If you are detained by U.S. Customs and Border Protection (CBP) for traveling internationally with more than $10,000 in cash, do not speak to CBP without legal counsel — even if you believe you have done nothing wrong.
CBP is a law enforcement agency. Officers are trained in interrogation tactics designed to elicit statements that can be used against you — not just in criminal proceedings, but in the administrative process of recovering your seized money. They may ask rapid-fire questions, use multiple agents to overwhelm you, or approach you when you are tired, jet-lagged, or rushing to catch a flight. The goal is to get you talking before you have time to think carefully about what you are saying.
How Talking Can Hurt Your Case — Even If You Are Never Charged
Most currency seizure cases are handled through civil forfeiture, not criminal prosecution. But the statements you make to CBP during the seizure or afterward are used in the civil process too. Here is how talking can directly undermine your ability to get your money back:
You may not remember the source clearly. Under pressure, you might give a vague or incorrect explanation about where the money came from. Later, when you try to provide bank statements, tax returns, or other documentation, your records may not match what you told the officer. CBP will treat this discrepancy as a credibility problem — even if the true explanation is simply that you were nervous and misspoke. Once your credibility is questioned, the Fines, Penalties & Forfeitures officer reviewing your case will view everything you submit with greater skepticism.
You may lock yourself into a story. Once you tell CBP a version of events, you are stuck with it. If that version does not align with your bank records, business transactions, or other documentation, CBP may deny your petition for remission. You have essentially narrowed your legal options by speaking too soon. An attorney reviewing the full picture might have identified a stronger explanation — but if you have already committed to a different narrative on the record, it becomes much harder to change course.
You may trigger more serious allegations. Statements that seem innocent can be interpreted as evidence of more serious violations. Saying the money is “for a friend” might suggest that someone else is the true owner, complicating your claim. Saying you “didn’t think you had to report it” might be taken as an admission of intent. Explaining that you “split the money with your wife” gives CBP grounds to allege structuring. Even if you are not charged criminally, these statements can justify CBP keeping a larger portion of your money or denying your petition entirely.
Language barriers create serious risks. If English is not your first language, you are especially vulnerable during CBP questioning. A simple mistake in phrasing can be interpreted as an admission of guilt or an inconsistency. CBP officers may not provide a qualified interpreter, and their written notes of your statements may not accurately capture what you intended to say. These notes become part of the official record and will be reviewed by the FP&F officer deciding your case.
You may waive protections without realizing it. By voluntarily answering questions, you may be waiving your right to remain silent in ways that affect both the civil forfeiture process and any potential criminal case. Once you start talking, it becomes harder to later invoke your right to silence — CBP and prosecutors may argue that your selective silence on certain topics is itself suspicious.
Why You Should Not Call CBP After the Seizure
After the seizure, CBP officers may tell you to call the Fines, Penalties & Forfeitures (FP&F) office in a few days to verify your address or discuss your situation. Other travelers call CBP on their own to ask why they have not yet received their notice of seizure or to find out what is happening with their case.
Do not call CBP. Calling is the equivalent of volunteering for a police interview. Even what seems like a casual or administrative phone call can be used to build a case against you or to justify denying the return of your money. CBP officers may:
- Record your statements or take detailed notes
- Ask leading questions about the source and intended use of the money
- Ask you to confirm or clarify details that conflict with the record from the seizure
- Use your answers to support allegations of failure to report, structuring, or bulk cash smuggling
If CBP has a correct mailing address for you, they are required to send you a notice of seizure — typically within 60 days. You do not need to call to make that happen. If you are concerned about whether CBP has your correct address, have your attorney contact them on your behalf.
What You Should Do Instead
The safest course of action after a currency seizure is straightforward:
Say nothing to CBP. At the time of the seizure, you can provide your identification and basic biographical information, but you are not required to answer questions about the source, destination, or purpose of the money. You have the right to remain silent, and you should exercise that right. If pressed, you can say: “I would like to speak with an attorney before answering any questions.”
Do not call CBP afterward. Wait for the notice of seizure to arrive by mail. If it does not arrive within 60-90 days, contact an attorney — not CBP.
Contact a currency seizure attorney immediately. The sooner you have legal representation, the better protected you are. An attorney can communicate with CBP on your behalf, ensure that no harmful statements are made, and begin building the evidence package you will need for your Election of Proceedings response.
Start gathering documentation. While you wait for the notice of seizure, begin collecting evidence of the legitimate source and intended use of the seized funds. This includes bank statements, tax returns, pay stubs, business records, gift documentation, and any other records showing where the money came from and what it was for. Your attorney will help you organize this evidence for maximum impact.
Your Right to Remain Silent Is Real — Use It
Many people are uncomfortable exercising their right to remain silent because they feel it makes them look guilty. This is understandable — but it is the wrong way to think about it. CBP officers handle thousands of seizures. They are not making personal judgments about whether you look guilty. They are building a file. Every statement you make goes into that file, and that file will be used to decide whether you get your money back.
The single best thing you can do to protect your money and your rights after a seizure is to say as little as possible and let your attorney speak for you.