So a buddy of mine got stopped with 50k at the airport because it smelled like "marijuana" . It was bs and it was more of a so called "random" , which is bs as well. Anyway they took his money and he has to go to court for it. What should he be expecting? And what type of tax/penalty tax will he be paying? Any help would be appreciated. He's in a tight situation. Thanks in advance.
Money Consfiscated At Airport?!
- Thread starter STACKB
- Start date
droopy107
Well-Known Member
If by accounted for you mean it was a governmentally legit movement, no problem then. But I'm guessing by the fact that he's wondering about the penalties, that in one way or another, it wasn't. In which case, i'm going to have to agree with rocknratm.
BarnBuster
Virtually Unknown Member
From cbp.gov website
If a person or family fails to declare their monetary instruments in amounts of over $10,000, their monetary instrument(s) may be subject to forfeiture and could result to civil and criminal penalties.
Form that should be filled out FYI
http://www.fincen.gov/forms/files/fin105_cmir.pdf
They may consider this an attempt at money laundering as well under PA..
Sec. 5332. Bulk cash smuggling into or out of the United States`(a) CRIMINAL OFFENSE-
If a person or family fails to declare their monetary instruments in amounts of over $10,000, their monetary instrument(s) may be subject to forfeiture and could result to civil and criminal penalties.
Form that should be filled out FYI
http://www.fincen.gov/forms/files/fin105_cmir.pdf
They may consider this an attempt at money laundering as well under PA..
Sec. 5332. Bulk cash smuggling into or out of the United States`(a) CRIMINAL OFFENSE-
`(1) IN GENERAL- Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b).
`(2) CONCEALMENT ON PERSON- For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual.
`(b) PENALTY-`(1) TERM OF IMPRISONMENT- A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years.
`(2) FORFEITURE- In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section.
`(3) PROCEDURE- The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act.
`(4) PERSONAL MONEY JUDGMENT- If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture.
`(c) CIVIL FORFEITURE-`(1) IN GENERAL- Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States.
`(2) PROCEDURE- The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.
`(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE OFFENSE- For purposes of this subsection and subsection (b), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense.'.
Guys, I completely understand the correct way of doing things and im sure he does, and we all know as well. Point is it already happened, and more looking for a response from someone whos been in the same situation or know a friend who has. They are not keeping the money. They are ready to return it after many court hearings. He just wants to know what to expect back , will they take half the money? 1/4 of it, etc..
BarnBuster
Virtually Unknown Member
What's his attorney telling him?
BarnBuster
Virtually Unknown Member
Does attorney specialize in this kind of asset seizure?
another link from a firm that does this;
http://greatlakescustomslaw.com/responding-to-a-customs-currency-seizure/
Perfextionist420
Well-Known Member
This is a question for his lawyer and accountant, far too many variables to predict an outcome. And if the attorney doesn't know then hire a better one
Vincent VonBlown
New Member
What makes you think they are willing to give it back?
You've stated something about they are willing to give it back, but only after you go through a bunch of court?
Doesn't sound like they are willing to give it back.
You've stated something about they are willing to give it back, but only after you go through a bunch of court?
Doesn't sound like they are willing to give it back.
doublejj
Well-Known Member
Anyone I know (2 people) that had cash seized, never saw a penny returned. They threatened to turn it over to the IRS for investigation, or just let them keep it. This is one of the ways they pay their rent.
Good luck, my money says they never see it again, or worse, they initiate a full blown IRS audit.
Good luck, my money says they never see it again, or worse, they initiate a full blown IRS audit.
Figong
Well-Known Member
Forfeiture, as in 100% of it could occur depending on how quickly they want to put an end to it.
ricky1lung
Well-Known Member
I bet he's saying "I can get you off but it will cost around 50k"
colonuggs
Well-Known Member
No, it is not illegal to have that amount of money on you, but unless you can prove that you acquired that money from a legitimate means you can lose that money to the government.
It is called asset forfeiture. It normally occurs during a routine traffic stop. If police discover a large amount of cash (with or without the presence of drugs) they can and often do seize the cash. This becomes a problem for you because while under our constitution a person accused of a crime is never required to prove that they are not guilty , it is always the burden of the state to prove the guilt of an accused beyond a reasonable doubt, this is not true in asset forfeiture cases.
If the police seize your money, the district attorney then gives you a notice of seizure. If you fail to respond to that within ten days you can and often do lose the money. If you respond timely then another series of legal petitions and answers are required and most people fail to file the appropriate paperwork to get the money back timely. Only a lawyer well versed in asset forfeiture law can really help you. It is a catch 22 because in order to get the money back you have to first admit you are the owner, this often implicates people in a crime if they cannot show that it was derived from legal means.
The burden becomes yours (which appears unconstitutional) to request a hearing and to then show that the money is yours form legal sources. The police often seize money even cars even without the presence of drugs under this theory. If drugs are present and money is not the police argue that the drugs have not been exchanged for money yet. If the large amount of money is present but drugs are not the police then argue that the money is the product of an illegal transaction (the prior sale of drugs). Unless you can show through bank statements, casino winnings, or pay stubs that the money you are carrying is yours from a legal source I highly recommend you not carry large amounts of cash on your person or in your car, and do not keep large amounts of cash in your home.....Dont fly with large amounts of money
Figong
Well-Known Member
What's in bold is only accurate if it's under 10000 dollars. Anything over 10000 has to be declared and the shit starts to fly.
doublejj
Well-Known Member
I know someone who was stopped in NY state for driving with Cali license plates. They siezed $32,000 in cash. When inquires were made about returning the money, the NY DA requested ID information (ss#'s, bank account #'s) of where the money came from. Their attorney said it was best to just forfit, might cost $25,000 to get it back.
Figong
Well-Known Member
Generally it is, they expect if you're running around with that kind of money that it's not 100% of it, and will make you jump hoops, run through months and months of red tape in court, and your attorney (if you get one good enough to try to save any bit of it) may get most of the $ you'd save otherwise. I agree on this one.