64 Year Old Cleveland Man Sues Customs After They Take His Life Savings
Rustem Kazazi was travelling from Cleveland, Ohio, to Albania to visit relatives, make repairs on a family property and possibly purchase a vacation home, when he was stopped by Customs. Kazazi is suing the United States Customs and Border Protection after they performed a strip-search on him in October 2017, and took more than $58,000 in cash from him.
Kazazi was not charged with any crimes, however Customs suspects that he was involved with smuggling, money laundering, or drug trafficking. A notice was sent to Kazazi’s home in November, stating “Enforcement activity indicates that the currency was involved in a smuggling/drug trafficking/money laundering operation.” This left the Kazazis dumbfounded, as Erald Kazazi – Rustem’s son, said “This was the most offensive thing I’ve ever seen. They provide no evidence. They list three different things without even saying which one it is.”
Kazazi was travelling from Cleveland Hopkins International Airport, which connected through Newark, with his final destination being Albania. Kazazi removed $58,100 from his bank account, as he didn’t want to transfer the funds to a bank in Albania.
“The crime [in Albania] is much worse than it is here. Other people that have made large withdrawals [from Albanian banks] have had people intercept them and take their money. The exchange rates and fees are [also] excessive,” Kazazi said.
Kazazi also added that contractors – to perform repairs on the family property – often prefer being paid in dollars and euros over the Albanian lek. The money Kazazi was carrying was in “three counted and labeled bundles” in his carry-on bag, along with withdrawal receipts from his bank, and documentation of his family’s property in Tirana, Albania.
The money was seized under the United States’ civil asset forfeiture – a law that allows police to seize property and money on the suspicion of wrongdoing. Wesley Hottot, the Kazazi’s family lawyer, said: “The government can just take everything from you. You have to affirmatively show you’re not a criminal to get your own money back. You have to effectively prove a negative.” The federal government seized more than two billion dollars last year from the civil forfeiture law.
The notice provided to the Kazazis also noted the amount of money that was seized – $57,330. This is $770 less than Kazazi claimed was with him, and said that it was impossible to be that amount as all of the notes were $100 – no smaller denominations.
In a statement released by Customs and Border Protection, a spokesman said “pursuant to an administrative search of Mr. Kazazi and his bags, TSA agents discovered artfully concealed U.S. currency. Mr. Kazazi provided inconsistent statements regarding the currency, had no verifiable source of income and possessed evidence of structuring activity.”
Hottot has denied that Kazazi tried to conceal the money, as it was wrapped in paper and labeled. Hottot also noted that the CBP spokesman said that sums of cash greater than $10,000 are required to be declared before exiting the United States, however at the time of the seizure, Kazazi’s flight wasn’t leaving the US – it was flying to New Jersey. This is where Hottot had said that Kazazi would declare his funds.
The CBP has given Kazazi a few options to proceed with his case – to abandon the cash completely, or to compromise and let the CBP keep a percentage of the funds seized. Kazazi also has the option to protest the seizure in federal court, which Kazazi has opted for. Surely, if the CBP want to compromise and let Kazazi have some of the money back, they can’t possibly think that it is related to any criminal activity?
Under federal law, the government is required to initiate a forfeiture case within 90 days of Kazazi responding to the seizure notice – and the deadline passed on April 17th. The government is yet to file a forfeiture complaint, and as such Kazazi is entitled to have the full amount returned. The case is now with the US attorney’s office in Ohio, however no ruling has been made yet.
