Seizure Archives - Page 9 of 10 - Customs & International Trade Law Firm

How I Helped Release $2.5 Million Stuck in Customs

Before beginning a career in international trade, I did not ever stop to think that the t-shirt I was wearing or dishes I was using were likely made elsewhere, and went through a long complicated logistics supply chain in order to reach my local store. Little did I know that when anything goes wrong in that complicated supply chain, it would be my job to help. Recently, a client had over 2.5 million dollars worth of electronic merchandise on hold by U.S. Customs and Border Protection (Customs) for alleged intellectual property rights violations. In plain English, Customs was under the impression my client was trying to import goods with trademarks or logos they did not have the authorization to import.

For this client, this was a lot of money at stake, and it could have put them out of business if we did not come up with a quick solution. Instead of thinking of the band aid type solution, to solely fix this issue, we came up with a compliance plan for the client to use going forward, that would also help solve the current issue.

The compliance plan involved both a short term and long term solution. In the short term, the goal was to have the 2.5 million dollars worth of merchandise released ASAP. To accomplish this goal, we had to prove to Customs that our client had the appropriate authorization from the relevant trademark holders. (Good time for you to check over your trademark licenses, are they all […]

By Jennifer Diaz|2022-07-08T16:34:26-04:00February 21, 2012|Detention, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

U.S. Customs & Border Protection Seized My Goods – Oh No!

U.S. Customs & Border Protection (CBP) seizes merchandise EVERY day (and there is a LOT you can do to get your merchandise back!). Check out the latest 2011 stats on intellectual property rights enforcement and seizure statistics.

What some don’t know is the merchandise does NOT even have to be destined for the U.S. for CBP to seize it. Yes, it’s true. CBP detains and physically inspects cargo daily. CBP is supposed to issue timely detention notices and the detention notices are supposed to include the specific reason for the detention, anticipated length of the detention; nature of the tests or inquiries to be conducted; and nature of any information which, if supplied to U.S. Customs may accelerate the disposition of the detention. I wish I had a dollar for every importer that told me they never received one, or where the rationale for detention was blank, or said IPR (intellectual property rights)!

I am often retained by client’s just to get CBP on the phone to find out WHY the goods are detained. As with everything in life, it’s who you know, and who will pick up your phone call. Wish this process was different, but… typically, it isn’t.

Bottom line, if you hire someone to assist you with this process, ensure they know the internal procedures of CBP, as […]

By Jennifer Diaz|2022-07-08T15:45:13-04:00February 16, 2012|Detention, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|1 Comment

Bank Account Seizures by ICE and DEA for Money Laundering

This past year has seen an explosion of seizures of bank accounts by the Drug Enforcement Administration (DEA) and the U.S. Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI) for alleged trade-based money laundering or “structuring”. In 2011, I have handled these cases in Miami, New York, San Diego, Boston, Phoenix, San Juan, and Norfolk. The funds in the bank accounts are taken when the bank is served with a Seizure Warrant signed by a United States Magistrate Judge, based upon an affidavit prepared by the DEA or ICE Agent.

Typically, the bank (and its customer) do not get to see the Affidavit because the criminal proceeding is ongoing, and the Affidavit is sealed. The Seizure Warrant itself typically alleges that the money is subject to seizure because it is the proceeds of drug activity in violation of 21 U.S.C. 881 and 18 U.S.C. 1956.

A related legal basis for the seizure of bank accounts is ‘structuring’ – the deposit of $10,000 or less in cash repeatedly in a bank account to avoid the filing by the bank of a Currency Transaction Report (CTR) with the Financial Crimes Enforcement Network (FinCen), U.S. Department of the Treasury . See 31 CFR 1010.314. A CTR is FinCen Form 104. A CTR is required to be filed by all banks whenever a deposit of cash over $10,000 is made in a single day into a single account or by […]

By Jennifer Diaz|2021-03-26T14:38:05-04:00December 30, 2011|Best Practices, Seizure|0 Comments

Recovering Your Seized Cargo from U.S. Customs

On September 8, 2011, from 2:00-3:00 p.m. EST, the Journal of Commerce will host a webinar entitled “Recovering Your Seized Cargo”. The panel experts will explain the CBP detention and seizure process, as well as the administrative petition and judicial forfeiture process.

If you have ever had your money seized by Customs for failure to declare over $10,000, had merchandise seized for misdeclaring its value or not paying enough customs duties, had your bank account seized for alleged trade-based money laundering, or had any other items detained or seized by U.S. Customs for violating another Federal agency’s regulations, you should sign up for this webinar.

The fee is only $155 for this most informative webinar taught by experts with a comprehensive understanding of the internal policies and procedures of U.S. Customs and Border Protection. A little knowledge now could save you time, frustration, and a lot of money by learning how to avoid a seizure, or when a seizure has already occurred, how to get your seized cargo back as quickly as possible.

Whatever the type of merchandise, whether it is an import or an export shipment, whether it will be sold in the United States or just moving in-transit through the United States, whether it needs a special import or export license, U.S. Customs seizes and forfeits tens of millions of dollars of merchandise every year. Download the Powerpoint presentations, and get involved in the Q&A session. Click “Recovering Your Seized Cargo” to register at the Journal of Commerce website.

By Jennifer Diaz|2021-03-26T14:38:42-04:00August 22, 2011|CBD, Seizure|0 Comments

Help! U.S. Customs Took My Money at the Airport / ¡Ayuda! La Aduana de los Estados Unidos Incautó Mi Dinero en el Aeropuerto

You may legally carry or mail any amount of money you want into or out of the United States, but if it is more than $10,000 at one time, you better first report it to U.S. Customs and Border Protection. Otherwise, you risk U.S. Customs taking it from you, and never getting it back. Why? Because your failure to report the international transportation of money is a violation of the Currency and Foreign Transaction Reporting Act.

All too often, I am contacted by a distraught American ciitizen or resident returning from a trip overseas, or a foreign visitor to the United States, who was unaware of the laws regarding currency reporting. The person was asked by a U.S. Customs officer upon arrival at the international airport if he or she was carrying over $10,000. When the passenger honestly answer “yes”, or the U.S. Customs officer believes the passenger may be lying about the amount of money being transported, the passenger and his or her luggage are examined. If over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, is discovered, and the required form, FINCEN Form 105, has not been filed with U.S. Customs, all of the money is likely to be seized on the spot by U.S. Customs.

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By Jennifer Diaz|2022-07-06T12:54:43-04:00February 1, 2010|Best Practices, Currency Seizure, Customs Expert, International Travel, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

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