Here’s What To Do.
Chicago O’Hare International Airport is one of the most connected airports in the world, with nonstop service to destinations across Europe, the Middle East, Asia, Africa, Latin America, and the Caribbean. That reach makes ORD one of the most active airports in the country for CBP currency enforcement — in both directions. Outbound enforcement at O’Hare is especially aggressive, with CBP regularly intercepting unreported cash on departing international flights. If your money has been seized at O’Hare, you need experienced legal counsel and you need to act quickly.
Do not call CBP’s Fines, Penalties and Forfeitures office to explain yourself. Do not write a letter or submit any documentation without an attorney reviewing your case first. The administrative forfeiture process is adversarial, the deadlines are strict, and every statement you make after a seizure is part of the record.
Great Lakes Customs Law has handled currency seizure cases at O’Hare for years. Our Chicago office is a short walk from CBP’s Fines, Penalties and Forfeitures office — we know how this office operates and how it evaluates cases. Read on to understand what happened, what you are facing, and how we can help.
Why O’Hare Is a High-Enforcement Currency Airport
O’Hare’s route network is unusually broad for a U.S. inland airport. Direct flights connect Chicago to the Middle East, South Asia, East Africa, Central Asia, and Eastern Europe — corridor routes that have historically been associated with elevated rates of unreported currency. Outbound enforcement at ORD targets cash moving to these destinations in particular.
Jason Wapiennik, founding attorney of Great Lakes Customs Law, has documented O’Hare currency enforcement trends over many years. Seizure patterns at ORD shift with Chicago’s immigrant communities and the economic conditions in countries those communities maintain ties to. In earlier years, a significant spike in O’Hare seizures involved travelers of Mongolian nationality, driven by direct flights between Chicago and Ulaanbaatar and changing economic conditions in Mongolia. Travelers heading to Pakistan, Jordan, Nigeria, India, and other destinations with strong Chicago diaspora connections have also been frequent subjects of outbound enforcement operations at ORD. CBP enforcement priorities at O’Hare reflect these demographic and economic realities — and an experienced customs attorney understands how to navigate them.
All international arrivals and departures at O’Hare process through Terminal 5, where CBP’s public counter is located at the lower level near baggage carousel 12. This is where FinCEN 105 forms must be filed and where outbound enforcement examinations take place. Departing international passengers required to file a FinCEN report must do so at this counter before boarding.
Common Reasons CBP Seizes Cash at O’Hare
Under 31 U.S.C. § 5316, any person traveling internationally with more than $10,000 in currency or monetary instruments must file a FinCEN 105 form with CBP at the point of arrival or departure. The requirement applies to U.S. citizens and foreign nationals alike, and to both inbound and outbound travel. The most common violations at O’Hare include:
- Failure to report on departure — Cash being carried out of the United States on an international flight without a FinCEN 105 filing. Given O’Hare’s outbound enforcement focus, this is among the most common scenarios. CBP conducts outbound currency verification examinations as a standard practice at ORD.
- Failure to report on arrival — Travelers arriving on international flights who do not declare currency over $10,000 at the time of entry.
- Bulk cash smuggling — Currency concealed in luggage, personal effects, or clothing with intent to evade the reporting requirement, charged under 31 U.S.C. § 5332. O’Hare has seen documented cases of cash hidden in books, magazines, photo albums, and sealed garment bags. This is the most serious violation and carries the highest risk of permanent forfeiture.
- Structuring — Dividing funds among family members or travel companions to keep individual amounts below $10,000, charged under 31 U.S.C. § 5324. CBP treats a traveling group as a single reporting unit.
Outbound Enforcement at O’Hare: What Departing Travelers Need to Know
Most travelers are aware that customs officers screen incoming passengers. Fewer understand that CBP conducts dedicated outbound enforcement operations at O’Hare targeting currency leaving the United States. These are not incidental screenings — they are structured enforcement operations in which officers actively select passengers on international departures for currency verification examinations before boarding.
In 2018, CBP officers at O’Hare intercepted a traveler concealing $107,360 during an outbound enforcement operation on a flight to Jordan. In 2011, a family traveling to Pakistan was found to have hidden $125,849 in bulk currency throughout their luggage and personal effects — concealed in books, magazines, photo albums, and sealed packaging. CBP officers described finding concealed currency “everywhere they looked.” Both seizures were characterized by CBP as involving bulk cash smuggling — a more serious charge than failure to report, carrying higher forfeiture exposure even when the funds are ultimately proven to be legitimate.
If you are departing O’Hare on an international flight and carrying more than $10,000, you must file a FinCEN 105 at the Terminal 5 CBP counter before boarding. Failing to do so — even with entirely legal funds — gives CBP grounds to seize the money.
What Happens After a Cash Seizure at O’Hare
At the time of seizure, CBP will issue a Custody Receipt for Seized Property. Within 60 days, the Fines, Penalties and Forfeitures office will send a Notice of Seizure and Information to Claimants by certified mail, along with the Election of Proceedings form. You must choose how to respond. Your three options are:
- Administrative Petition for Remission or Mitigation — You ask CBP to return all or part of the money through an internal review, keeping the matter out of federal court. A well-constructed petition demonstrating the legitimacy of the funds is the most common path to recovery.
- CAFRA Seized Asset Claim — You formally contest the seizure and demand federal court proceedings, shifting the burden of proof to the government. This is a higher-risk option but can be effective when the facts support it.
- Offer in Compromise — You propose a settlement, paying a portion of the seized amount to secure return of the remainder.
The right choice depends on the specific facts of your case — the amount seized, the violation alleged, the strength of your documentation, and your goals. Read our detailed guide to the Election of Proceedings form and our analysis of which option is best for your situation.
Act Before the Deadline
Once the Notice of Seizure is issued, you generally have 30 days to file an Election of Proceedings. Miss that window and CBP may proceed with administrative forfeiture — the money is gone with no court review and no further recourse. There is no grace period.
Do not contact the FP&F office on your own in the meantime. Do not make any statements about the money or its source without counsel. Read our guide on why you must remain silent after a currency seizure.
What Evidence Will You Need
Regardless of the proceeding you elect, you will need to affirmatively demonstrate that the seized funds came from a legitimate source and were intended for a lawful purpose. CBP does not presume legitimacy — the burden falls on you. Supporting documentation typically includes bank records and withdrawal history, tax returns and income documentation, business records and contracts, statements from family members or business partners, currency exchange records, and any documentation specific to the circumstances of your travel or the intended use of the funds.
For travelers whose primary language is not English — common in O’Hare cases given Chicago’s diverse international community — building a persuasive record for a U.S. government reviewer requires an attorney who understands both the legal standards and the practical realities of your situation. Read our full guide to evidence and documentation for currency seizure cases.
Chicago’s CBP Fines, Penalties and Forfeitures Office
Currency seizures at O’Hare are processed through the CBP Chicago Area Port (port code 3901) and its associated Fines, Penalties and Forfeitures office. Great Lakes Customs Law’s Chicago office is located at 333 S. Wabash Avenue — a short walk from the CBP FP&F office. We have handled O’Hare seizure cases for years and have a working knowledge of how the Chicago FP&F office approaches these matters. That familiarity is a practical advantage in building and presenting your case.
Our Results at O’Hare and Nationwide
Great Lakes Customs Law has represented clients with currency seizures at Chicago O’Hare and at ports of entry across the country. Jason Wapiennik has handled more than 700 currency seizure cases and recovered more than $11 million for clients nationwide. For O’Hare cases specifically, our Chicago office presence means you are working with an attorney who is geographically close to the FP&F office handling your case — not an out-of-state firm working remotely.
See our currency seizure case results.
Get a Free Consultation Today
If CBP has seized your cash at Chicago O’Hare International Airport, contact our Chicago office directly at (773) 920-1840, or reach us through the contact options on this page for a free currency seizure consultation. The sooner we review your case, the more options are available to fight for a full recovery.
Read our full CBP Money Seizure Lawyer’s Guide to understand the process from seizure through recovery.