US Customs Money Seizure at CBX – What You Need to Know
If you are considering crossing the border through the Cross Border Xpress (CBX) in Otay Mesa with a large sum of money, you need to know that U.S. Customs and Border Protection (CBP) frequently seizes cash from travelers, even when the money is legally earned and there’s no criminal activity involved. Particularly if the total amount, even when split among family and friends, exceeds $10,000 without filing a FinCEN Form 105.
However, all hope is not lost. At San Diego Defenders, we’ve successfully helped many travelers recover all of their cash after a CBX money seizure. Call us today at (619) 258-8888 for a free, confidential consultation. We handle cases nationwide and offer contingency fee agreements, in most cases, where we do not get paid until the case is won!
Why Is CBP Seizing Money at CBX?
CBX is a major pedestrian bridge and port of entry connecting San Diego to the Tijuana Airport. It is a popular, cost-effective, and time-saving choice for international travel between Mexico and the United States. Smart Border Coalition recorded 2,285,000 pedestrians crossing using CBX during 2024.
Due to the high amount of international travel and heavy foot traffic, Customs agents at CBX are particularly vigilant in stopping travelers for reporting violations. If you are entering or leaving the U.S. with more than $10,000 in cash, checks, or monetary instruments, you must file FinCEN Form 105 even if you have split it up between your group of family or friends.
Under 31 U.S.C. § 5316, it is required that anyone bringing in or taking out over $10,000 in cash or monetary instruments must report it using the proper FinCEN Form 105. Failing to report, either intentionally or by mistake, can trigger a Customs airport cash seizure.
If you fail to report, file incorrectly, intentionally hide cash, and/or divide cash between multiple travelers in your group, Customs may seize the money under 31 USC § 5317(c)(2), § 5332(a), or § 5324(c).
Another issue that affects travelers is the FMM form (Forma Migratoria Múltiple), which is a Mexican immigration document required for legal entry into Mexico.
If Customs brings you to secondary questioning and you do not show a correctly filled out FMM, agents may use this to allege that your trip raised suspicion, especially when you’re carrying a large amount of cash among your group.
Recent Successful CBX Money Seizure Case – Full Amount Returned!
One of our recent clients, a licensed medical professional living and working in Mexico, had over $12,190 in U.S. dollars and 23,920 Mexican pesos seized by Customs at CBX.
While our client simply looked to cross with enough money to enjoy their New Year’s vacation, their family was unaware of the Customs airport currency reporting requirement and had divided the money for safety while crossing.
CBP seized the funds under 31 USC §§ 5317(c)(2), 5332(a), 5324(c), and 5326(a)(1)(B), citing a combination of structuring, bulk cash smuggling, and a failure to report.
As the client’s CBX forfeiture attorney, Attorney Dan Smith filed a formal claim (instead of a petition) to ensure the case was handled promptly, protected our client’s due process rights, and was handled attorney-to-attorney, which are all privileges a petition does not provide.
Click here to read more on why San Diego Defenders recommends filing a claim versus a petition when facing a Customs money seizure.
Within the 90-day litigation window, our firm successfully returned the full amount of both U.S. and Mexican currency for our client.
Another recent successful CBX Customs seizure case involved the seizure of 18 luxury watches, valued at over $500,000 in total. Our lawyers triumphed and secured the return of all 18 gold and silver watches to our clients after submitting a claim.
Call San Diego Defenders Today!
If Customs seized your money at CBX, don’t wait and don’t face it alone. You only have 30 days to act, and choosing the wrong election of proceeding could jeopardize the chances of getting your cash back from Customs.
Call San Diego Defenders at (619) 258-8888 today for a free, confidential consultation. With over 35 years of experience in federal defense and a successful track record in Customs airport cash seizure cases, we handle the entire process for you from beginning to end. We fight Customs so you don’t have to, and we get results.
Although we are located in Chula Vista, California, we assist clients at airports nationwide, including those based in Arizona, Texas, Florida, Michigan, Washington, and all other states.
