As the holiday season approaches, many travelers head overseas with gifts and cash for family — whether coming to the United States from abroad, or leaving the United States for other countries.
A recent U.S. Customs and Border Protection (CBP) announcement touting more than $190,000 in seized currency at Dulles International Airport serves as a stark reminder: failing to report currency over $10,000 can lead to serious consequences, including seizure and possible criminal charges.
What Happened at Dulles Airport?
According to CBP, officers recorded eight separate seizures of unreported cash between late October and early December. The largest occurred on October 27, when two travelers departing for Ghana declared $9,250 but officers discovered $40,000 hidden in envelopes during a carry-on baggage inspection. Because the money was concealed rather than openly visible, CBP treated this as a potential case of bulk cash smuggling — a more serious offense than simply failing to file the required form.
Other travelers involved in the eight seizures were attempting to board flights to Belgium, Ghana, Jordan, Saudi Arabia, Senegal, and Togo. In each case, travelers had multiple opportunities to declare their currency truthfully and failed to do so.
Why Does This Matter?
CBP emphasizes that travelers are legally permitted to carry any amount of money internationally. However, federal law requires reporting amounts over $10,000 using FinCEN Form 105 — officially called the Report of International Transportation of Currency or Monetary Instruments. Failure to comply can result in:
- Immediate seizure of all currency — not just the amount over $10,000
- Missed flights and significant travel disruption
- A permanent record in Homeland Security databases that can trigger secondary screening on future trips
- Potential criminal prosecution under 31 USC 5332 for bulk cash smuggling, carrying up to 5 years imprisonment
- Loss of Global Entry or other trusted traveler program privileges
Why Does CBP Enforce This?
Unreported and bulk currency is sometimes linked to illegal activity such as fraud, drug trafficking, or money laundering. But the law applies equally to lawfully earned money — the requirement is about reporting, not the source of funds. CBP officers seized an average of $152,418 per day in unreported or illicit currency nationwide during fiscal year 2024, underscoring how aggressively this rule is enforced at airports and land borders alike.
What Many Travelers Don’t Know: The $10,000 Rule Applies to Groups Too
One of the most common misconceptions is that the $10,000 threshold applies per person. It does not. If you are traveling as a family and collectively carrying more than $10,000 — even if each individual is carrying less — you are still required to file FinCEN Form 105. CBP treats the currency as belonging to the group if it is being transported together or for a shared purpose.
Similarly, distributing cash across multiple bags or among traveling companions to keep each person under $10,000 is not a workaround — it is a federal crime called structuring, and CBP treats it as seriously as bulk cash smuggling.
What Happens After a Seizure?
If CBP seizes your currency at an airport, you will be issued a seizure receipt and — within a few weeks — a formal notice of seizure by mail. At that point, the clock starts. You typically have 30 days to respond by filing an Election of Proceedings, which determines whether your case will be handled administratively through CBP or referred to the U.S. Attorney’s Office for judicial forfeiture proceedings.
Choosing the wrong path — or missing the deadline entirely — can dramatically reduce your chances of recovering your money. Most travelers are best served by filing for administrative proceedings and submitting a petition for relief, which allows you to present evidence of the legitimate source and intended use of the funds. An experienced customs attorney can significantly improve the outcome of this process.
Tips for Traveling With Large Amounts of Cash
If you are traveling internationally and plan to carry more than $10,000, take these steps before you travel:
- File FinCEN Form 105 before you travel. The form can be submitted electronically through the Financial Crimes Enforcement Network or in paper form at the port of departure.
- Carry documentation of the money’s source — bank statements, business invoices, or gift letters help establish legitimacy if CBP asks questions.
- Do not conceal cash in envelopes, money belts, or distributed across bags. Carry it openly and declare it. Concealment — even for safety reasons — can elevate a reporting violation to a smuggling allegation.
- Be honest with CBP officers. Inconsistent statements or changing your story once questioned will be noted and can be used against you.
Already Had Your Cash Seized? Act Quickly.
If CBP has already seized your currency — whether at Dulles, O’Hare, JFK, or any other port of entry — you have a limited window to act. Federal deadlines are strict, and the decisions you make in the first 30 to 60 days after a seizure often determine how much of your money you recover.
Great Lakes Customs Law has handled hundreds of currency seizure cases at ports nationwide. Attorney Jason Wapiennik has deep relationships with Fines, Penalties & Forfeitures officers across the country and knows the unpublished mitigation guidelines CBP uses internally to decide how much money to return. Contact us for a free case review.