A currency seizure news release out of Boston — well, Baltimore Washington International Airport — presents a case that is useful for illustrating several of the most common and costly misconceptions about the currency reporting requirement. The original CBP release is available here. Here is what happened:
U.S. Customs and Border Protection at Baltimore Washington International Thurgood Marshall Airport seized $16,000 from a Nigerian couple for violating federal currency reporting regulations. The passengers, who arrived at BWI from London and were destined for Essex, Maryland, repeatedly declared possessing only $10,000 and presented two envelopes to CBP officers containing the equivalent of $10,345 in U.S. and foreign currency. CBP officers explained the currency reporting requirements and again asked the couple if they were carrying any more currency or monetary instruments, to which the passengers stated they were not. While examining the passengers’ luggage, CBP officers discovered another envelope wrapped in clothing that contained $6,200, bringing the total to $16,545.
Three Common Misconceptions This Case Illustrates
This case is worth examining carefully because it touches on three of the most frequent misunderstandings we encounter in currency seizure consultations — and each one cost this couple their money.
1. U.S. and Foreign Currency Both Count
The couple presented two envelopes containing the equivalent of $10,345 in U.S. and foreign currency combined. The FinCEN 105 reporting requirement applies to all monetary instruments — U.S. dollars, foreign currency, traveler’s checks, money orders — converted to their U.S. dollar equivalent. A traveler carrying $6,000 in U.S. dollars and €4,000 in euros has more than $10,000 in monetary instruments at current exchange rates and must report the full combined amount. Foreign currency does not get a separate threshold or a separate exemption. Everything counts together.
2. Traveling Companions Must Declare All Money Together
The couple presented their currency in two envelopes — one each, presumably. This is consistent with the common belief that the $10,000 threshold applies per person, so a couple traveling together could each carry $9,999 without triggering the requirement. As we have explained elsewhere, that is not how the law works. CBP treats traveling companions as a single reporting unit. The combined amount of currency being carried by everyone in the group is what matters. A couple declaring $10,345 combined — with $6,200 more found in their luggage — had $16,545 total, all of which was required to be reported on a single FinCEN 105 covering the full amount.
3. You Must Report the Full Amount — Not Just the Excess Over $10,000
Even setting aside the concealed $6,200, this couple appears to have believed that declaring exactly $10,000 (or just over it) satisfied their obligation. It does not. The reporting requirement under 31 U.S.C. § 5316 requires reporting the total amount of currency being transported when that total exceeds $10,000. You do not report only the amount above the threshold — you report everything. A FinCEN 105 filed for $10,345 when you are actually carrying $16,545 is an inaccurate declaration, and the entire $16,545 is subject to seizure — not just the $6,200 that was not disclosed.
The Concealment Element — Another Violation on Top
The $6,200 was found in an envelope wrapped in clothing inside the couple’s luggage — concealed rather than simply undeclared. That concealment is the factual basis for a potential bulk cash smuggling allegation under 31 U.S.C. § 5332, which carries higher civil penalty exposure than a straightforward reporting violation. A straight failure to report under § 5316 carries a civil penalty up to the amount of the unreported currency. A bulk cash smuggling finding under § 5332 can result in a civil penalty of up to 50% of the total seized amount — in this case, up to $8,272.
The fact that the couple declared $10,345 does not insulate them from the smuggling allegation on the $6,200 that was wrapped in clothing. CBP’s position is that intentionally concealing even a portion of the currency — while declaring only part of it — demonstrates awareness of the reporting requirement combined with a deliberate choice to evade it on the hidden portion.
The Declared Amount Did Not Protect Them
This is worth stating explicitly: even though the couple proactively presented $10,345 to CBP officers, all $16,545 was seized. The amount they declared provided no protection for itself or for any other amount. Under 31 U.S.C. § 5317, when a currency reporting violation occurs, the entire amount involved in the transaction is subject to forfeiture — not just the unreported portion. CBP seized everything, returned nothing beyond what was voluntarily presented, and the couple now faces the election of proceedings process to try to recover their money.
Multiple Opportunities — Multiple Denials
As in many of these cases, CBP gave the couple multiple opportunities to correct their declaration. Officers explained the reporting requirements. Officers asked again whether they were carrying any additional currency. The couple stated they were not. Then officers found the additional $6,200 in their luggage. That sequence — explicit opportunity to correct, explicit denial, currency found — is the pattern that makes a petition most difficult to win. The petition for remission or mitigation will need to address those denials directly and persuasively. Read our guide on why you must not contact CBP without an attorney after a seizure — additional statements made without counsel will only add to the record of denials.
Has CBP Seized Your Currency?
If CBP has seized your cash at BWI, Philadelphia, or any other East Coast airport, contact us before taking any other steps. Read our customs money seizure legal guide or watch the video series, and see our currency seizure case outcomes. Call us at (734) 855-4999, send a text message, or reach us on WhatsApp. You can also contact us online.