Were you the target of an airport bulk cash seizure? Did police seize your gambling or other money at a TSA checkpoint? Were you stopped at the gate? Did you fail to declare $10,000+ to U.S. Customs?
No Attorney Fee/Costs in Cash Seizure Cases
Unless We Recover Money
We help people recover money in Federal civil forfeiture claims.
Why was my money seized at the airport?
Law enforcement uses airport bulk cash seizure to disrupt criminal activity. This is done using Federal civil forfeiture laws. When used correctly, civil forfeiture is an effective tool used to fight crime. However, civil forfeiture is applied too broadly, resulting in the seizure of millions of dollars from innocent people every year. Under Federal law, bulk cash is subject to forfeiture if it is illegally sourced or has an illegal use or intended use.
Is it illegal to fly with money?
There is absolutely nothing illegal about flying with money. You are free to travel with as much or as little as you like. For instance, there is no law preventing a professional gambler from flying with a big win from a legal casino.
Think about it – have you ever heard of someone getting arrested at the airport for possession of too much money? No, because that isn’t a crime.
In fact, the Government prints money for the sole purpose of providing all of us with a physical means to exchange, store, and transport value. If you could not possess or transport currency, it would be worthless.
Despite our world’s shift to an electronic payment system, cash is still very much part of the economy. Yes, it is true that criminals use cash – but so do innocent people.
Just remember: Things change when the money has an illegitimate source, an unlawful use, or an unlawful intended use. Not only may the money become subject to civil forfeiture, but you may create criminal liability for money laundering and other charges. The Government still has the burden to prove its allegations.
$10,000+ Declaration Rule
Did you make a mistake declaring currency at the border? Was there a communication problem with a customs officer? Were you not aware that one must declare $10,000 or more even when taking the money out of the United States (and not only when bringing it in)?
Knowing when to declare currency is one of the most misunderstood laws we encounter when handling an airport bulk cash seizure case. People simply do not understand when it is required.
First, you are allowed to fly with bulk cash. There is nothing illegal about it. Flying with cash is not a reason, by itself, to justify airport bulk cash seizure.
Second, the $10,000+ declaration rule only requires you to declare. It does not make flying with cash illegal. All you have to do is fill out a form called FinCen Form 105. This can be done online, at a CBP kiosk, or using a paper form.
Third, this rules DOES NOT APPLY TO DOMESTIC TRAVEL.
You are ONLY required to declare possession of $10,000 or more in U.S. Currency when crossing the border into or out of the United States. Otherwise, you are free to travel throughout the United States with as much or as little currency as you like.
Fourth, when a traveler fails to declare $10,000+ at the border, the money will likely be seized and subjected to civil forfeiture proceedings. Airport bulk cash seizure is common at customs.
We have successfully represented many travelers in Federal civil forfeiture proceedings after they failed to declare $10,000 or more to customs (CBP).
How do I get my money back?
1) Tell us what happened!
Airport bulk cash seizure is common, but what happened in your specific case?
Did law enforcement walk up to you at the gate? Were you stopped at the TSA checkpoint? Were you taken to a room in the airport by yourself?
Source, Use, and Intended Use:
- How did you earn the seized money?
- Where did you get cash?
- Why were you flying with it?
- What did you use or intend to use the money for?
Case Details:
- Did you buy your ticket within 48 hours of flying?
- Were you questioned by law enforcement?
- Did you consent to being searched?
- Was a K9 used?
- Did you check any bags?
- How did you store the money for travel?
- Was the money in any packaging or hidden compartments?
- Were you read your rights?
- Did you feel detained?
- Did you sign anything?
- Were you given any paperwork?
- Did you miss your flight?
- Were you traveling alone?
- Did anything seem wrong or unusual?
2) Assemble your documentation:
Documentation is your star witness! We use it to tell the story of your case in a verifiable fashion. Backing up your claim with proof is key to success.
Why ask a stranger to believe you when evidence will tell the story for you? Evidence gets money back.
The stronger your documentation is, the stronger your claim will be.
- Can you document your income?
- Where did you get the actual cash?
- Why were you flying with it?
- What was the money used for?
- What was the money intended to be used for?
Our defense method is to use evidence and the law to defend your money. Common sources of helpful evidence have included:
- Vehicle auction documents
- Bank records
- Casino records
- Employment records
- Pay stubs
- W2, W9, 1099, etc.
- Tax returns
- Business records
- Business licenses and certificates
- Invoices and sales receipts
- Pay app records
- Investment documents
- Lawsuit settlement documents
- Insurance payout documents
- Business licenses and certificates
- Emails/texts/dm’s
- Phone records
- Other case specific items
Ultimately, we will use this information to build your claim.
3) Building a Claim
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 file a motion to suppress illegally obtained evidence.
We begin by finding answers to questions:
- What are the deadlines in the case? Have any been missed?
- What can the Government prove at trial?
- 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?
What is Administrative Forfeiture?
Administrative forfeiture is an opportunity to resolve your case without going to court. We do this by filing a civil forfeiture claim with the seizing agency.
Before a case is referred to the courts, the seizing agency must send you notice of seizure and give you an opportunity to make a claim.
We have successfully used the Federcal civil forfeiture claim process to recover money seized by Federal law enforcement.
Knowing what how to build a claim and then backing it up with evidence are the foundation of a successful claim.
Depending on the circumstances, we may file a Petition for Remission, Petition for Mitigation, Offer in Compromise, or a request for judicial action.
Our goal is to recover all of your money as quickly as possible.
Questions? Contact Us!
Updated 08-27-2021