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Thread: Money Confiscated at the Niagara Falls Border

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  1. #1


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    Money Confiscated at the Niagara Falls Border

    Hi all,

    I was hoping to get any kind of advice I could in light of the events that took place last night at the US border. Here's what happened:

    A friend and I decided we wanted to make a trip to Niagara Falls to play at Seneca for the day (both of us are Canadian citizens). When planning the trip the week before my friend told me he would love to come and if it was possible for him to borrow me US funds because he didn't have any. Friends and I who make these trips do this all the time; we borrow foreign currency from each other in order to save on the spread from currency exchanges. If my friend were to lose he would have simply given me back my US dollars or he would have paid me in Canadian at the spot rate.

    I brought 9500usd and my friend borrowed 8500usd. We let the agent at the border know exactly what we were carrying right away. We were pulled into secondary and when questioned I explained to the agent that I gave my friend the money to borrow because he did not have any USD. The border agent accused me of structuring and the funds were seized. They had my friend and I in separate rooms for over 5 hours pinning us against one another and trying to get the other to admit that one of us was purposefully trying to carry under 10k so we did not have to declare. We told them this is simply not true and that was the money we needed for the day. I have no problem declaring, in fact, I declared 12k USD on two separate occasions the week before.

    They had a "special agent" from homeland security question me. When I explained the situation to him he told me that this would be handled "administratively" and not "criminally." He said I would have to appeal to get the money back and that it was out of their hands now as the money goes to another department.

    Should I obtain legal advice to get the money back?
    "It is not when truth is dirty, but when it is shallow, that the lover of knowledge is reluctant to step into its waters"

    -Nietzsche

  2. #2
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    YES. "Lawyer up" immediately.

    I carry very large sums with me and T.S.A. agents have at times questioned me.
    For a minute or so. That is because I carry actual receipts from my bank (FCU)

  3. #3


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    Quote Originally Posted by ZenMaster_Flash View Post

    YES. "Lawyer up" immediately.

    I carry very large sums with me and T.S.A. agents have at times questioned me.
    For a minute or so. That is because I carry actual receipts from my bank (FCU)
    The amount of money you carry, intra USA, is not in the purvue if TSA. You should remind them if that fact.
    Last edited by Freightman; 05-30-2017 at 09:51 AM.

  4. #4


    1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
    You should never say that the money was borrowed from you and not HIS money.
    Two choices:
    1- You both declare that the money is YOURS. It's my money and it's his money. You have to STICK to it.
    2- The much simple way, you keep the bunch of $18,000 on you and declare it as being all YOUR money. You complete the papers and you're fine!
    G Man

  5. #5


    0 out of 2 members found this post helpful. Did you find this post helpful? Yes | No
    Quote Originally Posted by BJtoronto View Post
    Hi all,

    I was hoping to get any kind of advice I could in light of the events that took place last night at the US border. Here's what happened:

    A friend and I decided we wanted to make a trip to Niagara Falls to play at Seneca for the day (both of us are Canadian citizens). When planning the trip the week before my friend told me he would love to come and if it was possible for him to borrow me US funds because he didn't have any. Friends and I who make these trips do this all the time; we borrow foreign currency from each other in order to save on the spread from currency exchanges. If my friend were to lose he would have simply given me back my US dollars or he would have paid me in Canadian at the spot rate.

    I brought 9500usd and my friend borrowed 8500usd. We let the agent at the border know exactly what we were carrying right away. We were pulled into secondary and when questioned I explained to the agent that I gave my friend the money to borrow because he did not have any USD. The border agent accused me of structuring and the funds were seized. They had my friend and I in separate rooms for over 5 hours pinning us against one another and trying to get the other to admit that one of us was purposefully trying to carry under 10k so we did not have to declare. We told them this is simply not true and that was the money we needed for the day. I have no problem declaring, in fact, I declared 12k USD on two separate occasions the week before.

    They had a "special agent" from homeland security question me. When I explained the situation to him he told me that this would be handled "administratively" and not "criminally." He said I would have to appeal to get the money back and that it was out of their hands now as the money goes to another department.

    Should I obtain legal advice to get the money back?
    Just admit you are wrong and take whatever your penalty is. Clearly you are structuring all your money with the help of your friend. You already admitted in your first statement. Even you want to take it back, the agents won't allow you. Why would they? They already have your balls on the sliver plate you served them. They will never let them go.
    Last edited by BJGenius007; 05-28-2017 at 02:21 PM.

  6. #6


    1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
    You didn't say if you declared to Canada Customs prior to exit. If you didn't, that may well have been part of the problem, as the Canadian dollar equivalent in both sums mentioned us in excess if CAD 10k.

    If this us correct t, then your omission could well have contributed to your troubles. In your favour was the upfront declaration. Though ignorance if the law us not excusable, honesty is in your favour. There will likely be a seizure if fumes, a euphemism in this case, that your penalty will end yo being about $250 or $300 USD, though it would still be a good idea to get some legal advice.

  7. #7


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    Quote Originally Posted by Freightman View Post
    You didn't say if you declared to Canada Customs prior to exit. If you didn't, that may well have been part of the problem, as the Canadian dollar equivalent in both sums mentioned us in excess if CAD 10k.

    If this us correct t, then your omission could well have contributed to your troubles. In your favour was the upfront declaration. Though ignorance if the law us not excusable, honesty is in your favour. There will likely be a seizure if fumes, a euphemism in this case, that your penalty will end yo being about $250 or $300 USD, though it would still be a good idea to get some legal advice.
    I did indeed declare on the Canada side with myself having 9500 and my friend having 8500. I also have texts from the week prior from my friend confirming his intention to borrow.

    Sent from my SM-G920W8 using Tapatalk
    "It is not when truth is dirty, but when it is shallow, that the lover of knowledge is reluctant to step into its waters"

    -Nietzsche

  8. #8


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    Quote Originally Posted by BJtoronto View Post
    I did indeed declare on the Canada side with myself having 9500 and my friend having 8500. I also have texts from the week prior from my friend confirming his intention to borrow.

    Sent from my SM-G920W8 using Tapatalk
    You may if may not have a stamped copy of the Canadian declaration. If not, go back and request a copy of the print screen which will show the declaration. Also, a copy of the email from your friend. ThE US issue centres around structuring, which should easily be mitigated under the scenario described. Should assist you well in your endeavours.

  9. #9


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    Quote Originally Posted by Freightman View Post
    You may if may not have a stamped copy of the Canadian declaration. If not, go back and request a copy of the print screen which will show the declaration. Also, a copy of the email from your friend. ThE US issue centres around structuring, which should easily be mitigated under the scenario described. Should assist you well in your endeavours.
    All of this was sent to my lawyer in addition to the text messages showing the intention to borrow and bank statements confirming the source of the funds.

    My lawyer is confident that we will get all of the funds back with the evidence provided.

    Thanks for the advice and input it is appreciated.

    Sent from my SM-G920W8 using Tapatalk
    "It is not when truth is dirty, but when it is shallow, that the lover of knowledge is reluctant to step into its waters"

    -Nietzsche

  10. #10


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    Quote Originally Posted by BJtoronto View Post

    Should I obtain legal advice to get the money back?
    If you have to ask, the answer will always be yes.

  11. #11
    Senior Member Jabberwocky's Avatar
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    Quote Originally Posted by Exoter175 View Post
    If you have to ask, the answer will always be yes.
    Sue the bastards!

  12. #12


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    Quote Originally Posted by Jabberwocky View Post
    Sue the bastards!
    For doing their jobs? By the letter of the law?
    "Your honor, with all due respect: if you're going to try my case for me, I wish you wouldn't lose it."

    Fictitious Boston Attorney Frank Galvin (Paul Newman - January 26, 1925 - September 26, 2008) in The Verdict, 1982, lambasting Trial Judge Hoyle (Milo Donal O'Shea - June 2, 1926 - April 2, 2013) - http://imdb.com/title/tt0084855/

  13. #13


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    Quote Originally Posted by Frank Galvin View Post
    For doing their jobs? By the letter of the law?
    I would love to have your legal opinion on the matter Frank.

    Suppose I were to cross the border by declaring all the money myself and then, like I had previously intended, hand my friend the $8500. Would this not be deceptive?

    Let's complicate the matter further. My friend takes the $8500 and doubles his money. One of us now has to declare the $17000. Who would make the declaration leaving the country? If it was him, as it should be, he would have no proof of an initial declaration. If I was making the declaration do I lie and say that it's my money? Do I say that I gave my friend funds to borrow once I crossed and that I am now declaring my funds that he borrowed on his behalf? The next question from the CBA would be why are you declaring money that is not yours.

    The absurdity of these results leads me to believe that "borrowing" money from friends is not acceptable even in cases where the borrowing is legitimate.

    I do realize that anyone accused of structuring could argue that they were just "borrowing" the money. But are there no cases where this can be legitimate? Especially when "borrowing" saves us money from currency spreads?

    My friend and I had text messages confirming the intention to borrow on our phone. The source of the funds could have easily been confirmed through my banking app on my phone as well. The agent did not care to see this even when I told him I would show him.

    Sent from my SM-G920W8 using Tapatalk
    "It is not when truth is dirty, but when it is shallow, that the lover of knowledge is reluctant to step into its waters"

    -Nietzsche

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