Was your money seized at Sacramento Airport (SMF) by Federal law enforcement? 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.
Money Seized at Sacramento Airport & the Law
1) Is it illegal to fly with money?
No! There is nothing illegal about flying with money. You are free to travel with as much or as little as you like.
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.
However, if you are using the airport to launder money, you already know that is illegal and the money may be subject to forfeiture. Regardless, the Government must be able to prove its allegations with evidence.
2) What is the $10,000+ declaration rule?
Knowing when to declare currency is one of the most misunderstood laws we encounter in airport money seizure cases.
What You Need to Know
First, the $10,000+ declaration rule only applies when crossing the border into or out of the United States. It does not apply to domestic travel.
Second, all you have to do is “declare” – that is it.
If you are traveling with $10,000 or more in U.S. Currency or negotiable monetary instruments (checks), including as a group, you must make it known to U.S. Customs before you cross the border. This is done by submitting a special form called a FinCEN 105.
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.”
We have successfully helped many travelers recover seized cash after they failed to declare $10,000 or more to U.S. Customs (CBP)
How do I get seized money back?
1) Tell us what happened!
Was your money seized at Sacramento Airport (SMF)? While these cases typically have the same legal components, each one is unique.
Case Details:
- Did you buy your ticket within 24-+48 hours of flying?
- Were you questioned by law enforcement?
- Did you consent to being searched?
- Was a K9 used to “alert” on your bags or money?
- Did you check any luggage?
- 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, unusual, or out of place?
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?
2) Assemble your documentation!
Documentation is your star witness! We use it to tell the story of your case in a verifiable fashion.
The stronger your documentation is, the stronger your claim will be.
- Where did you get the actual cash?
- How do you earn a living?
- Why were you flying with this money?
- 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.
In past cases, we have successfully used the following:
- Vehicle auction documents
- Bank records
- Casino records
- Lawsuit settlement documents
- Insurance payout documents
- 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
- Business licenses and certificates
- Emails/texts/dm’s
- Phone records
- Other case specific items
Ultimately, we will use this information to challenge the allegations made by law enforcement against your money.
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.
Sample Factual Defenses:
- Proof of legitimate source
- Proof of legitimate use
- Lack of Gov’t evidence
- Weight of evidence
- Conflict in the Govt’s evidence
- Witness credibility
Sample Legal Defenses:
- Deadline failure
- Illegal search and seizure
- Illegal stop and detention
- Unlawful interrogation
- Inadmissible evidence
- Due Process violations
- Discovery violations
- Jurisdictional violations
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?
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 Sacramento International Airport is frequently seized by the DEA, we may be able to file a Federal forfeiture claim for you.
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. The point of a claim is to give you Due Process before taking your property permanently.
We have successfully used the Federal civil forfeiture claim process to recover money seized by by the DEA at Sacramento International Airport.
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 12-07-2020