Here’s What to Do.
Newark Liberty International Airport is the second-busiest airport in the New York metropolitan area and a major international hub, serving tens of millions of passengers annually on routes to Europe, South America, the Caribbean, Asia, and the Middle East. As the primary hub for United Airlines, EWR processes a high volume of international traffic — and CBP currency enforcement at Newark is active on both arriving and departing flights. If your cash has been seized at Newark Liberty, you need to act before your deadline and you need experienced legal counsel.
Do not contact 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 deadlines are strict, the process is adversarial, and what you say after a seizure will be part of the record.
Great Lakes Customs Law has handled currency seizure cases at New York-area airports and at ports of entry nationwide. Read on to understand what happened, what you are facing, and how we can help.
EWR vs. JFK: Two Airports, One Enforcement Framework
Many travelers are familiar with JFK’s reputation for currency enforcement — the Institute for Justice documented that JFK accounted for 19% of all reporting-violation currency seized at U.S. airports between 2000 and 2016 while handling only 4% of air travelers. Newark Liberty operates under the same legal framework and the same CBP New York Field Office jurisdiction, but serves a meaningfully different passenger base. EWR’s route network is particularly strong for transatlantic routes to Europe, South American corridors to Brazil, Colombia, and beyond, and Caribbean destinations. These corridors carry their own enforcement profile distinct from JFK’s heavy Asia and Middle East focus.
If your seizure occurred at Newark rather than JFK, the process, the applicable law, the deadlines, and your options are identical. What differs is the specific FP&F office handling your case and the enforcement patterns that characterize Newark’s international passenger mix.
Common Reasons CBP Seizes Cash at EWR
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 time of arrival or departure. The requirement applies equally to U.S. citizens and foreign nationals, and to both inbound and outbound travel. The most common violations at Newark include:
- Failure to report on arrival — Travelers arriving on transatlantic or international flights who do not declare currency over $10,000 at the time of entry.
- Failure to report on departure — Cash being carried out of the United States without a FinCEN 105 filing. Outbound enforcement at EWR is particularly active on routes to South America, the Caribbean, and Europe.
- Inaccurate declaration — Declaring an amount less than what is actually being carried. A material discrepancy between the declared amount and the amount found gives CBP grounds to seize the full amount, not just the undeclared portion.
- Structuring — Dividing funds among travel companions to keep individual amounts under $10,000, charged under 31 U.S.C. § 5324.
- Bulk cash smuggling — Currency concealed in luggage or personal effects with intent to evade the reporting requirement, charged under 31 U.S.C. § 5332.
What Happens After a Cash Seizure at Newark
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.
- CAFRA Seized Asset Claim — You formally contest the seizure and demand federal court proceedings, placing the burden of proof on the government.
- Offer in Compromise — You propose a settlement, paying a portion of the seized amount in exchange for return of the remainder.
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 deadline and CBP may proceed with administrative forfeiture — the money is gone without any court review. There is no grace period.
Do not contact the FP&F office on your own. Read our guide on why you must remain silent after a currency seizure.
What Evidence Will You Need
Regardless of which 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. The burden falls entirely 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 documentation specific to the circumstances of your travel or the intended use of the funds.
Read our full guide to evidence and documentation for currency seizure cases.
Newark’s CBP Area Port
Currency seizures at Newark Liberty International Airport are processed through the CBP New York/Newark Area Port (port code 4601), under the jurisdiction of the CBP New York Field Office. CBP processes international arrivals at Terminal B. Great Lakes Customs Law works with FP&F offices at ports across the country, including within the New York Field Office jurisdiction, and understands how these offices evaluate and decide seizure cases.
Our Results at Newark and Nationwide
Great Lakes Customs Law has represented clients with currency seizures at New York-area airports 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. Federal currency seizure law is uniform across all U.S. ports — you do not need a New York or New Jersey attorney to contest an EWR seizure effectively.
See our currency seizure case results.
Get a Free Consultation Today
If CBP has seized your cash at Newark Liberty International Airport, contact us now 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 or reach out directly using the contact options on this page.