Man gets 1-year probation sentence for failing to report $40K cash in luggage

Tsunemasa Otsuji, a Japan-bound passenger who was arrested last May 17 for allegedly carrying $40,000 cash in his luggage without declaring the currency at the Francisco C. Ada/Saipan International Airport, has entered a guilty plea in federal court and was sentenced to probation for one year.

Otsuji, through his counsel Colin Thompson, on Friday afternoon pleaded guilty to the information charging him with one count of failure to report exporting monetary instruments.

Thompson read for the record defendant’s medical certification.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona received the medical certification record and ordered it be filed under seal.

Manglona ordered the defendant to pay a $2,000 fine and $100 in court assessment fee.

Manglona ordered that based on the plea agreement, Otsuji forfeit his interest in $20,000 out of the $40,000 that was seized from him at the time of his arrest.

The judge granted assistant U.S. attorney Russell H. Lorfing’s motion to dismiss the indictment and vacated the jury trial set for Aug. 23, 2016.

The indictment charged the defendant with one count of bulk cash smuggling out of the United States.

Otsuji waived his right to prosecution by indictment and consented to prosecution by information.

The information charged the defendant with one count of failure to report exporting monetary instruments.

Lorfing recommended a one-year probation sentence. He moved for a preliminary order of forfeiture in the amount of $20,000 and stated that this amount would be taken out of the $40,000 that was confiscated.

Thompson concurred with the U.S. government’s recommendation and did not object to the forfeiture of $20,000.

Thompson informed the court that Otsuji would be leaving the island voluntarily.

According to the information, on May 16, 2016, on Saipan, Otsuji knowingly attempted to transport more than $10,000 in currency and other monetary instruments from a place within the United States to a place outside of the U.S.

At the time Otsuji attempted to transport the currency, he knew that he was required to report currency in excess of $10,000 to the Secretary of Treasury but knowingly failed to file such a report in violation of the law.

Federal agents served Otsuji with an arrest warrant last May 17 after the Department of Homeland Security filed a criminal complaint charging him with one count of bulk cash smuggling.

Otsuji then posted bail.

DHS Homeland Security Investigations special agent Everette Route stated in an affidavit that on May 16 he received a call from supervisory U.S. Customs and Border Protection Officer Mark Layman about Otsuji, who during a screening process had been flagged with carrying undeclared currency possibly over $10,000.

Otsuji was scheduled to depart from the Saipan International Airport last May 16 at 4:30pm aboard Delta Airlines flight #297, and fly directly to Narita, Japan.

Route said during a consent search of Otsuji’s golf bag, a CBP officer found eight 100 bundles of $50 bills equaling $5,000 each and totaling $40,000.

The money was wrapped inside tour pamphlets inside the golf bag.

Route said according to Otsuji the money was given to him by Yamaguchi, who allegedly owns a construction and real estate company in Japan.

Route said Otsuji claimed that Yamaguchi asked him to carry the money back to Japan for him.

Otsuji stated that Yamaguchi was also traveling back to Japan on the same flight with him and that he did not know why he did not carry the money himself.

He said Yamaguchi asked him to carry the money and give it back to him when they got to Japan.

Otsuji stated he did not know he had to declare the money on Saipan, but that he would declare the amount in Japan.

Route said asked why he put “$0” in the form, Otsuji explained he did not read the form carefully.