Contraband Smuggling Flashcards
Contraband Smuggling
Fraudulently or knowingly imports or brings into the US any merch contrary to law.
18 USC 545 Smuggling goods into the US
- With intent to defraud or introduce using fraudulent docs
- merch contrary to law.
19 USC 1590 Aviation smuggling
- Transport or possession of merch to be introduced into US contrary to law.
- Any unauthorized transfer of merch to a vessel w/ the intent of unlawfully introducing it into the US.
31 USC 5332 - Bulk Cash Smuggling
- over 10k to evade currency reporting requirements.
21 USC 841, 844 - prohibited acts related to manufacture
manufacture, distribution and or possession of controlled substances w/o prescription or counterfeit substances.
CBP Responsibilities
- Prevent illegal entry of contraband
- initiates detentions/ seizures, contacts HSI
- Initiates Form 6051S
- Enters seizures in SEACATS
Processing Controlled Substances
- Photograph
- preserve container
- conduct field test, record, witness results
- mark exhibits, evidence
- Follow DEA procedures and document transfer on DEA Form 7
- Track chain of custody (6051), turn over property to CBP
Policy on Contraband Evidence
- Deconflict w/ DEA
- SA seize contraband
- Conveyances used to transport controlled substances may be forfeited administratively
Non- Drug Evidence
- Designate exhibits with “N”
- Document in ROI, SAS, 6051
- Provide ROI to DEA, include arrests, seizures, SWs, indictments
Controlled Delivery - Cooperating Defendant
- Agrees to deliver contraband
- Defendant must be under control of LEOs, 18 or older, arrested, searched, debriefed.
- Advise AUSA
- Miranda
- Use body wires, tracking devices
- search before and after meet
- after delivery: follow defendant to a predetermined location, search defendant and conveyance again.
Controlled Delivery - Non-cooperating, Cold Convoy
- Contraband discovered but allowed to proceed under surveillance.
- Attempt to identify destination travel route, intended recipients
- SAC must approve cold convoy
- AUSA concurrence
Controlled Delivery: Pass Through
- Imported or exported at gov direction
- Operation must have CBP Port Director concurrence
- Requesting agency makes formal request to SAC with: Date of pass, POE, flight info, type and quantity, requesting agency POCs, specific processing instructions.
- HSI place security controls on contraband
- SAC w/jurisdiction acts as principle POC
- For controlled substances obtain FDIN from EPIC
- Operation Plan.
Controlled Export
Pass through of NOn-drug merch to foreign country coordinated w/ HSI Attaché
Reverse Undercover Operation
- Sale or delivery of controlled substances, restricted tech
- Used to collect evidence and further infiltrate criminal organizations.
Which situations indicate a type of contraband smuggling case that HSI may investigate?
- Shipment of Ivory
- 7,500 concealed in car
- Virginia State Police investigating meth lab
- Handguns in car owned by Mexican Citizen, along the border
- Drugs in car stopped 40 miles from POE
- yes
- no (less than 10k)
- Contact DEA
- yes
- Yes
