Here’s What to Do.
The CBP New York Field Office oversees John F. Kennedy International Airport (JFK), Newark Liberty International Airport (EWR), the Port of New York/Newark, and other ports of entry in the region — and it is one of the most active currency enforcement jurisdictions in the United States. JFK alone accounted for 19% of all currency seized under federal reporting requirements nationally in 2016, despite handling only 4% of the country’s air travelers. That disproportionate enforcement rate reflects the volume of high-value international routes passing through New York and the intensity of CBP’s currency enforcement operations there.
If CBP seized your cash at JFK, Newark Liberty, the Port of New York, or anywhere else in the New York Field Office area, do not attempt to handle this yourself. Do not call the Fines, Penalties and Forfeitures office to explain your situation. Do not write a letter without legal counsel. The process is adversarial, the deadlines are unforgiving, and the outcome will depend on how your case is built and presented — not simply on the facts.
Great Lakes Customs Law has represented clients with currency seizures at New York and New Jersey ports and at ports of entry across the country. Read on to understand what happened, what you are facing, and how we can help you get your money back.
The New York CBP Field Office and Its Ports
The CBP New York Field Office is one of the largest and most significant in the country, overseeing a network of major ports that together handle an enormous volume of international passenger and cargo traffic:
- John F. Kennedy International Airport (JFK) — A premier transatlantic and international hub with direct routes to Europe, the Caribbean, Latin America, Asia, and the Middle East. JFK is consistently among the top airports in the country for currency seizures by volume and total value.
- Newark Liberty International Airport (EWR) — A major international airport serving the New York metro area with a broad range of international routes. Currency seizures at Newark are processed through the same New York Field Office FP&F structure as JFK seizures.
- Port of New York/Newark — One of the busiest seaports in the United States. CBP enforces currency reporting requirements on cargo and travelers at the seaport as well as at the airports.
If your money was seized at any of these locations, the legal framework, your options, and the deadlines are the same — but the specific FP&F office and processing path may differ depending on exactly where and how the seizure occurred. An experienced customs attorney can identify the correct procedural track and ensure nothing falls through the cracks.
Why New York Sees Such High Currency Seizure Rates
JFK and Newark serve some of the most heavily traveled international corridors in the world — transatlantic routes to Europe and the Middle East, routes to the Caribbean and Latin America, and major routes to Asia. Many of these corridors are associated with significant cash-based commerce and remittance travel. The combination of route diversity, passenger volume, and CBP’s enforcement priorities makes the New York area one of the highest-risk locations in the country for a currency seizure, even for travelers with entirely legitimate funds.
New York’s seizure rate also reflects the intensity of CBP operations there. Officers at JFK and Newark are experienced and active in both arriving and departing passenger inspections, and the New York Field Office maintains a robust FP&F operation for processing the volume of cases that result.
Common Reasons CBP Seizes Cash at New York Area Ports
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. There is no tax and no limit on how much you can carry — the obligation is only to report it. Failing to do so, or reporting an inaccurate amount, gives CBP grounds to seize the funds. The most common violations at New York area ports include:
- Failure to report — Not filing a FinCEN 105 at all, or declaring an amount less than what was actually carried. The form must be completed accurately to the penny before being asked or searched by CBP.
- Bulk cash smuggling — Currency concealed in luggage, clothing, cargo, or on the person with intent to evade the reporting requirement. At a major international airport like JFK, concealment methods range from simple to elaborate.
- Structuring — Dividing funds among traveling companions to keep individual amounts below $10,000. CBP treats a traveling couple, family, or group as a single reporting unit.
- Suspected connection to unlawful activity — DEA and Homeland Security Investigations also operate at JFK and Newark. Cash may be seized on suspicion of drug proceeds or money laundering even without a technical reporting violation, particularly on certain international routes.
What Happens After a New York or New Jersey Cash Seizure
At the time of seizure, CBP will issue a Custody Receipt for Seized Property. Keep this document — it contains the case information you will need. Within 60 days, the Fines, Penalties and Forfeitures office will send a Notice of Seizure and Information to Claimants along with the Election of Proceedings form. This form requires you to choose how you want to contest the seizure. 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 process. CBP reviews its own officers’ decision, which creates limitations on how far this process can reach.
- CAFRA Seized Asset Claim — You formally contest the seizure and demand federal court proceedings. This shifts the burden of proof to the government and gives you access to judicial review.
- Offer in Compromise — You propose a settlement, paying a portion of the seized amount in exchange for return of the remainder.
The right choice depends entirely on your specific facts — the amount seized, the violation alleged, the strength of your documentation, and your goals. There is no universally correct answer, and choosing the wrong option can mean permanently losing money you could have recovered with the right approach.
Read our detailed guide to the Election of Proceedings form and our analysis of which option is best for your situation.
Deadlines Are Unforgiving — Act Now
Once CBP issues your Notice of Seizure, you generally have 30 days to file an Election of Proceedings. Miss that deadline and CBP can proceed with administrative forfeiture — the money is gone without any court ever reviewing the seizure. There is no grace period and no informal appeal process once that window closes.
In the meantime, do not contact the FP&F office to explain yourself. Do not respond to any CBP outreach without legal counsel. Do not write a letter on your own. Everything you communicate after a seizure becomes part of the record, and CBP is not a neutral party — they are enforcing forfeiture law, and what you say can and will be used to support keeping your money.
Read our guide on why you must remain silent after a seizure.
What Evidence Will You Need to Get Your Money Back?
Regardless of which proceeding you elect, you will need to affirmatively demonstrate two things: that the money came from a legitimate source, and that it was intended for a lawful purpose. CBP does not presume innocence in the forfeiture process — the burden falls on you to prove the money’s legitimacy.
Supporting documentation typically includes:
- Bank records and withdrawal history consistent with the amount seized
- Tax returns or other income documentation
- Business records, invoices, or contracts explaining the intended use of the funds
- Statements from family members, employers, or business partners
- Remittance records or currency exchange documentation if applicable
- Any documentation specific to your circumstances — real estate transactions, vehicle purchases, medical bills, business cash dealings, or other lawful explanations
The organization, completeness, and credibility of this evidence package is what separates a successful petition from a denial. CBP FP&F officers review many submissions. A thin, disorganized, or legally unsophisticated filing is easy to deny. Read our full guide to evidence and documentation for currency seizure cases.
Why You Should Not Handle This Yourself
The most common mistake people make after a New York area currency seizure is attempting to resolve it by calling CBP or writing an explanation letter. The second most common mistake is hiring a general practice attorney who has never worked a CBP seizure case. Both approaches typically lead to the same outcome: denial, abandonment, or a settlement well below what a properly represented case would have recovered.
The most frequent self-representation errors we see include filing an apology letter instead of a legal petition, selecting the wrong election of proceedings option for the facts at hand, submitting inadequate documentation of the money’s source and purpose, making statements to the FP&F office that damage the case, and missing filing deadlines entirely. CBP is not obligated to guide you through the process or tell you what you are doing wrong — their job is to enforce forfeiture law.
Our Results at New York and Nationwide
Great Lakes Customs Law has represented clients with currency seizures at JFK, Newark Liberty, 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. You do not need a New York-based attorney — you need the right customs attorney, and we represent clients at every major U.S. port of entry regardless of where they are located.
See our currency seizure case results.
Get a Free Consultation Today
If CBP seized your cash at JFK, Newark Liberty, the Port of New York/Newark, or anywhere else in the New York or New Jersey area, 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.