CBP at Baltimore Washington International Thurgood Marshall Airport seized more than $28,000 from a Nigerian man arriving from London — a case that illustrates several of the most important points about how the currency reporting requirement works in practice. The full CBP release is available here. Here is what happened:
The passenger, who arrived at BWI from London, reported to a CBP officer that he possessed $6,000. During a secondary inspection, the traveler reported to a second CBP officer that he possessed $8,000 and 800 British Pounds. During a baggage examination, CBP officers discovered $25,316 in U.S. dollars, 1,385 in British Pounds, and 450 in Euros, and a few Nigerian Naira. The combined currency totaled $28,280 in equivalent U.S. currency. CBP officers seized the U.S. currency and Naira, and returned the Pounds and Euros to the man for humanitarian relief. CBP officers also advised the traveler how to petition for the return of his seized currency.
Three Declarations, Three Different Amounts — All Wrong
What makes this case particularly instructive is the escalating declaration sequence. The traveler told the first CBP officer he had $6,000. In secondary, he told a second officer he had $8,000 and 800 British Pounds. Officers then found $25,316 in U.S. dollars, 1,385 British Pounds, 450 Euros, and Nigerian Naira — a combined equivalent of $28,280.
Each successive declaration was closer to the truth than the last, but none of them was accurate. The pattern — starting low, revising upward when pressed, still falling far short of the actual amount — is exactly the kind of escalating misrepresentation that CBP documents carefully and that FP&F considers when evaluating a subsequent petition. A traveler who corrects their declaration all the way to the accurate amount when given the opportunity is in a better position than one who keeps revising upward without ever getting there.
The first declaration of $6,000 — made before CBP had asked anything beyond the initial screening question — is also notable. Declaring $6,000 when you are carrying $28,280 is not a rounding error or a miscounting of small bills. It is a declaration that is less than a quarter of the actual amount, made to an officer who had not yet searched anything. CBP will treat that initial figure as the starting point of the traveler’s knowing underreport, and it will be in the record alongside everything that followed.
All Monetary Instruments Count — Not Just U.S. Dollars
This case involves four currencies: U.S. dollars, British Pounds, Euros, and Nigerian Naira. The FinCEN 105 reporting requirement under 31 U.S.C. § 5316 applies to all monetary instruments — not just U.S. currency — valued at their U.S. dollar equivalent. A traveler arriving with $8,000 in U.S. dollars and the equivalent of $3,000 in British Pounds and Euros has $11,000 in monetary instruments and is required to report the full combined amount. Many travelers do not know this, and some who do know it still fail to count their foreign currency toward the threshold.
CBP’s handling of the foreign currency in this case also illustrates something worth knowing: CBP returned the British Pounds and Euros as humanitarian relief while seizing the U.S. dollars and Naira. This reflects CBP’s standard practice of returning foreign currency at the time of seizure in most cases. Foreign currency still counts toward the threshold and its presence still constitutes part of the reporting violation — but as a practical matter, the civil forfeiture typically focuses on the U.S. currency.
No Arrest — What That Tells Us
The traveler was released and advised of the petition process. No arrest was made, which is consistent with CBP’s assessment that the seized currency was not connected to criminal activity beyond the reporting violation itself. This is the typical outcome in cases where the amount is in the tens of thousands, there is no concealment, and the traveler’s profile does not suggest involvement in drug trafficking or organized financial crime.
The fact that no arrest was made does not mean the matter is over. The civil forfeiture of $25,316 in U.S. currency proceeds on its own track. The traveler will receive a CAFRA Notice of Seizure and will have approximately 30 days from the date on the notice to file his election of proceedings. Missing that deadline allows CBP to complete the administrative forfeiture permanently. The absence of an arrest is a favorable sign for the petition process — it suggests CBP does not view the money as drug proceeds — but it does not mean the money comes back automatically.
The Petition Process — What This Traveler Faces
The traveler was advised how to petition for return of the seized currency. What CBP’s advice at the checkpoint does not cover — and cannot cover — is how to build a petition that actually succeeds. The petition for remission or mitigation requires demonstrating legitimate source and legitimate intended use of the funds, addressing the specific facts of the violation, identifying every applicable mitigating factor, and presenting the argument in a legally structured document that addresses CBP’s own mitigation guidelines. A personal letter to the FP&F office explaining that the money was for family expenses is not the same thing.
In this case, the escalating underreports — $6,000, then $8,000, then the full amount found — will be a central challenge in the petition. The petition will need to address each of those declarations and explain why the initial figures were given. That explanation, and how credibly it is presented, will significantly affect the outcome. Read our guide on why you must not contact CBP without an attorney after a seizure — additional informal statements to FP&F officers without counsel can make this challenge harder, not easier.
Has CBP Seized Your Currency at BWI or Another Airport?
If CBP has seized your cash at Baltimore Washington International Airport or any other port of entry, contact us for a free consultation. Read our customs money seizure legal guide or watch the video series. 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.