United States of America (USA) Currency Reporting Requirements

If you are planning on entering the U.S. from any port of entry (i.e.- Detroit-Windsor Tunnel, Ambassador Bridge, Blue Water Bridge, Sault Ste. Marie International Bridge, ferry, etc.) anytime soon, you must educate yourself on the U.S. Currency Reporting Requirements.

The law provides that if you transport, attempt to transport, or cause to be transported (including by mail or other means) currency or other monetary instruments in an aggregate amount exceeding $10,000.00 or its foreign equivalent at one time from the United States to any foreign country, or into the United States from any foreign country, you must file a report with the U.S. Customs and Border Protection.  This report is called the Report of International Transportation of Currency or Monetary Instruments, FinCEN Form 105.

“Monetary Instruments” include-

  1. U.S. or foreign coins and currency;
  2. Travelers checks in any form;
  3. Negotiable instruments (including checks, promissory notes, and money orders) that are either in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in a form that the funds can be transferred to another person;
  4. Incomplete instruments (including checks, promissory notes, and money orders) signed, but with the payee’s name omitted; and
  5. Securities or stock in bearer form or otherwise in a form that the funds can be transferred to another person.

“Monetary Instruments” do NOT include-

  1. Checks or money orders made payable to the order of a named person which have not been endorsed or which bear restrictive endorsements;
  2. Warehouse receipts; or
  3. Bills of lading.

Reporting is required under the Currency and Foreign Transaction Reporting Act (PL 97-258, 31 U.S.C. 5311, et seq.).  Failure to comply can result in civil and criminal penalties and may lead to forfeiture of your monetary instrument.  The purpose of the law is to prevent money laundering and to prevent criminal activity that is often times associated with cash transactions (i.e.- drugs).

The Government has Seized my Money.  What are My Options?  Must I forfeit my money?

All hope is not lost once the government seizes your money.  You do not have to forfeit your money as options are available.  Once the government seizes your money, it is critical to retain a lawyer immediately as time is of the essence.  You are more likely to prejudice your case the longer you wait.

When the government has seized your money, you must file a petition for relief to get your money back.  Otherwise, you automatically forfeit your money to the government.  When filing a petition for relief with the government, you will have to prove the source of your funds and that there was a legitimate use of the funds.  There is no exact science for getting your money back.  That is why it is so critical to have a lawyer represent you.  We have a record of success in dealing with the U.S. Customs & Border Protection.  Do not take the government on by yourself because your risk of failure is increased.

Has your government seized your money?  Or has the government begun civil forfeiture proceedings against you?  We know the law and have helped others fight the government and get their money back. To retain Garmo & Kiste, PLC, call Attorney Brian Garmo at (248) 398-7100 ext. 2 for a free consultation.


Can I Join the Military / Army / Navy / Air Force / Marines / National Guard / Coast Guard with a Criminal Record, current/pending Criminal charges or an active Personal Protection Order (PPO)?

Unfortunately, having a criminal record, pending criminal charges or an active PPO could disqualify you from military service. Each branch requires applicants to meet rigorous moral character standards. At some point in the process of joining any one of the branches of the U.S. Armed Forces, you will be interviewed and required to write down any arrests, charges, juvenile court adjudications, traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have been expunged or sealed.

Our attorneys have helped numerous clients facilitate their transition into the armed forces despite initial hold ups because of a criminal record, pending criminal charges or an active PPO. So should an expungment be necessary (for more information, click here), should a PPO need to be removed (for more information), or should you need legal counsel to deal with pending criminal charges call Garmo & Kiste, PLC at (248) 398-7100 or contact us with a private message.

Offenses/Moral Behavior Which Could Be Waived:

Minor Traffic Offenses. A civil court conviction or other adverse dispositions for six or more minor traffic offenses where the fine was $250 or more per offense.

Minor Non-Traffic Offenses. Received four or more civil convictions or other adverse dispositions for minor non-traffic offenses.

Misdemeanor Offenses. Those with two, three, or four, civil convictions or other adverse dispositions for what the Army considers to be a misdemeanor offense require a waiver. Waivers are not authorized for individuals with more than four civil convictions or other adverse dispositions for misdemeanor offenses.

Combinations. Received a total of four civil convictions or other adverse dispositions for a combination of minor non-traffic and misdemeanor (for example, 1 misdemeanor and 3 minor non-traffic).

Serious Offense. Any conviction or adverse disposition for what the Army considers a felony, requires a waiver.

Are you dealing with pending criminal charges? Don’t hesitate to call one of Garmo & Kiste, PLC’s attorneys at (248) 398-7100 or contact us with a private message. Your future and career could depend on it.

Are you a Canadian Citizen or Resident Charged with a Drunk Driving / DUI / OWI or other alcohol related driving offense here in Michigan?

Canadian citizens and nationals living in the province of Ontario beware that if you are convicted of Drunk Driving / OWI / OWVI here in Michigan, will be punished twice if the right steps are not taken. Michigan and Ontario maintain a treaty that requires sharing driver’s license information even though Treaties by a state and a foreign nation are prohibited by the U.S. Constitution; the treaty utilizes a little known exception to the U.S. Constitution concerning Drunk Driving / OWI / OWVI. Section 42.1 of Ontario’s Highway traffic act maintains certain New York and Michigan convictions carrying mandatory suspension of your Canadian license where the conviction itself would not cause an American in the same circumstances to lose his or her license. The ramification of a conviction for a Canadian citizen who works in the United States can be even worse. Though it carries few immigration consequences, the same as U.S. citizens with Drunk Driving / OWI / OWVI cannot freely travel to Canada. A Canadian citizen with a Drunk Driving / OWI / OWVI cannot freely travel to the US.

Below we have included a list of all Michigan laws which carry a mandatory suspension of your Canadian license.

See also, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_930037_e.htm

Are you a Canadian Citizen or Resident arrested on suspicion of a Drunk Driving / OWI / OWVI here in Michigan? We know the law and have helped other Canadians keep their license and avoid additional punishments (such as being unable to travel into the US) where other attorneys have not. To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

My Mother, Daughter, Friend, Son, Nephew, etc. used my Credit Card and never paid me back and now the Credit Card Company is suing me. Am I stuck with the bill? Or do I have any recourse?

Unfortunately, you are likely liable for the debt. You could file an affidavit with your credit card company in which you attest that you did not make the charges and that these charges were unauthorized. If you timely file such an affidavit, you may not be liable for those charges. However, this might cause criminal charges to be brought against the individual using your card.

As such, most people similarly situated will do nothing in the hopes their relative or friend will make prompt repayment. Few people ever want to think that their friend or family member would ever betray them. Unfortunately, this is simply not the case.

If this has happened to you, let us help you. The Attorneys of Garmo & Kiste, PLC are experienced Debt Collection Attorneys who now specialize in Debt Collection Defense and Bankruptcy Work. In the past we learned the trade working for Credit Card Companies and Debt Collection Agencies.

Yearly we handle hundreds of collections and collections defense cases. For more information about Debt Collection Defense and Bankruptcy Work or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.

One radio advertisement I heard over and over again during the holidays was for International Star Registry, a company that offers the ability to “name a star after someone” for a low fee of $54.00.  In addition to having the star’s new name “registered at the US Copyright office,” you get a certificate, a star chart, and a map of your star circled in red.  However, you cannot get a star named after you and claim copyright to it.

Names are not protected by copyright law.  Publishers of publications such as a star registry copyright the text of a book containing the names the registry has assigned to stars but the registration does not extend protection to any of the individual star names appearing therein and does not confer any official or governmental status on any of the star names included.

The International Star Registry admits in its own fine print that “star naming is not recognized by the scientific community” and that “your star’s name is reserved in International Star Registry records only.” So for Valentine’s Day, don’t buy your loved one a star, your hard-earned money is better spent on a nice steak dinner or some flowers.

Founded in 1979, ISR has sold over 1 million of their full-color “Name A Star” parchment certificates.  Since there are nearly one trillion stars in our galaxy alone, selling name is like a license to print money.  For additional reading see http://www.copyright.gov/help/faq/faq-protect.html