ICE Bulk Cash Smuggling Center (Photo Courtesy Nlets)

To avoid the scrutiny of law enforcement and compliance entities, criminal organizations often transport illicit funds, including bulk cash, via the interstate system en route to destinations across the U.S. and abroad. Such organizations are increasingly using non-traditional smuggling methods to move funds into, out of and through the U.S.

The enactment of the U.S. Patriot Act criminalized the international smuggling of bulk cash under 31 USC § 5332. This bulk cash smuggling (BCS) statute makes it a crime for anyone to knowingly conceal more than $10,000 and transport or transfer — or attempt to transport or transfer — the currency or monetary instruments into or out of the U.S. Border crossing isn’t required for the purpose of evading the Customs Monetary Instrument Report (CMIR) requirement. From fiscal years 2003 to 2009 alone, Immigration and Customs Enforcement (ICE) used this statute to arrest more than 1,100 individuals for BCS violations, resulting in the seizure of more than $410 million (U.S.).[1]

ICE has adopted a three-prong approach to combat BCS:

1.   Interstate transportation, which targets large cash shipments while they are en route to the border and/or in furtherance of criminal activity;

2.   International border, where illicit funds can be concealed or commingled with legitimate commerce; and

3.   Foreign locations, when passing through foreign locations in furtherance of criminal activity.

The five border states that have reported the most currency seizures are California, Texas, Arizona, New York and Michigan. Currently, BCS methods include smuggling by passengers on buses; express consignments, parcels and mail; maritime passengers, specifically on the ferry between Puerto Rico and the Dominican Republic; freight trains; people traveling on foot; cars, SUVs and vans; and commercial trucks. Nearly 50% of bulk cash smugglers are U.S. citizens, and an overwhelming amount of the currency comes from Columbia.[2]

The Nlets Transaction
Working with the national Bulk Cash Smuggling Center (BCSC), a division of ICE, Nlets will soon be providing a bulk cash query. This transaction will provide users with the ability to access BCSC resources. BCSC has 24/7 access to all of ICE’s customs and immigration databases. BCSC also coordinates and exploits information related to all domestic and international currency seizures and provides assistance to law enforcement agencies involved in a current seizure.

The new Nlets transaction will be run on name, date of birth and sex. The response will indicate any known border crossings, if the currency was declared, the suspect’s immigration status and if they have an ICE record. Nlets will support this transaction in legacy text, as well as in XML.

Nlets and BCSC are in the final stages of testing, and expect the BCQ/BCR transactions to be available soon.

Resources
Requests from local agencies interested in using the bulk cash smuggling message key must be reviewed by the Nlets state representative. Please direct all requests and questions to [email protected].

About the Author
Chelsea S. Keefer is a document specialist for Nlets in Phoenix, Ariz.

References

1.         Briggs S: ICE: Bulk Cash Smuggling Center. PowerPoint presentation, Feb. 11, 2010

2.         Ibid.

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