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CBP Officers Seize $182,000 in Cocaine at Brownsville, Texas Entry

Brownsville, TX – U.S. Customs and Border Protection officers at Veteran’s International Bridge yesterday discovered cocaine valued at approximately $182,400 concealed within a Chevrolet Van driven by a U.S. citizen.

CBP officers at the Veteran’s International Bridge encountered a beige and silver Chevrolet, Chevy Van being driven into the U.S. by a lone female. The driver, identified as a 21-year-old female U.S. citizen who resides in Brownsville, Texas was referred to secondary for further inspection where CBP officers discovered two packages hidden within the Chevrolet. The two packages contain approximately 2.59 kilograms (5.7 pounds) of alleged cocaine.

The alleged cocaine from this seizure has an estimated street value of approximately $182,400. CBP officers turned the woman over to U.S. Immigration and Customs Enforcement special agents for further investigation. CBP officers seized the narcotics and the vehicle.

Michael Freeman, CBP port director, Brownsville, called this an outstanding seizure and arrest. “Keeping these dangerous narcotics from entering our country and reaching our communities is of paramount importance to CBP. I congratulate our officers and I applaud their hard work and dedication,” Freeman said.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws

DOD Identifies Army Casualties

IMMEDIATE RELEASE No. 816-11 September 23, 2011

Darlington, WisDarlington, Wis

The Department of Defense announced today the deaths of two soldiers who were supporting Operation Enduring Freedom.             They died Sep. 21, in Kandahar province, Afghanistan, of injuries suffered when insurgents attacked their unit with small arms fire.  They were assigned to the 2nd Battalion, 34th Armor Regiment, 1st Heavy Brigade Combat Team, 1st Infantry Division, Fort Riley, Kan.             Killed were:             Spc. Jakob J. Roelli, 24, of . ; and             Spc. Robert E. Dyas, 21, of Nampa, Idaho

CBP Shuts Down Electronics Counterfeiting Conspiracy

Washington—A Chantilly, Va., woman, Chun-yu Zhao, recently received a 60-month prison sentence and heavy financial penalties for masterminding a conspiracy to import counterfeit computer networking equipment. U.S. Customs and Border Protection personnel using solid detective work and meticulous financial analysis were able to detect and bring Zhao to justice.

	click for hi-res Phony labels helped CBP uncover a conspiracy to import counterfeit computer networking equipment.

"Besides cheating legitimate businesses, putting counterfeit electronics in sensitive computer networks, aircraft, and vehicles can threaten public safety and even undermine national security," said CBP Commissioner Alan D. Bersin. “This case is a prime example of the way CBP protects the public from unfair and unsafe imports.”

CBP officers intercepted computer networking products that were believed to be counterfeit. CBP’s National Targeting and Analysis Group, or NTAG, in California, pieced together common elements in hundreds of unrelated shipments that ultimately identified the Zhao operation.

The smoking gun in this case was a shipment of bogus Cisco Systems labels that the NTAG identified and referred to Immigration and Customs Enforcement. These phony labels indicated Zhao’s knowledge and intent to import and sell counterfeit goods. It also allowed the government to get a search warrant and to carry out a controlled delivery that caught Zhao with the counterfeit goods red-handed.

To untangle enormous volumes of evidence, CBP regulatory audit personnel assisted case agents in connecting the dots to reveal all the accounts, assets, and entities involved. They deciphered handwritten documents to uncover and explain all the parts of the financial big picture.

CBP works cooperatively with intellectual property rights owners like Cisco Systems to stop imports of counterfeit goods while minimizing any disruption to the flow of legitimate merchandise.

Protecting intellectual property rights and promoting import safety are major CBP priorities. In the past several years, CBP has been involved in more than 700 seizures of counterfeit computer networking equipment. These seizures played a critical role in most of the more than 30 felony convictions in counterfeit computer networking cases by federal prosecutors in the last five years.

“This case illustrates how well government agencies are assisting each other in sharing information and expertise,” said Bersin. “There could not be a successful prosecution like the Zhao case without extensive multi-agency cooperation and collaboration.”

If you have knowledge of a violation of U.S. trade laws, please file an e-Allegation on CBP.gov. ( E-Allegations )

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Founder of Ninjavideo pleads guilty to criminal copyright conspiracy

WASHINGTON - A North Carolina man pleaded guilty today for his role in founding a website that provided millions of users with the ability to illegally download copyright-protected movies and television programs. This investigation is being conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in conjunction with the National Intellectual Property Rights Coordination Center (IPR Center).

Matthew David Howard Smith, 23, of Raleigh, N.C., pleaded guilty before U.S. District Judge Anthony J. Trenga in the Eastern District of Virginia to conspiracy and criminal copyright infringement. At sentencing, scheduled for Dec. 16, 2011, Smith faces a maximum penalty of five years in prison on each count.

The guilty plea was announced by ICE Director John Morton; Assistant Attorney General Lanny A. Breuer of the Justice Department's Criminal Division; and U.S. Attorney Neil H. MacBride for the Eastern District of Virginia.

According to the court documents, Smith was one of the founders of NinjaVideo, which operated from February 2008 until it was shut down by law enforcement in June 2010. He admitted that he designed many of the operational elements of the website that enabled millions of visitors to illegally download infringing copies of movies and television programs in high-quality formats. Many of the movies offered on the website were still playing in theaters, while others had not yet been released. While visitors to the website were permitted to download infringing content for free, they were also invited to make donations, which provided them access to private forum boards that contained a wider range of infringing material. A premium member obtained the rights to request specific infringing content, which the NinjaVideo administrators would then locate and add to the website.

Smith admitted that he made agreements with online advertising entities to generate income for the website, and he and his co-conspirators collected more than $500,000 during the website's two-and-a-half years of operation.

On Sept. 9, 2011, Smith was indicted along with four other alleged co-conspirators associated with NinjaVideo. The remaining defendants are scheduled for a jury trial on Feb. 6, 2012.

The investigation was conducted by ICE HSI in conjunction with the IPR Center. The ICE HSI-led IPR Center is one of the U.S. government's key weapons in the fight against criminal counterfeiting and piracy. As a task force, the IPR Center uses the expertise of its 19 member agencies to share information, develop initiatives, coordinate enforcement actions, and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and the war fighters.

NinjaVideo was seized during the first phase of "Operation In Our Sites," a sustained law enforcement initiative to protect consumers by targeting counterfeiting and piracy over the Internet.

To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov.

This case is part of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force) to stop the theft of intellectual property. Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation's economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.

The case is being prosecuted by Trial Attorney Glenn Alexander of the Criminal Division's Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Jay V. Prabhu and Lindsay A. Kelly.

ICE and US attorney return stolen paintings

SEPTEMBER 22, 2011

NEW YORK, NY

Paintings were stolen by the Nazis in 1944 – recovered following ICE HSI investigation

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NEW YORK — Nearly seven decades after they were stolen by the Nazis, the Julian Falat paintings "The Hunt" and "Off to the Hunt" are back in the hands of their rightful owner, the people of Poland. At a ceremony today at the Polish Consulate in New York, U.S. Immigration Customs and Enforcement's (ICE) Homeland Security Investigations (HSI) and the U.S. Attorney's Office for the Southern District of New York, returned the paintings to Polish President Bronislaw Komorowski.

The oil on panel paintings returned today were stolen from the Polish National Museum in Warsaw, Poland, by the Nazis during World War II.

"We are deeply gratified to be able to return these cherished paintings that were taken from the people of Poland so long ago," said ICE HSI Executive Associate Director James Dinkins. "Through our investigations into illicitly trafficked cultural property, we take every opportunity to track down objects stolen during World War II."

"Those paintings are two magnificent and very important pieces of art," said Bogdan Zdrojewski, minister of culture and national heritage, Republic of Poland. "If you think about all the Falat paintings, these two are definitely the most interesting and most valuable ones."

"No one can ever provide just compensation to the victims of the Nazis' atrocities, but it is very gratifying for our office to play a role in returning the art that they looted during World War II to its rightful owners," said U.S. Attorney Preet Bharara, Southern District of New York. "After 60 years, these national treasures will finally be returned to the Polish Government – a repatriation that would not have been possible without their help."

According to a complaint filed on Dec. 15, 2010, in Manhattan federal court, in August 1944, the German S.S. Obersturmbannführer Benne Von Arent took over the Polish National Museum and confiscated the most valuable items in the museum's possession, including "The Hunt" and "Off to the Hunt." Many of those treasures are still missing and have not been returned to the rightful owners. In 2006, the Polish government enlisted the assistance of ICE HSI and INTERPOL when it was notified that these two national treasure paintings were being offered for sale at two New York auction houses.

After ICE HSI conducted an investigation into the paintings, the U.S. Attorney's Office for the Southern District of New York filed a civil complaint against the two paintings seeking their forfeitures on several bases, including that the paintings constitute stolen property imported into the United States in violation of law.

Falat was born in 1853 in Tuliglowy, Poland, and is well known for his hunting and landscape paintings. In November 1901, his "Off to the Hunt" painting was first publicly displayed at the Society for the Encouragement of Fine Arts in Warsaw. It was subsequently sold to a private individual who later returned the painting to the society as a gift in 1904. In December 1939, "Off to the Hunt" was transferred from the society to the premises of the Polish National Museum which was used by the Nazis during World War II as a German depository of Polish national treasures.

"Off to the Hunt" was last documented at the museum. Sometime during World War II, "Off to the Hunt" was removed from the museum by the Nazis without its frame. It had been missing until 2006 when the Polish government became aware that it was being offered for sale at an auction house in New York.

The Falat painting entitled "The Hunt" was bequeathed on June 6, 1914 by its first owner, Ludwik Norblin, to the society. During World War II, "The Hunt" was also moved to the Polish National Museum. "The Hunt" was stolen by the Nazis during World War II and remained missing until 2006 when the Polish government became aware that the painting was being offered for sale at a different auction house in New York.

ICE HSI plays a leading role in criminal investigations that involve the illicit importation and distribution of cultural property, as well as the illegal trafficking of artwork. The agency specializes in recovering works that have been reported lost or stolen. The ICE HSI Office of International Affairs, through its 70 attaché offices in 47 countries, works closely with foreign governments to conduct joint investigations, when possible.

ICE HSI specially trained investigators and foreign attachés partner with governments, agencies and experts to protect cultural antiquities. They also train investigators from other nations and agencies on how to find and authenticate cultural property, and how to best enforce the law to recover these items when they emerge in the marketplace.

Those involved in the illicit trafficking of cultural property, art and antiquities can face prison terms of up to 20 years, fines and possible restitution to purchasers of the items.

Since 2007, ICE HSI has repatriated more than 2,500 items to more than 22 countries including paintings from France, Germany and Austria; an 18th century manuscript from Italy; and a bookmark belonging to Hitler as well as cultural artifacts from Iraq including Babylonian, Sumerian and neo-Assyrian items.

Learn more about ICE HSI cultural property, art and antiquities investigations.

Testimony by Secretary Panetta Before the Senate Armed Services Committee

Testimony by Secretary Panetta Before the Senate Armed Services Committee

            Chairman Levin, Senator McCain, members of this committee, it is an honor to for me to appear before you for the first time as Secretary of Defense and to represent the men and women of the Department and our armed forces.
            I want to thank you on their behalf for your dedication and for your support, particularly in a time of war, and for your determination to join me in doing everything possible to ensure that they succeed in their mission of protecting America and keeping us safe.
            When I testified before this committee as the nominee for the Secretary of Defense, I pledged that I would treat Congress as a full partner. And in the months since, I’ve had the opportunity to consult with you, many of you, on all of the challenges that the Department faces, and I will continue to do so. It’s important to have your guidance and your consult as we deal with the challenges facing our department.
            Before turning to the pressing issues of the challenges of the wars in Iraq and Afghanistan, I would like to briefly address the challenge of the defense budget, which relates to, obviously, everything we do.
            As you know, the department has been undergoing a strategy-driven process to prepare to implement the more than $450 billion in savings that will be required over the next 10 years as a result of the debt ceiling agreement. While this review is ongoing and no specific decisions have been made at this point, I’m determined to make these decisions strategically, looking at the needs that our Defense Department has to face not just now, but in the future, so that we can maintain the most dominant military in the world, a force that is agile, ready, capable and adaptable.
            These reductions will require hard decisions, and those decisions will force us to take on greater risk in our mission of protecting this country. My goal is to try to make those risks acceptable, but that is a reality. The guidelines that I will be putting in place as we move forward on these decisions are the following:
            First of all, I want to maintain the best military in the world. Secondly, I do not want to hollow out the force. Every time we have gone through these reductions in the past, the danger has always been that we’ve hollowed out the force. I am not going to do that.
            Thirdly, it requires a balanced approach in order to achieve the significant reductions that I’m required to do. So I am going to look at all areas. I’m going to look at efficiencies, reducing overhead, duplication -- there are opportunities -- try to achieve savings -- additional savings in those areas. Procurement, looking at the whole process of tightening up on our contracting, creating greater competition with regards to our procurement area.
            I’m also going to look at the compensation area. The fact is that in some of those areas, the costs have increased by 80 percent. Health care alone in the military costs some $52 (billion), $53 billion.
            But I have to do it in a way that does not jeopardize the volunteer force, and to that extent, I’ve got to maintain faith with those that have gone deployment after deployment, put their lives on the line. We cannot undermine the commitments we have made to them. Nevertheless, we do have to look at reforms in these areas.
            And lastly, as I said, we do have to maintain faith with those that are out there fighting every day.
            We are going to have to look at how we turn a corner. We have -- we have gone through a decade of war in which the defense budget has more than doubled, and now we have to look at a decade where we have to prevent war but be able to fight wars and win wars, if we have to, recognizing we have less resources. That’s the challenge that we face as we confront this budget issue.
            The department is taking on its share of our country’s efforts to achieve fiscal discipline, and we will. And I want to caution strongly against further cuts to defense as we go through that, particularly with the mechanism that’s been built into the agreement called sequester. This mechanism would force defense cuts that in my view would do catastrophic damage to our military and its ability to protect the country.
            I know you share my concern about the process of sequester. It is kind of a blind formula that makes cuts all across the board and guarantees that we will hollow out the force. Working with this committee and others in Congress, I’m confident that we can meet our national security responsibilities and do our part to help this country get its fiscal house in order but at the same time maintain a strong national defense. We do not have to make a choice between fiscal security and national security.
            Even as the department grapples with the budget, our most immediate challenges are the wars in Iraq and Afghanistan. My submitted statement goes into more details on the progress we are making and the challenges that remain to achieving our strategic objectives, but let me just briefly address both of these efforts.
            I’ll begin with Iraq, where our focus has been on ending the war in a responsible way that allows Iraq to become a secure, sovereign, stable, self-reliant nation and a positive force for stability in that region. Today fewer than 50,000 U.S. forces remain in Iraq, and based on the November 2008 security agreement reached with the Iraqi government under the last administration, we are planning to draw down our combat troops in Iraq by the end of the year.
            Still, as you know, last month the Iraqi political leadership indicated publicly that they are interested in an ongoing training relationship with the United States in a post-2011 period. As a result, General Austin and Ambassador Jeffrey have been in the process of negotiating with Iraqi leaders as to what their needs are and how we can address that.
            We are seriously considering this request, and I want to make clear that no final decisions have been made. We’ll continue to consult extensively with the Iraqis but we will also consult with the Congress before such decisions are made as to what a post-2011 training presence will look like.
            I want to be clear that obviously any future security relationship in Iraq will be different from the one that we’ve had since 2003. The United States wants a normal, productive relationship and a close strategic partnership with a sovereign Iraq and with other countries -- similar, frankly, to the partnerships we have with other countries in the region and around the world. This kind of security assistance would be a means of furthering our strategic partnership with Iraq that looks to the kind of future role that can best address their security needs.
            But there’s no question that challenges remain there. They have to stand up a consul for higher policies. They have to develop a resolution to the Kirkuk situation and dispute.
            They have to pass a hydrocarbons law. They have to promote security efforts to deal with Iranian-supported Shia extremist groups that have been attacking their forces as well as ours. They have to have security efforts to go after the remnants of al-Qaida which still remain in Iraq. And they have to work at a political process that builds a safer and stronger Iraq for the future.
            As we’ve moved decisively since 2009 to end the war in Iraq, we have also turned our attention, our focus and our resources to Afghanistan and the effort to build a stable and secure country there that does not provide a safe haven to al-Qaida or to its extremist affiliates. Because of the hard work and the sacrifices of Afghan and coalition forces, we’ve established conditions that are putting Afghans on the path to assume lead responsibility for security nationwide by the end of 2014.
            The insurgency has been turned back in much of the country, including its heartland in the south, and the Afghan National Security Forces are increasingly strong and capable. And as the Chairman pointed out, we have made significant progress with regards to our primary mission of disrupting, dismantling and ultimately defeating al-Qaida, particularly with the operations that took down bin Laden and that continue to take down key leadership of al-Qaida and their affiliates.
            This undeniable progress has allowed us to begin transitioning to Afghan security control. We’ve done that in seven areas of the country since July. As this transition commenced, we began implementing a gradual and responsible drawdown that is essential to the success of that transition process and lasting security and stability in Afghanistan. And General Allen, who has briefed me just this week again, is in the process of laying out those plans that will provide a responsible transition that will not undermine the security of Afghanistan.
            While my overall assessment is that our effort in Afghanistan is headed in the right direction, I think we also have to be clear-eyed about the challenges that remain.
            First, as the Taliban lost control of territory last year, they shifted away from large attacks on our forces to greater reliance on headline-grabbing attacks. In recent weeks, we’ve seen a spate of such high-profile attacks, including the attempt to attack the United States embassy and NATO headquarters in Kabul last week and the assassination of former President Rabbani, the chairman of the High Peace Council, this -- just this last Tuesday. At this time of loss, we have conveyed our condolences to the family of Professor Rabbani and the Afghan people. But we are concerned that these attacks, because of the loss of life and because they represent an effort to disrupt the process we have made, must be confronted and cannot be allowed to continue.
            Overall, we judge this change in tactics to be a result in a shift in momentum in our favor, and a sign of weakness of the insurgency. While overall violence in Afghanistan is trending down, and down substantially in areas where we concentrated the surge, we must be more effective in stopping these attacks and limiting the ability of insurgents to create perceptions of decreasing security. We are working with our Afghan counterparts to discuss with them how we can provide better protection against these attacks, but the bottom line is that we can’t let these sporadic attacks deter us from the progress that we’ve made.
            The second challenge is the difficult campaign we have ahead of us in the east, where the topography, the cultural geography and the continuing presence of safe havens in Pakistan give the insurgents advantages they have lost elsewhere in the country. We cannot allow terrorists to have safe havens from which they launch attacks and kill our forces. We cannot allow that to happen. And we have to bring pressure on the Pakistanis to do their part to confront that issue.
            The third key challenge is that we must not underestimate the difficult tasks the Afghans still face in developing governance that can meet the minimum needs of the Afghan people and help them take and sustain control of their country.
            I believe we’re capable of meeting these challenges if we keep our efforts focused and maintain our dedication to the fight. We have some tough -- we’ve had some tough days in this campaign, and undoubtedly there are more tough days that lie ahead.
            This is a heavy burden that I feel personally now as secretary of defense every time I write a condolence letter. Since taking this office, I’ve been to Dover to receive the remains of those who were killed in the Chinook helicopter crash last month. I’ve been to Arlington, and I’ve been to Bethesda. And in spending time with the families of those who’ve died or have been seriously wounded in the service of this country, there isn’t a family member who hasn’t come up to me and said if you really care about what happened to my loved one, you will carry on the mission that they gave their life for or were seriously wounded for. We owe it to those who’ve paid this price to continue the hard work of doing this right and protecting our country.
            I’d also like to close by recognizing the man sitting next to me, Mike Mullen. He has worked tirelessly and successfully to advocate effective operations -- for effective operations in Afghanistan and Iraq. And the strategy that is now bearing fruit owes much of its success to his vision and his determination. I know that all of you and that all of America join me in thanking him for his decades of dedicated service and his extraordinary work on behalf of our country and our men and women in uniform. Mike has set a standard for responsibilities and performance of chairman that will forever be his legacy, and I am deeply grateful for his service and for his friendship.
             Thank you, Mr. Chairman.

Weekly Address: Strengthening the American Education System

Your Daily Snapshot for Saturday, September 24, 2011

Weekly Address: Strengthening the American Education System President Obama explains that states will have greater flexibility to find innovative ways of improving the education system, so that we can raise standards in our classrooms and prepare the next generation to succeed in the global economy.  Watch the video Weekly Wrap Up Here's what happened this week on WhiteHouse.gov: We the People: President Obama released the U.S.’s Open Government National Action Plan, and a highlight of that plan is We the People, a new platform that gives all Americans a way to petition the Obama Administration to take action on a range of important issues facing our country. In the first days following the launch, numerous Americans have created petitions and are currently collecting signatures. Promoting World Peace: The President spent two days in New York City for the 66thsession of United Nations General Assembly. While there, he held numerous meetings with world leaders and addressed the General Assembly speaking about the remarkable year we have had around the world and also the many challenges that stand in the way of a lasting peace. He also attended the Clinton Global Initiative, where he talked about the positive impact the American Jobs Act will have on the global economy. Rebuilding America: President Obama visited the Ohio River’s Brent Spence Bridge, a functionally obsolete crossing on one of North America’s busiest trucking routes that connects Cincinnati, Ohio with Kentucky. The President spoke about the pressing need to improve our national infrastructure, and detailed the provisions in the American Jobs Act that will rebuild our country and put ironworkers, construction workers and carpenters back to work.   Creating a Fair Tax System: The President laid out a balanced plan to get our fiscal house in order, based on the values of shared responsibility and shared sacrifice.  The President is calling on Congress to undertake comprehensive tax reform to simplify the system, make it more fair and efficient, and lay a stronger foundation for economic growth.  The plan details how to pay for the American Jobs Act, while also paying down our debt over time. Improving our Education System: President Obama and representatives from the education community gathered at the White House to announce that it’s time to take action and build a world class education system. In exchange for a real commitment to undertake education reform, the Administration will enable states to request flexibility from specific mandates under No Child Left Behind. Don’t Ask, Don’t Tell: The country marked an important milestone this week when the era of“Don’t Ask, Don’t Tell” officially came to an end. The law that was signed in December 2010 by President Obama allows people of the LGBT community to serve openly in the military. Get Updates Sign up for the Daily Snapshot Stay Connected

CBP Andrade Intercepts over Half Million Dollars in Cocaine
(Tuesday, September 20, 2011)



Andrade, CA– U.S. Customs and Border Protection officers at the Andrade port of entry seized over $500,000 in cocaine on September 19, and arrested one person in connection with the failed smuggling attempt

The incident occurred at about 3:30 p.m., when a 31-year-old male U.S. citizen driving a white 1996 Chevy pick-up truck was referred to the secondary inspection area for further examination.

The secondary examination included a canine screening and use of a density meter device which led CBP officers to the discovery of 24 wrapped packages of cocaine concealed inside a non-factory compartment in the bed area of the truck. The weight of the narcotic was 57 pounds which has an estimated value of more than $500.000. CBP seized both the narcotic and vehicle.

The driver, a resident of Heber, California, was turned over to U.S. Immigration and Customs Enforcement Homeland Security Investigations for further processing. The driver was then transported to the Imperial County Jail where he will await arraignment.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Criminal Aliens Apprehended By Border Patrol Convicted, Imprisoned Pending Deportation

Tucson, AZ –Two Mexican nationals apprehended by Tucson, Ariz. Border Patrol agents for attempting to illegally re-enter the United States were sentenced to prison on Sept. 16.

Jorge Arriega-Hernandez, a 39-year-old male from Zitácuaro, Michoacán, México, was sentenced to 30 months in prison for re-entry of an aggravated felon.

The U.S. Attorney’s Office prosecuted Jorge Arriega-Hernandez after he was apprehended April 5. During processing at the Ajo Station, the Integrated Automated Fingerprint Identification System revealed he was convicted in Fresno County, Calif., in 2005 for possession with intent to manufacture methamphetamine and was sentenced to 151 days in prison. Record checks also indicated he was previously deported from the U.S. after serving his sentence.

Following initial processing, the Tucson Sector’s Prosecution Unit submitted the case to the U.S. Attorney’s Office. Following his incarceration in federal prison, Arriega-Hernandez will be formally removed from the country.

José Eleazar Amaya-García, a 43-year-old male from San Juan Tumbio, Michoacán, México, was sentenced to 64 months in prison for re-entry of an aggravated felon.

The U.S. Attorney’s Office prosecuted Amaya-García after he was apprehended March 18. During processing at the Tucson Station, IAFIS revealed Amaya-García was convicted in Orange County, Calif., in 1999 for making terrorist threats toward an individual.

Record checks also indicated Amaya-García was previously deported from the U.S. through San Ysidro, Calif., after serving a two-year sentence. Following initial processing, the case was submitted to the U.S. Attorney’s Office for re-entry of an aggravated felon. Following his incarceration in federal prison, Amaya-García will be formally removed from the country.

All individuals apprehended by the Border Patrol undergo criminal history checks using IAFIS. This vital tool accesses criminal records throughout the United States, thereby assisting agents in quickly identifying violent criminals and wanted persons.

Customs and Border Protection welcomes assistance from the community. Report suspicious activity by calling the Border Patrol toll free at (877) 872-7435. All calls will be answered and remain anonymous.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Calexico CBP Stops Methamphetamine and Marijuana Smuggling

Calexico, CA. – U.S. Customs and Border Protection officers working at the Calexico downtown port recently seized over $67,000 worth of narcotics in two separate smuggling attempts.

On September 21 at about 10:00 p.m., a CBP officer encountered a 30-year-old female U.S. citizen as she entered the country on foot. During the interview, the officer detected signs of nervousness being displayed by the traveler as she attempted to provide proper identification.

A closer inspection led officers to the discovery of two packages of methamphetamine concealed under the traveler’s clothing. The weight of the narcotic was one pound with a street value of approximately $11,000.

CBP officers arrested the traveler, a resident of Indio, California, for the alleged narcotic smuggling attempt.

A second seizure occurred on September 22 at about 4:15 a.m., when an officer conducting inspections of vehicles and travelers referred a 26-year-old male U.S. citizen driving a white 2001 Chevrolet Silverado pick-up truck for further examination.

A canine team was utilized to screen the truck and the detector dog alerted to the gas tank area. CBP officers subsequently discovered 61 wrapped packages of marijuana concealed inside the vehicle’s gas tank. The weight of the narcotic was 125 pounds with a street value of approximately $56,540.

The driver, a resident of Mexicali, Baja California, was arrested for the alleged narcotic smuggling attempt.

In both incidents, the violators were turned over to the custody of U.S. Immigrations and Customs Enforcement-Homeland Security Investigations and transported to the Imperial County Jail where they currently await arraignment. CBP seized the vehicle and narcotics.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Heart Association Walk Downtown Use Caution

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Request for Advance Public Comments on the Proposed Revocation of Headquarters Ruling Letter ("HRL") 547654 and of Treatment Relating to the Applicability of Transaction Value and Post-Importation Adjustments
(09/23/2011)Customs and Border Protection (“CBP”) is in the process of re-examining its approach to the applicability of transaction value in the context of post-importation adjustments. Specifically, CBP is asking the public to provide comments on the broadening CBP’s interpretation of what constitutes a “formula” for purposes of using transaction value, thereby allowing post-importation adjustments. In order to permit the orderly administration of these upward and downward post-importation adjustments, CBP is considering modifying prior rulings in order to allow the transaction value basis of appraisement in these circumstances, provided that the importers use the reconciliation program for declaring the value of the affected importations.

Background: Many importations into the United States involve transactions between related parties, which present a number of appraisement issues, such as ensuring that the relationship between the parties does not affect the price. Moreover, such transactions often involve arrangements in which the parties have in place formal inter-company policies that call for adjustments after importation to the price paid (i.e., the transfer price). These arrangements raise the issue of whether transaction value is the proper basis of appraisement and, if so, how to treat the adjustments.

In certain instances CBP has allowed the adjustments, but not under transaction value. Rather, the adjustments were allowed under the “fallback” method of appraisement because the price was not determined via an objective formula. In other instances, CBP has disallowed the adjustments because CBP considered a decrease in the transfer price to be a post-importation rebate or decrease under 19 U.S.C. §1401a(b)(4)(B). CBP has reviewed this matter and is considering proposing a broader interpretation of what is permitted under transaction value in the transfer pricing context.

Legal Authorities: Merchandise imported into the United States is appraised under 19 U.S.C. §1401a. The primary method of appraisement is transaction value, defined as “the price actually paid or payable for the merchandise when sold for exportation to the United States,” plus certain additions to the extent not otherwise included in the price actually paid or payable. See 19 U.S.C. §1401a(b)(1). As provided in 19 U.S.C. §1401a(b)(4)(A), the term “price actually paid or payable” means the total payment (whether direct or indirect …) made, or to be made, for imported merchandise by the buyer to, or for the benefit of, the seller. Normally transaction value is fixed at the time of importation. However, transaction value may be arrived at by using a formula. See 19 CFR 152.103(a)(1). Rebates, or any other decrease in the price actually paid or payable made or effected after the date of importation are to be disregarded for the purposes of determining transaction value. 19 U.S.C. §1401a(b)(4)(B).

Analysis: Related party transactions may involve adjustments to initial transfer prices after importation, in accordance with the company’s formal transfer pricing policy/formula. In some cases, the transfer pricing policy may provide for year-end “compensating adjustments” to comply with the requirements of an Advance Pricing Agreement (“APA”) between the U.S. party and the Internal Revenue Service (“IRS”). Such adjustments could affect whether the price is considered fixed or determinable by objective formula at the time of importation.

The issue of the treatment of post-importation adjustments is addressed in HRL 547654, dated November 9, 2001. In HRL 547654, the price for the goods was arrived at pursuant to a methodology that included an initial sum subject to adjustments. CBP determined that transaction value did not apply because the price was not considered to be fixed or determinable pursuant to an objective formula prior to importation because at least one of the elements for determining the price was within the control of the buyer and/or the seller. Nonetheless, following the hierarchy of the valuation statute, CBP found that the goods could be appraised using the “fallback” method of valuation based on the related party price and that the adjustments could be reported (and claimed) to CBP through reconciliation.

Upon review of this matter, CBP is proposing that even though the parties are related and certain costs may be within the control of the parties, if the transfer pricing policy is set before importation and is used by the parties, it may be considered an objective formula, allowing the use of transaction value, provided that certain additional criteria are met. In requesting reconsideration of HRL 547654, the importer described its transfer pricing policy and the distinction between its treatment of variable and fixed costs. According to the policy, none of the variable costs and profits are subject to any post-importation price adjustments. Therefore, the transfer price declared to CBP upon importation is fixed and any fluctuations are not re-invoiced or remitted back to the seller/exporter. The company also provided CBP with a copy of an inter-company memorandum, illustrating how the fixed costs are calculated and set in advance. According to the importer, the fixed costs paid are set; only allocation of those fixed costs to the individual import entries is not fixed until after the month has passed. Pursuant to its transfer pricing policy, the importer seeks to report, via reconciliation, the actual, final amount paid to the Seller for the imported goods. Furthermore, with respect to the profit margin element of the importer’s transfer pricing formula, the margin is calculated based on a study of comparable and available data, of sales in the uncontrolled market to allow a reasonable profit to be earned. The margin is confirmed as often as required by the U.S. transfer pricing regulations, by a joint external study of the importer’s and exporter’s finance departments, also submitted by the importer for CBP’s consideration.

A. Factors to consider

CBP is considering that since the following criteria were met, the company may use the transaction value method of appraisement: (1) a written “Intercompany Transfer Pricing Determination Policy,” which sets out how the transfer price is to be determined prior to the importation; (2) the importer/buyer is the U.S. taxpayer, and it uses its transfer pricing methodology in filing its corporate income tax returns and in determining the transfer price for the products covered by the transfer pricing policy; (3) the company’s transfer pricing policy specifically covers the products for which the value is to be adjusted; (4) the policy specifies what adjustments must be made to the transfer price, and how those adjustments are to be determined; (5) the adjustments, although to a certain extent within the “control” of the parties, do not result in value manipulation; (6) if adjustments are made, the company provides detailed explanations and calculations of the adjustments incurred in the United States and claimed after the importation; (7) the relevant transfer pricing policy, pursuant to which adjustments are claimed is in effect prior to the importation; and, (8) there is an absence of other circumstances which may indicate that the compensating adjustments do not result in an arm’s length price between the parties. No single factor is determinative, and CBP’s finding with respect to whether an objective formula exists will be made on a case-by-case basis.

Furthermore, CBP is considering that downward adjustments in the transfer price made pursuant to the transfer pricing study are not rebates of, or other decreases in, the price actually paid or payable that are made or otherwise effected between the buyer and seller after the date of importation of the merchandise into the United States (see 19 U.S.C. §1401a(b)(4)(B)). Instead, the post-importation adjustments represent an element of the determination of the price actually paid or payable in accordance with 19 CFR §152.103(a)(1). Therefore, the post-importation adjustments made pursuant to the transfer pricing policy in the proposed revocation simply reflect what should have been reported as the invoice price upon entry, had the exact price information of the imported merchandise been available at the time.

Of course as with any other transaction, in addition to the foregoing, companies must be prepared to show that transaction value is acceptable under one of the two tests: (1) circumstances of the sale, or (2) test values.

B. Reconciliation

In order for companies to claim post-importations adjustments, it is contemplated that importers must use the reconciliation program to properly apply transaction value and account for the total “price paid or payable for” imported merchandise where a formal transfer pricing study or policy, or an APA, provides for upward or downward post-importation adjustments that directly (or indirectly) relate to the value of the merchandise. Reconciliation allows companies to provide CBP with information not available at the time of entry summary filing and which is necessary to ascertain the final appraisement of imported merchandise. Furthermore, reconciliation allows for the information to be filed up to 21 months from the date of the first entry summary with extensions of time as available to importers. CBP believes this flexibility makes reconciliation an ideal tool to declare all adjustments (upward and downward) within the timeframe allowed by an APA or transfer pricing study or policy.

All comments relating to this pre-publication proposal should be sent to EarlyInputMailbox@dhs.gov no later than thirty days from the date of publication. Please put “Transfer Pricing” in the subject line. After analyzing the comments, CBP will consider whether to proceed further with this action in accordance with 19 U.S.C. §1625(c) by publishing a proposed revocation of HRL 547654.

Please note that statements provided in response to this request and the names of the submitters are not confidential and may be subject to disclosure upon a written Freedom of Information Act request.