Money Confiscated at the Niagara Falls Border

[Freightman]

I have always been under the impression that the total amount of cash in the vehicle is the amount which will either exceed or not exceed the threshold, regardless of who is carrying it. It sounds like they did declare the total amount.

2 unrelated parties, 1 with 9500, the other with 8500, cross the border. If the amounts are legitimately the amounts of both parties, no declaration us required. Really good idea to have bank receipts showing source if funds in order to avoid the pickle that OP was in. The amount of money in the car, in this case, is if no legal relavence.

2 related parties, husband and wife, residing at the same address - in other words, a family unit, cross the border, one with 9500, the other with 8500, absolutely requires a declaration. The amount of money in the car, in this case, is legally relavence.

[Freightman]

I think the issue is that they fumbled up disclosing to the officer in the first place. This couldn't have gone as "clean" as in the OP's post. Once that red flag goes up and reasonable doubt workable, they go straight into protocol.

I could see the officers head as the OP tried to tell him the story of the "borrowing" with his friends lol.

They would have now broken the law in this case, if an inspection was done. There should be a reasonable expectation of getting almost all funds back unfpder original scenario presented. Under your speculative approach, I would expect far harsher penalties, if caught.

DONT SCREW WITH CUSTOMS.

[Jabberwocky]

I agree with Freightman's advice- I think they were actually quite nice to you by making it administrative rather than criminal. The instructions on the form (not sure if you actually filled one) deals with money carried or "in some other way sent as cash". Splitting money between travelers, though sometimes honestly done, is the most common way of evading the threshold. Borrowing money from you by a friend, which leaves you just $500 below the threshold made it even more suspicious. If you can pay a penalty and get any money back, consider yourself lucky.

The reason it went the administrative route is that they knew they didn't have enough evidence to prove criminal intent. "Administrative" means they're trying to jack you around. Threaten them with legal action and watch them knuckle under.

[Banker]

Threaten them with legal action and watch them knuckle under.

It is not easy to sue the Federal Government. The whole amount of money will not be enough for the legal fees for a lawsuit. A lawyer writing up a letter and making communication on his behalf will be more economical.

[Freightman]

The reason it went the administrative route is that they knew they didn't have enough evidence to prove criminal intent. "Administrative" means they're trying to jack you around. Threaten them with legal action and watch them knuckle under.

Pardon me for saying so, clearly no one here seems to have a grasp of what constitutes administrative action. Money was seized. This was an administrative action. There are different levels if administrative enforcement action which depend on the severity of the infraction. This means that the penalty for non declaration will range from 2-3 hundred dollars up to full seizure of funds.

This is not civil asset forfeiture. These are penalties for non disclosure. Customs doesn't care how much you're carrying as long as its declared, and that they are satisfied that source if funds is not from criminal activity. Naturally, the more you carry will subject to you higher levels if questioning.

[Exoter175]

Pardon me for saying so, clearly no one here seems to have a grasp of what constitutes administrative action. Money was seized. This was an administrative action. There are different levels if administrative enforcement action which depend on the severity of the infraction. This means that the penalty for non declaration will range from 2-3 hundred dollars up to full seizure of funds.

This is not civil asset forfeiture. These are penalties for non disclosure. Customs doesn't care how much you're carrying as long as its declared, and that they are satisfied that source if funds is not from criminal activity. Naturally, the more you carry will subject to you higher levels if questioning.

110% right with emphasis on on the higher levels of questioning.

Been there, done that, not an enjoyable amount of scrutiny, which is why I like A. Checks B. Direct Deposits C. Wire/ACH transfers, and D. Not having to carry massive sums of what EVERY career enforcement officer is going to pray ends up being a "Catch" for them.

[Freightman]

i don't have a remedy for the op's current situation but looking forward, although i'm not a fan of big banks, the 3 largest u.s. banks have over 16,000 branches throughout the country. surely one or more would be in the most popular casino locales. it is also fairly easy for a canadian citizen to open a u.s. bank account. a person may not be able to obtain the large sums of cash the op indicated on a daily basis but nonetheless these 2 links might be helpful to him or others. i never did my business this way, so i don't know for sure, but i would guess that because these banks are near casinos they might allow larger than average cash withdrawals.

https://www.usatoday.com/story/money...ches/16648133/

http://btr.michaelkwan.com/2007/10/0...adian-citizen/

Another option for Canadians. If you have accounts at Toronto Dominion or Royal Bank (probably others)

Attached to my RBC accounts is a USD savings account - clearly Canada based. I also have a USD account with RBC USA. This account is US based. I can access, from my IPad, both the Canada and US based USD accounts, and can transfer money freely between the two. Further, on the US based USD account, I have both a debit and USD credit card, which can obviously be accessed online. The credit card attached to my USD based account has my first and middle name only, which has its uses.

Downside is a very low number of US based brick and mortar locations. Upside are ATM locations anywhere, with many bank names with no fee arrangements.

[Gronbog]

Been there, done that, not an enjoyable amount of scrutiny, which is why I like A. Checks

Checks (cheques for us Canadians) also count, as do bank drafts. I believe that the wording of the regulations is something like "monetary instruments".

[Freightman]

Checks (cheques for us Canadians) also count, as do bank drafts. I believe that the wording of the regulations is something like "monetary instruments".

Not sure about cheques made out to an individual - don't think so. I would ask at the border point to make sure. However, cheques made out to bearer or cash are for sure declarable.

[Freightman]

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.

[Banker]

Not sure about cheques made out to an individual - don't think so. I would ask at the border point to make sure. However, cheques made out to bearer or cash are for sure declarable.

Correct. Checks made to an individual is not monetary instrument. An easy way to remember what "monetary instrument" is to think of it as something that ANY one can use such as cash, unnamed checks or money orders. A gray area is casino chips. It could be argued that anyone can cash them or it could be argued that only player known to the casino can cash them. I would lean into considering them monetary instrument.

[ZenMaster_Flash]

Travelling internationally, I have used this
precise same strategy with customs agents.

American, British, Canadian, and South American
Customs Agents, I can vouch for relaxing upon
seeing (hard copy) bank receipts.

[Exoter175]

Checks (cheques for us Canadians) also count, as do bank drafts. I believe that the wording of the regulations is something like "monetary instruments".

You are correct, I brought that up for means of something like an interdiction stop which works very similarly. Matter of fact, I love keeping the receipt of transactions if I withdrawal from the bank, as well as the bands from the cash which keep date, time, and location on them as well. Just as a precaution.