rustem several options. For example, he could abandon the money, or he could agree to take a portion of his money back if he let CBP keep the rest. Rustem and his family have decided to challenge the seizure in court.

According to federal forfeiture procedures, any civil asset forfeiture case had to be initiated within 90 days of Rustem’s reply to the CBP’s seizure notice. If no case is initiated, CBP is required to return the money to Rustem promptly. The deadline passed almost two months ago. CBP has neither filed a forfeiture case nor has it returned Rustem’s money.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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05-31-2018 A 64-Year-Old Put His Life Savings in His Carry-On. US Customs Took it Without Charging Him with a Crime

U.S. Customs and Border Patrol to Surge Agent Hires

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agents-300x169One of President Donald Trump’s often-cited campaign promises during last year’s election was the need to increase security at the border. So far in 2017, he seems to be delivering on that promise in one of the larger expenditures in his administration.

U.S. Customs and Border Protection (CBP) has been mandated to hire an additional 5,000 agents to help secure the U.S.-Mexico border. CBP currently has over 60,000 employees who are responsible for screening cargo and individuals at U.S. borders, and seizes nearly 6 tons of illicit drugs per day.

Taken from the CBP website, the agency describes itself as “America’s frontline,” but that frontline has been losing more members than it hires in recent years. The 5,000 agent surge comes at a time when CBP is struggling to meet the minimum staffing levels mandated by Congress. From 2013 to 2016, an average of 523 agents were hired, while 904 left the agency. Since the problem of retention has gotten out of hand for CBP, the agency has outsourced the hiring of the agents to a private company, Accenture. This stems from the Jan. 25th executive order signed by President Trump, in which he ordered the surge in CBP agents.

Accenture, a professional services corporation with $35 billion in revenues in 2017, was awarded a $297 million contract to help recruit and hire new agents and other workers in order to maintain the mandated staffing minimums and potentially help increase border security. The 5-year contract will see to the hiring of 5,000 agents, 2,000 customs officers, and 500 agents for the Office of Air and Marine Operations.

CBP released a statement trying to alleviate some of the skepticism about the decision to hire Accenture and to provide an explanation for the need for the new initiative. It said that several factors, including “changing generational values, the state-wide legalization of marijuana and a growing distrust of law enforcement” have made hiring more difficult. “Not unlike other major companies and organizations, we are expanding our recruiting and hiring efforts to find better, more effective ways to recruit, hire and retain frontline personnel,” CBP added.

Skeptics, however, worry about the cost and the need for such a measure. “They’re spending almost $40,000 per hire, said Alex Nowrasteh, an analyst at the Cato Institute, a libertarian think thank in Washington, D.C. Assuming the contract is fully paid and lasts the full five years, CBP will have paid $39,600 per hire, which is just below the $39,738 starting pay for a customs officer. CBP, however, has said that the cost estimate are erroneous. Nowrasteh also questions the need for the mandated minimum, as there were 1.2 million apprehensions of unauthorized immigrants in 2001, and 310,000 this year, making 2017 the lowest level of apprehensions in 46 years. The flow and seizure of illicit drugs across the border, however, has ebbed and flowed, indicating an unpredictability that remains a strong case for proponents of the hiring surge.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Source:

CBP has to hire 5,000 new Border Patrol agents. It’s paying a private company $297 million to help.

Baltimore Customs Seizes More Than $11,000 on Private Aircraft

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CBPO-300x200U.S. Customs and Border Protection (CBP) have seized more than $11,000 in unreported currency from a Nigerian man who was departing the United States aboard a private aircraft. In compliance with privacy laws, the traveler’s name has not been released because he was not charged with a crime.

According to the official report, CBP officers flagged the man for a compliance examination after discovering he had previous federal currency reporting violations. The Nigerian man reportedly failed to fill out a financial reporting form and declare the cash he was carrying as required by federal law. CBP officers found and seized $11,647 in U.S. dollars, Euros, and British pounds. The traveler was released to continue his trip once the seizure was completed.

“Chartering a private flight does not alleviate travelers from the responsibility of complying with applicable U.S. laws and regulations, including federal currency reporting requirements,” said Dianna Bowman, CBP Area Port Director for the Area Port of Baltimore, in a statement. “This seizure should remind all travelers that Customs and Border Protection border security authority covers all departing and arriving international travelers, whether on commercial or private aircraft. It is one way in which CBP contributes to our nation’s security.”

Travelers are allowed to carry as much currency as they want into or out of the U.S. as long as they report monies valued at $10,000 or greater on a U.S. Treasury Department financial form. The government does not tax the currency.

“As the nation’s border security agency, Customs and Border Protection is charged with enforcing hundreds of laws and regulations at our nation’s international ports of entry,” said Casey Owen Durst, CBP’s Field Operations Director in Baltimore.” CBP plays a critical role in helping to keep our communities safe, and it’s a responsibility that we take very seriously.”

CBP reportedly seizes almost $290,000 in undeclared currency on a typical day at various ports of entry. The agency screens millions of travelers entering the U.S. and uses a variety of techniques to intercept unreported cash, weapons, narcotics, and other illicit products.

Any property can be seized by the government if it can be connected to a crime. This includes cars, airplanes, boats, bank accounts, cash, homes, or businesses. The first thing to do once your property is seized is to hire an attorney experienced with forfeiture cases. These types of cases can take anywhere from months to years to resolve, and a misstep by an inexperienced attorney can ruin your chances of recovering your property.

Has your money been seized by U.S. customs at an airport?

If your money has been seized by customs or any other government agency, then you need to hire an attorney. Contact us to set up a free initial consultation with one of our experienced civil forfeiture defense attorneys.

Source: Baltimore CBP Seizes Unreported Currency from Nigerian Man on Departing Private Aircraft.pdf