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In a recent tweet, PokerFraudAlert forum owner, Todd Witteles, has warned players at the PokerStars PCA in the Bahamas of the potential danger their money could face on their flight home. Witteles explained that flights to the US from the PCA have often been targeted by US Customs and the FBI, who have seized cash from poker pros who committed no crime.
Legal Robbery
This practice is known as "civil forfeiture" and it allows law enforcement to seize property or cash from citizens based on the suspicion that the property or cash was acquired through criminal activities, without a warrant, court order, or conviction.Civil forfeiture began in 1983 as part of the War on Drugs, under the premise that drug dealers often had large amounts of cash on them that were proceeds from criminal activity, but without proof, the government could not seize it. However, the law has since been abused and has become a tool for legalised theft against ordinary citizens. Despite efforts to reverse the law in the 2010s, it remains in effect today and puts poker players at risk of losing their cash without any reasonable hope of recourse.
Following the customs cash declaration requirements does not protect individuals from civil forfeiture. Even if a person declares that they are carrying over $10,000 in cash and fills out the forms honestly, the government can still seize the money if they believe it was acquired through criminal activity. This particular point puts poker players at risk as claiming the money was won gambling is never going to convince the authorities without proper documentation from a casino or card room.
Todd Witteles wrote: “People have had less than $10k taken. If you are chosen for questioning, they will ask you if you have "proof" where you got the money. Often your proof is judged not good enough, and they take it. I have seen many lose $5k-$8k over the years.”
Poker players have in the past been coerced by signing a form where they are promised not to be charged with crimes they are suspected of committing also but stating that they are agreeing to the forfeiture and will not challenge it.
This can be a stressful situation, and many people may feel pressured to sign the form. However, it is important to note that a good attorney can argue that the individual was coerced into signing the form and did not have legal representation at the time.
In the case that an individual has proof of the legal source of the cash, such as a receipt from a casino, law enforcement may still seize the money. They can claim that they suspect the receipt is fake or that they still believe the money was acquired through drug sales. It is important to note that having proof of the legal source of the cash will aid in the individual's chances in court, but it does not guarantee protection from seizure on the spot.
It is important to know your rights and to refuse to sign any forms without legal representation present. If an individual is innocent and does not agree with the forfeiture, they can state that they do not wish to sign anything and it is unlikely that they will be arrested. In the case of false arrest, they can later sue the law enforcement for false arrest and potentially win.
The gambling and poker communities are disproportionately affected by civil forfeiture as they often carry large amounts of cash from place to place. It is well-known that many of these civil forfeiture stops are located on routes to and from casinos and that the government is aware of this and targets these routes.
As for poker players travelling to the PokerStars Caribbean Adventure, it is absolutely recommended not to travel with more than $10,000 in cash whether declared or not. For those who choose to carry less than that amount, be absolutely sure that there are not any high-value poker chips lurking in your luggage which can put you over the $10K limit.
Any readers who think this is all being blown out of proportion should check out the video below for a look into how ridiculous this law is for US citizens.
