In June 2013, a traveler arrived at Baltimore Washington International Thurgood Marshall Airport on a flight from London, bound for Greenbelt, Maryland. Asked how much money he was carrying, he said $9,500. He was asked again and gave the same figure. A baggage examination turned up $11,661 in U.S. currency plus foreign currency worth about $768.
CBP seized $11,400. Officers returned $261 in U.S. currency and all of the foreign currency to him as humanitarian relief, and explained how to petition for the rest.
The number he chose is the interesting part. $9,500 is not a random figure. It is a figure selected because it sits just under a threshold, and it reflects a belief about the law that is wrong in more than one direction.
Declaring Under $10,000 Is Not a Safe Harbor
Some travelers believe that as long as the number they say is below $10,000, no reporting obligation exists and CBP has no basis to act. That is wrong on two separate levels.
The declaration has to be true. If you are carrying $11,661 and you say $9,500, you have not avoided the requirement. You have failed to comply with it, and you have done so in a way that is documented and easily disproved. That is a failure to report under 31 U.S.C. § 5316.
Breaking an amount up is its own offense. Where a traveler splits funds across people or trips so that no single amount crosses the threshold, that is structuring under 31 U.S.C. § 5324, and the money can be seized even though no individual sum exceeded $10,000. A person genuinely carrying $9,500 and nothing more has no obligation and no exposure. A person carrying $9,500 as one piece of a larger sum arranged to stay under the line is in a different position entirely.
Foreign currency counts, and it is seizable
Foreign currency counts toward the $10,000 threshold at its U.S. dollar equivalent, and it is subject to seizure like any other monetary instrument. In this case officers returned the foreign portion, but that was discretionary humanitarian relief in a specific set of circumstances, not a rule travelers can rely on. Keeping foreign currency separate from dollars changes nothing about the calculation.
Repeated Denials Become Part of the Record
The port director’s statement noted that the traveler had been given multiple opportunities to declare accurately. That is worth taking seriously rather than reading as agency messaging.
Officers commonly ask more than once, and each answer is recorded. A traveler who corrects the figure when given the chance is in a meaningfully better position than one who holds to a false number through several opportunities to fix it. By the time the case reaches the Fines, Penalties and Forfeitures office, the repeated denial is in the file, and it undercuts the arguments that would otherwise be available about confusion, language, or unfamiliarity with the form.
What a repeated denial costs
At $11,400, this seizure sat within the band where CBP’s mitigation guidelines set a standard remission amount of $500, and well under the $25,000 ceiling for on-site relief. Relief at the port was not granted here. Establishing legitimate source and intended use on the spot is difficult in any case, and it is considerably harder after two false answers.
Filing the Form Is Necessary, Not Sufficient
This is the least understood part of the reporting regime, and it applies even to travelers who do everything right at the counter.
A FinCEN Form 105 tells CBP how much money you have. It does not tell them where it came from or what it is for. Officers can inquire further, and money can be seized where a traveler cannot establish that it has a legitimate source and a lawful intended use, even where the report itself was accurate and timely. Filing the form is not a receipt.
The evidence that carries weight is documentary: bank statements, tax returns, business records, property documents, loan paperwork, and an itinerary consistent with the stated purpose. Assemble it before you travel, and keep it accessible rather than in checked luggage.
Being Told About the Petition Is Not Being Told How to Write One
Officers advised this traveler that he could petition. That is standard procedure and it is the end of what a seizing officer does. The formal Notice of Seizure follows by mail, with an election of proceedings form and a deadline.
A petition for remission or mitigation is a legal document rather than a personal explanation. A serious one sets out a factual narrative consistent with the existing record, attaches documentary proof of source and intended use, addresses the governing statutes, and argues the mitigating and aggravating factors under CBP’s own guidelines. A letter explaining that the money was needed for family expenses, with nothing attached, gives the deciding officer nothing to act on.
Before any of that, there is the question of what not to do. Our page on why claimants should not call CBP after a currency seizure covers the post-seizure missteps that make cases harder, and our customs money seizure guide sets out the process and the deadlines. Outcomes depend heavily on the specific facts and the documentation available.
Cash Seized at BWI or Another Airport?
Great Lakes Customs Law handles currency seizures at airports and ports nationwide. Contact us for a confidential case evaluation.
Frequently Asked Questions
Is it safe to declare an amount just under $10,000?
Only if it is true. A false declaration is a failure to report regardless of the number chosen. And where funds have been split across people or trips to stay below the threshold, that is structuring, which is a separate violation.
Does foreign currency count toward the $10,000?
Yes, at its U.S. dollar equivalent, and it is subject to seizure. Officers sometimes return a foreign portion as discretionary humanitarian relief, but that is not a rule and should not be relied on.
If I file the FinCEN 105 correctly, can CBP still seize my money?
Yes. The form reports the amount; it does not establish where the money came from or what it is for. Currency can be seized where a traveler cannot demonstrate a legitimate source and lawful intended use, even with an accurate report on file.
Does it matter that I gave the wrong number more than once?
It does. Each answer becomes part of the seizure record. Correcting a figure when given the opportunity leaves arguments available that a maintained false declaration forecloses.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading it, or contacting Great Lakes Customs Law through this website, does not create an attorney-client relationship. CBP’s mitigation guidelines govern that agency’s internal operations and create no right, privilege, or benefit for any person. Laws, regulations, and CBP procedures change, and the outcome of any customs seizure or forfeiture matter depends heavily on its specific facts and circumstances. No result is guaranteed or implied. You should consult a licensed attorney about your particular situation before taking or refraining from any action.