CBP officers at Baltimore Washington International Thurgood Marshall Airport seized more than $28,000 from a traveller arriving from London. The case is worth walking through because it illustrates three things that decide most currency seizures: what an escalating declaration does to your file, how foreign currency is treated, and what it does and does not mean when nobody is arrested.
Here is CBP’s account:
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
He told the first officer $6,000. He told a second officer in secondary $8,000 and 800 British Pounds. Officers then found the equivalent of $28,280.
Each figure was closer to the truth than the one before it. None was accurate. That pattern is recorded carefully and it is read at the Fines, Penalties and Forfeitures office as a sequence rather than as three separate answers.
Revising upward is not the same as correcting
A traveller who realises the figure was wrong and states the full, accurate total is in a materially better position than one who edges upward each time officers press. The second pattern establishes awareness rather than cooperation, and every revision is a fresh statement that was also untrue. If you are going to correct a declaration, correct it once and completely, before the search concludes.
The first figure carries particular weight. $6,000 against $28,280 is less than a quarter of the real amount, given before anything had been searched and in response to a routine screening question. That is not a miscount of small bills, and it sits at the top of the file as the starting point of everything that followed.
Every Currency Counts, Not Just Dollars
Four currencies were involved: U.S. dollars, British Pounds, Euros and Nigerian Naira. The FinCEN 105 reporting requirement under 31 U.S.C. § 5316 reaches all monetary instruments at their U.S. dollar equivalent, not just U.S. currency.
A traveller carrying $8,000 in dollars plus the equivalent of $3,000 in Pounds and Euros is carrying $11,000 and owes a report on the full combined amount. Many people do not know this. Others know it and still do not count their foreign holdings, because the foreign notes do not feel like part of the total.
CBP’s handling of the foreign currency here is worth reading closely, because it is more instructive than it first appears. Officers seized the U.S. dollars and the Nigerian Naira, and returned the British Pounds and Euros as humanitarian relief.
There is no rule that foreign currency comes back
Two foreign currencies were returned and a third was seized, in one case, on the same day, by the same officers. Foreign currency is a monetary instrument, it counts toward the threshold at its U.S. dollar equivalent, and it is subject to seizure like any other. Where some of it is handed back, that is discretionary humanitarian relief exercised on the facts in front of the officer, typically enough to get a traveller home. It is not an entitlement and not a policy anyone can plan around.
Two practical points follow. Do not assume foreign holdings will be returned or that they sit outside the violation, because the reporting failure covers the full combined amount regardless of which notes CBP chooses to keep. And where a portion is handed back at the port, that is not a partial win, not a finding about the strength of the case, and not a signal about how a petition will be received. It changes nothing about the amount at issue in the forfeiture.
No Arrest, and What That Does and Does Not Mean
He was released and told how to petition. No arrest, no referral mentioned.
That is the usual outcome where the amount is in the tens of thousands, there is no concealment, and nothing in the circumstances suggests a connection to other criminal activity. It is a genuinely favourable fact for the petition that follows, because it indicates CBP is not treating the money as proceeds of anything.
It also does not end the matter, and this is where people lose money. The civil forfeiture of the seized currency proceeds on its own track. A Notice of Seizure follows by mail with an election of proceedings form and a response window that is ordinarily 30 days from the date on the notice. Let that pass and CBP completes the administrative forfeiture, permanently.
Travellers who walk out of an airport without handcuffs routinely conclude the problem resolved itself. It did not. It moved to a different office and started a clock.
What the Petition Has to Do
Officers advised him how to petition. What that advice cannot cover is how to build one that works.
A petition for remission or mitigation is a legal document. It documents legitimate source and legitimate intended use with evidence rather than assertion, addresses the specific facts of the violation, identifies every applicable mitigating factor, and argues the case against CBP’s own mitigation guidelines. A letter explaining that the money was for family expenses, with nothing attached, is not that.
Here the escalating declarations are the central problem and the petition has to meet them head on. Why was $6,000 given first? Why $8,000 in secondary? An explanation that is truthful, consistent with everything already in the record, and offered rather than extracted is worth a great deal. Silence on the point, or an account that conflicts with what officers wrote down, is worse than useless.
Which is also why informal contact with the port is a mistake. Further statements made without advice tend to add material that has to be explained later. Our page on why claimants should not call CBP after a currency seizure covers that, and our customs money seizure guide sets out the process and deadlines. Outcomes depend heavily on the specific facts and the documentation available.
Cash Seized at BWI or Another Airport?
Great Lakes Customs Law handles currency seizures at airports and ports nationwide. Contact us for a confidential case evaluation.
Frequently Asked Questions
Does foreign currency count toward the $10,000 threshold?
Yes, at its U.S. dollar equivalent, and it is combined with dollars and any other monetary instruments you are carrying. Dollars plus the equivalent of a few thousand in foreign notes can cross the line on its own.
Will CBP give my foreign currency back?
Sometimes, as discretionary humanitarian relief, and sometimes not. In this case officers returned the Pounds and Euros and seized the Naira. Foreign currency is seizable like any other monetary instrument and its return is not something to count on.
I corrected my figure when they asked again. Does that help?
Only if the correction was complete and accurate. Revising upward each time officers press establishes awareness rather than cooperation, and each revision is a further statement that was also untrue.
I was not arrested. Is the case over?
No. Civil forfeiture runs independently of any criminal referral. A Notice of Seizure follows by mail with a response window that is ordinarily 30 days, and missing it allows CBP to complete the forfeiture permanently.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading it, or contacting Great Lakes Customs Law through this website, does not create an attorney-client relationship. Decisions to return a portion of seized currency are discretionary and made on the facts of the individual case; nothing here should be read as an indication of how any other matter will be handled. Laws, regulations and CBP procedures change, and the outcome of any customs seizure or forfeiture matter depends heavily on its specific facts and circumstances. No result is guaranteed or implied. You should consult a licensed attorney about your particular situation before taking or refraining from any action.