Have Ca$h, Will Travel

         by Jena Cauley, Esq.

   

(Since many players like to play abroad, I asked Customs attorney Jena Cauley to pen this week's blog that details what can happen when you travel to foreign shores with cash.)

Image courtesy of flickr

As you enjoy your casino experience, remember to be mindful of how you transport your cash whenever you travel internationally.  You may recall that uncomfortable time when the flight attendant or cruise director distrubuted Customs forms among the passengers who are either entering or leaving the United States.  In addition to reporting requirements for any purchases you make while abroad, Customs requires you to report the transportation of $10,000 or more in currency.  While many people are aware of this requirement, most citizens are not aware of the penalties that may occur if this law is violated.  Furthermore, you may be in violation of this law even when you are transporting less than $10,000 in cash..  

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A common misconception about this law is the fact that one cannot intentionally avoid the $10,000.00 reporting requirement by carrying $9,999.99!  Taking seemingly innocent actions like this may result in severe civil and even criminal penalties.  The take-home rule of thumb when it comes to one person who is transporting cash is to either accurately report the currency that you are carrying or legitimately transport currency at a rate that does not involve any avoidance of this reporting requirement.  For example, if you are transporting $9,500.00 in cash with the intention of avoiding the reporting requirement, it is advisable to report that you are transporting $9,500.00.  If you do not report your currency, and Customs randomly inspects you and/or your luggage, then you will likely be accused of carrying an amount less than $10,000.00 with the intention of evading the reporting requirements.  Depending on the culpability level that Customs assigns to your matter, you may be able to obtain a substantial return of your currency or you may be subjected to a substantially limited return. 

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 Another misconception about this law comes into play when multiple persons decide to split transported currency so as to avoid the $10,000.00 reporting requirement. This occurs most often when a family is traveling abroad.  However, it may easily occur when friends are traveling together.  If you and your spouse are traveling internationally with $11,000.00 in cash on hand, then it is not permissible for each of you to split the currency in any manner so as to avoid the reporting requirement.  It is equally impermissible to split the currency where one person has $1,001.00 and the other has $9,999.00 as it is to split the currency where one person has $5,000.00 and the other has $6,000.00.  If you are traveling together, Customs will likely treat the communal amount of currency among you to constitute your reporting requirements.   Accordingly, if transported currency is split among two or more persons, Customs will likely claim that “Structuring” is involved which is penalized much more harshly than a simple Currency Seizure case.

Image courtesy Wikimedia

Yet another misconception about this law is that it only pertains to “cash.”  This is not the case.  Notice that the law pertains to “currency” which may pertain to cash as well as other monetary instruments such as coins and currency of the United States or a foreign country, traveler’s checks, bearer negotiable instruments (including personal checks), incomplete monetary instruments and bearer investment securities.  Accordingly, personal checks made out to “cash” and money orders also contribute to the $10,000.00 reporting requirement!  Be sure that you are accurately calculating your need to report any currency that you are transporting while being aware of any culpable avoidance of this law.

If you have any trouble with US Customs with regard to any seizure of your currency during your international travel, know that you may have substantial recourse!  First Coast Legal Group, LLC stands ready to assist you.  For example, if you failed to report the transportation of currency less than $15,000.00, it may be possible to obtain a return of your currency up to a total of $14,500.00.  If you fail to report the transportation of $70,000.00, it is possible to obtain a return of the currency up to a total of $65,000.00.  If you sit on your hands, Customs will not return any of your currency.  So, it is important to act promptly upon a currency seizure.  If you have any questions, you are welcome to contact Jena Cauley, Esq. of First CoastLegal Group, LLC at 904-598-1700.