Why Declaring at the Border Isn’t Always Enough to Avoid CBP Cash Seizure
If you’re planning to travel across the border with more than $10,000 in cash, it’s crucial to know that you must declare it to U.S. Customs and Border Protection (CBP) using the FinCEN Form 105 to avoid a CBP cash seizure.
But what many people don’t realize is that, despite filing a FinCen Form 105 to declare the cash, CBP can still seize it, particularly when you explain the money isn’t yours.
If you are facing a CBP cash seizure, call San Diego Defenders – Forfeiture Law Firm today at (619) 258-8888 for a free, confidential consultation! Attorney Dan Smith has over 35 years of experience in federal defense. See our recent results here. Se habla español.
CBP Cash Seizure Even After Declaration
Federal law (31 USC § 5316) requires travelers to declare their cash or other monetary instruments if the total amount exceeds $10,000 when entering or leaving the country.
However, ownership of that money is just as important as the amount itself.
If CBP officers believe the money is being carried on behalf of another person, they can seize the funds even if the amount is less than $10,000 and properly declared.
Case Example: Family Loses $8,280 at the Border
We recently received a call from a concerned client whose uncle had just crossed the U.S.-Mexico border with $8,280 in cash on their behalf.
Although the uncle declared the amount honestly, CBP still seized their cash. Why?
Because the uncle stated that the funds did not belong to him during secondary inspection.
CBP officers told him that transporting someone else’s money, even with full disclosure, is considered a violation and seized the funds under 18 USC § 981(a)(1)(A) and 18 USC § 1960, citing “Engaging in Unlicensed Money Transmitting Business”.
Officers explained that it is not legal to carry funds across the border for another person without proper licensing or documentation, even if it is not a large amount of funds.
CBP conducted a border cash forfeiture on the spot, and now the person carrying the cash is left to navigate a complex forfeiture process. San Diego Defenders – Forfeiture Law Firm actively helps people get their cash back as soon as possible at as low a cost as possible.
How a Money Seizure Lawyer Can Help – Call Us Today!
At San Diego Defenders – Forfeiture Law Firm, we help clients fight CBP cash seizures.
Whether your money was taken under suspicion of unlicensed money transmitting or other financial crimes, our experienced money seizure lawyer, Dan Smith, will evaluate your case and guide you through the property return process. Call us today at (619) 258-8888 for a free, confidential consultation.
After seizure, you will receive a Notice of Seizure letter in 30-60 days through certified mail, which also includes an Election of Proceedings Form. This form outlines the options to get your property back.
nos cafra cbp w example labelIf you receive a custody receipt with a seizure number, the process can start before you receive the Notice of Seizure letter.
Attorney Smith generally will examine the case to determine the best way to proceed. For instance, petitions give the Government a higher chance to keep your property indefinitely since there is no opportunity to participate in the “due process” of legal arguments. People often write the wrong things in petitions with good intentions, which ultimately leads to permanent forfeiture.
Alternatively, an experienced asset forfeiture attorney will determine the best proceeding to ensure your right to participate in due process.
This has been crucial in successfully representing clients from all over the United States in recovering seized money in states like California, Florida, Texas, New York, Ohio, and even territories such as Puerto Rico.
Call San Diego Defenders – Forfeiture Law Firm at (619) 258-8888 if you or a loved one experienced a CBP cash seizure, even if you declared it. We’re here to help.
