Threatened by CBP to abandon cash

Posted by Jason P. Wapiennik on
Being Forced to Abandon Cash to Customs can Occur by Signing an Election of Proceedings form or Notice of Abandonment form

Based on our sources, I have come to the belief that a good chunk of the notices of seizure and intent to forfeit publications/postings concerning cash seized at the Detroit Metropolitan Airport are the result of an effort, on the part of some CBP officers, to encourage people to abandon their money through such things as the threat of arrest, or the threat of futility. Read the we called “Forced to Abandon Cash to Customs?” from a few months ago about the process (video on the topic here).

The threat of arrest is real, if often improbable. Not reporting currency, smuggling cash, and/or structuring it is a crime, even punishable by prison. But, in our experience, if there is no apparent and obvious connection to illegal activity, CBP will not make an arrest and there will be no criminal prosecution.

At the time of seizure, I’ve had clients tell me they are presented (prematurely…) with an “election of proceedings form”. The election of proceedings form is explained to them in a way that leads the client to believe there only chance of avoiding arrest is to choose to abandon the money and relinquish all rights to it and to future notice; and if they don’t want to abandon it, they will be arrested, will have to go to court, and even if they win, they will only get back a few dollars due to fees and penalties that will be charged. That’s the threat of futility. Why fight if you’ll never win?

This is not true. Never, ever trust the people who are seizing your money to tell you the truth about the best way to get it back. Never take legal advice from anyone who is not a lawyer, especially if that person is has no reason to act in your best interests. Above all, remember, you have the right to remain silent.

With this in mind, last week’s Forfeiture Notice for Detroit contained a high dollar seizure that occured on June 29, 2016, at Detroit Metropolitan Airport. Here’s the excerpt:

2016380700090601-001-0000, Seized on 06/29/2016; At the port of DETROIT, MI; US CURRENCY RETAINED; 437; EA; Valued at $36,090.00; For violation of 31USC5317, 31USC5316,  31CFR1010.340(A), 31USC5324

When faced with a situation where CBP is telling you to abandon the cash or risk everything, it’s the proverbial gun to the head. “Give me your money or your life” situation. Don’t be fooled, the choices CBP may have presented you with are not real. They are false, and might be designed to manipulate you into abandoning your hard earned money.

Did you abandon cash to Customs (CBP)?

If you abandoned your cash by mistake, or by the threat of force or coercion, you need the advice of a customs lawyer, not this article (which is not legal advice). If you were forced to abandon cash to Customs, you can learn more about the process from our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page. You can also watch this video where this topic is discussed: