Was your money seized by US Customs? Did you fail to declare $10,000 or more when entering or leaving the United States? U.S. Customs seizes millions of dollars every year simply because travelers did not fill out the proper form. Our law firm focuses on fighting these money seizures.
No Attorney Fee / Costs
in Cash Seizure Cases Unless We Recover Money
We help people recover money in Federal civil forfeiture claims.
Whether you are a novice traveler, from another country, or maybe speak English as a second language, it is very common for travelers to make a mistake when crossing the U.S. border with cash.
In most cases, a failure to declare cash is not sinister – especially when there is a language barrier, a cultural difference, or someone with limited travel experience.
Money Seized by US Customs & the Law
Is it illegal to travel with cash?
NO, it is NOT illegal to travel with cash!
You are free to travel with as much or as little of your cash as you like. You are also free to cross the U.S. border with it.
Failure To Declare
When crossing the border into or out of the United States, travelers must “declare” if they have $10,000 or more in U.S. Currency or negotiable monetary instruments (such as checks). Additionally, when groups of people or family members traveling together have more than $10,000, they cannot divide the currency between each other to avoid declaring the currency. Doing so is called “structuring” to avoid a reporting requirement and is a crime.
For example, if one person is carrying $5,000 and the other has $6,000, they have a total of $11,000 in their possession and must report it on a FinCEN 105 form.
When money seized by US Customs at the border, it is usually because travelers failed to declare $10,000 or more. To avoid this problem, travelers with $10,000 or more should submit a FinCen Form 105.
Money Seized by US Customs
How do I get my money back?
1) Tell us what happened!
- Where was your money seized? Airport or border checkpoint?
- What was your departure city? What was your destination?
- What was the purpose of your trip?
- Were you traveling alone or with others?
- How much U.S. Currency did you possess?
- How much U.S. Currency did your travel companions possess?
- Was any amount declared to customs? If so, how much?
- Are you a first time or inexperienced traveler?
- How many times have you entered or exited the United States in the last five years (approximately)?
- Did CBP ask any questions? What did you answer?
- What is your native language?
- Are you comfortable speaking in English?
- Was there a communication barrier?
- Did customs provide a translator?
- How do you earn a living?
- Where did you get the actual paper cash?
- Why were you traveling with it?
- What was the money used for?
- What was the money intended to be used for?
2) Lets assemble your documentation!
Documentation is your star witness! Because the Government does not know you, we need to give them a reason to believe you.
This is done by backing up our defenses with documentation and other evidence. The better your documentation is, the stronger your claim will be.
3) Attack from both sides!
We attack every case from two directions:
- Factual Defenses
- Legal Defenses
Factual defenses attack the substance of a case. For instance, we may use employment records to prove you have a legitimate income.
Legal defenses attack the procedure of a case. For example, we may motion the court to suppress inadmissible evidence.
- What are the deadlines in the case? Have any been missed?
- What can the Government prove at trial?
- Is any evidence subject to the Exclusionary Rule?
- Where is their case strong? Where is it weak?
- What evidence are they expected to use?
- To what extent is their case circumstantial?
- Who is likely to prevail at trial?
- Was there an illegal search and seizure?
- Was there an illegal interrogation?
- Can admissibility of evidence be challenged?
- Can evidence be rebutted or impeached?
- Do you have any affirmative defenses?
- Are you an innocent owner?
- Are you an innocent buyer or seller for value?
- Are you an innocent bailor/bailee?
08-24-2021