Was your money seized at JFK Airport? Were you stopped at the gate? Did TSA find money in your bags? Did you fail to declare $10,000+ in U.S. Currency to customs (CBP)?
No Attorney Fee/Costs in Cash Seizure Cases
Unless We Recover Money
- We help people recover money in Federal civil forfeiture claims.
- We aim to recover all of our clients’ money as quickly as possible.
Money Seized at JFK Airport & the Law
Is it illegal to fly with cash?
No, so long as the money has a lawful source and a lawful use/intended use. You are free to travel with as much or as little cash as you want.
Think about it: Have you ever heard of someone getting arrested for possession of too much cash at the airport? No, because that isn’t a crime.
Just because it was taken from you, does not mean you did anything illegal.
What is the $10,000+ declaration rule?
The $10,000+ declaration rule is one of the most confusing rules we are asked about.
First and foremost, this rule is a customs law. It only applies when crossing the border into or out of the United States. It does not apply to domestic travel.
Second, the only thing a traveler has to do is “declare” if they are traveling with $10,000 or more in U.S. Currency or negotiable monetary instruments (checks). To do so, a traveler can submit a FinCEN Form 105 to CBP.
Per CBP: “There is no limit on the amount of money that can be taken out of or brought into the United States. However, if a person or persons traveling together and filing a joint declaration (CBP Form 6059-B) have more than $10,000 in currency or negotiable monetary instruments, they must fill out a “Report of International Transportation of Currency and Monetary Instruments” FinCEN 105 (former CF 4790).
Please be aware, if persons/family members traveling together have more than $10,000, they cannot divide the currency between each other to avoid declaring the currency.
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. If a person or family fails to declare their monetary instruments in amounts more than $10,000 their monetary instrument(s) may be subject to forfeiture and could result in civil and or criminal penalties.
The FinCEN 105 form can be obtained prior to traveling or when going through U.S. Customs and Border Protection (CBP). If assistance is required, a CBP officer can help with filling out the form.
Why was my money seized at JFK Airport?
Law enforcement uses civil forfeiture to disrupt criminal activity at the airport. However, civil forfeiture laws are applied too broadly, resulting in the seizure of millions of dollars from innocent people.
The Good News:
As crazy as your experience was, Federal law gives us two chances to claim your money: Administrative Forfeiture and Judicial Forfeiture.
Using the law and evidence, we have been very successful at getting money back for our clients.
Claim Your Money!
1) Tell us what happened!
- Were you flying on a one-way ticket?
- Did you buy your ticket within 24-48 hours of travel/
- Were you stopped at the gate?
- Did they call you out by name?
- Did TSA screeners find money in your bags?
- How was the money packaged?
- Were you questioned in a private room?
- Were you flying to/from a legal cannabis state?
- Was a K9 used to “alert” on your bags or money?
- Did you sign anything?
- Did they give you any paperwork?
- Did you feel detained or free to leave?
- Did anything look wrong or unusual?
- How many officers/agents were part of this encounter?
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:
- Were you questioned by law enforcement?
- Did you consent to being searched?
- How did you store the cash for travel?
- Was the money in any packaging or hidden compartments?
- Were you read your rights?
- Did you miss your flight?
- Were you traveling alone?
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 win-loss 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
We use this information to make your claim stronger by backing it up with proof.
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.
We begin by finding answers to case specific questions, such as:
- 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?
Depending on the circumstances, we may be able to use administrative forfeiture to resolve your case without going to court.
We do this by filing an administrative civil forfeiture claim with the seizing agency. Since money seized at John F. Kennedy International Airport is frequently seized by Federal law enforcement, we may be able to file a Federal forfeiture claim for you.
We have successfully used the Federal civil forfeiture claim process to recover money seized at many of our Nation’s airports.
Depending on the circumstances regarding money seized at JFK Airport, we may file a Petition for Remission, Petition for Mitigation, Offer in Compromise, or a request for judicial action.
Questions? Contact Us!
Updated 12-07-2020