A CBP news release from Baltimore details a currency seizure at Baltimore Washington International Thurgood Marshall Airport — $11,400 taken from a Ghanaian man who arrived from London and repeatedly declared having only $9,500. Officers found significantly more. Here is the full account with commentary:
The passenger, who arrived at BWI from London and was destined for Greenbelt, Maryland, repeatedly declared possessing only $9,500. While examining the passenger’s luggage, CBP officers discovered $11,661 in U.S. currency and foreign currency with a domestic value of $768.
Three Things Worth Unpacking Here
First — CBP’s policy on foreign currency at seizure. CBP’s standard practice is to return foreign currency to the traveler at the time of seizure rather than seizing it along with the U.S. dollars. That is reflected in this case: the $768 in foreign currency was returned along with a small amount of U.S. currency as humanitarian relief. This is worth knowing because travelers sometimes assume that declaring foreign currency separately, or keeping it in a different place than their U.S. dollars, changes the reporting analysis. It does not — foreign currency counts toward the $10,000 threshold at its U.S. dollar equivalent — but it does mean the foreign portion is typically not what gets permanently seized.
Second — Declaring just under $10,000 can still be a violation. The passenger declared $9,500 — just below the reporting threshold. This is worth addressing directly. Some travelers believe that as long as they declare an amount under $10,000, they have no reporting obligation and CBP cannot touch their money. That is wrong on two levels. If the declared amount is false — if you actually have $11,661 and you declare $9,500 — that is a failure to report under 31 U.S.C. § 5316. But beyond that, transporting less than $10,000 with the specific intent to evade the reporting requirement is structuring under 31 U.S.C. § 5324 — a separate federal violation that can subject the money to seizure and the traveler to criminal charges, even if the actual amount carried is genuinely under $10,000.
Third — Filing a report does not automatically protect your money. This is perhaps the least understood aspect of the currency reporting laws. The FinCEN 105 requirement is necessary but not sufficient. Even if you file an accurate report, CBP can still seize your currency if you cannot demonstrate that it comes from a legitimate source and was intended for a lawful purpose. The report tells CBP how much you have. It does not tell them where it came from or what you plan to do with it — and CBP has the authority to inquire further and to seize if the answers are not satisfactory. Bank statements, tax returns, business records, real estate documents, and travel itineraries are the kinds of evidence that support a legitimate source and intended use argument. Someone transporting drug proceeds does not get to keep the money just because they filed the form.
CBP officers seized $11,400 and returned $261 in U.S. currency and all of the foreign currency to the passenger for humanitarian relief. CBP officers also advised the traveler how to petition for the return of his seized currency.
The traveler was told about the petition process at the time of seizure. That is standard procedure — CBP advises travelers that they can file a petition with the Fines, Penalties and Forfeitures office after receiving their formal Notice of Seizure. What CBP does not tell travelers is how to prepare a petition that actually works. The petition is a legal document, not a personal explanation. It needs to address the applicable legal standards, the mitigation guidelines CBP applies, and the specific facts of the case in a way that makes the strongest possible argument for return of the funds. A letter saying “I needed the money for family expenses” is not a petition in the legal sense.
“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges. The traveler was given multiple opportunities to truthfully declare his currency. The easiest way to hold on to your money is to report it.” — Ricardo Scheller, CBP Port Director, Port of Baltimore
The Port Director’s point about multiple opportunities is worth taking seriously. CBP’s practice of giving travelers several chances to correct their declaration before seizing is documented in the enforcement record. This traveler was asked repeatedly and repeatedly declared $9,500. Each denial becomes part of the seizure record and shapes how FP&F evaluates any subsequent petition. A traveler who corrects their declaration when given the opportunity is in a meaningfully different position than one who maintains a false declaration through multiple chances to fix it.
It is also worth noting, as we have discussed elsewhere, that refusing to comply with the reporting requirement is not the only way to get your currency seized. Filing an inaccurate report, structuring a transaction, or being unable to establish legitimate source and intended use can all result in seizure even when the traveler attempted some form of compliance. Read our guide on why you must not contact CBP without an attorney after any of these situations.
Has CBP Seized Your Currency at BWI or Another Airport?
If CBP has seized your cash, do not attempt the petition process on your own. The outcome for unrepresented petitioners is consistently worse than it needs to be. Read our customs money seizure legal guide or watch the video series, and see our currency seizure case outcomes for examples of what experienced representation achieves. Call us at (734) 855-4999, send a text message, or reach us on WhatsApp. You can also contact us online.