A CBP news release out of Arizona details a currency seizure that stands out from the typical airport case — not because of the amount, but because of where the money was hidden and what happened to the person carrying it. The original release is available here. Sometimes a picture really does say it all:
U.S. Customs and Border Protection officers and Border Patrol agents conducting outbound inspections referred a 22-year-old man for further inspection. During a search of the man, officers found $10,744 in U.S. currency concealed in his shoes. The currency was seized and the man was arrested and referred to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Why This Case Is Criminal — Not Civil
The vast majority of currency seizure cases I handle are civil forfeitures. The money is seized, the traveler is released, a CAFRA Notice of Seizure arrives in the mail, and the dispute proceeds through CBP’s administrative process without any criminal charges. Arrests are the exception — and when they happen, they tell you something important about how law enforcement is viewing the case.
Here, $10,744 was found concealed inside a 22-year-old man’s shoes during an outbound inspection at an Arizona crossing. He was arrested and referred to HSI. Two things drive that outcome. First, the concealment — currency hidden inside shoes is not an oversight or a misunderstanding of the reporting requirement. It is deliberate preparation, the same kind of intentional act that defines bulk cash smuggling under 31 U.S.C. § 5332. Second, the profile — a young man crossing southbound at an Arizona border port with bulk cash concealed in his shoes fits the pattern that CBP and HSI associate with drug trafficking courier operations. The arrest, the HSI referral, and the ongoing criminal investigation all reflect that assessment.
How the Criminal Charging Decision Actually Works
Here is something about the process that most people do not know: before a person is released after being detained for a failure to report, bulk cash smuggling, or a structuring violation, the seizing officer will often call the duty assistant U.S. attorney and explain the circumstances. The AUSA then has three options: accept the case for immediate prosecution, defer the decision pending further investigation, or decline prosecution at that time.
In most civil cases — particularly airport seizures involving travelers who appear to have no criminal history and whose explanation is plausible — the AUSA declines, the traveler is released, and the matter proceeds civilly. In cases like this one — concealment, young male courier profile, Arizona outbound crossing, HSI involvement — the AUSA is far more likely to accept or defer rather than decline. And a declination at the time of arrest does not permanently close the criminal door. If HSI develops additional evidence during its investigation — about the source of the funds, the traveler’s associates, or his travel history — the government can revisit the charging decision.
The civil forfeiture proceeding runs in parallel regardless. A CAFRA Notice of Seizure will be issued, the election of proceedings deadline will apply, and the $10,744 will remain subject to forfeiture while both tracks proceed simultaneously.
The Amount Is Small — The Consequences Are Not
$10,744 is at the low end of the seizures we typically see publicized. Most press releases from CBP involve amounts in the tens or hundreds of thousands. But the amount of the seizure has no bearing on the severity of the legal exposure. A 22-year-old arrested for bulk cash smuggling with $10,744 concealed in his shoes faces the same federal criminal statutes as someone caught with $200,000 in a vehicle’s body panels — the same potential five-year prison sentence under § 5332, the same HSI investigation, the same civil forfeiture process. Small amounts do not produce small consequences when the facts support a criminal characterization.
This is also a useful reminder that the concealment method matters more than the amount. Currency in a shoe is concealment. Currency in a sock is concealment. Currency bundled and distributed through a bag is concealment. Each of these transforms a potential civil reporting violation into a criminal smuggling allegation regardless of whether the amount is $10,744 or $107,440.
Why You Need an Attorney Even for Innocent Violations
Even in cases where the underlying circumstances are entirely innocent — where the money was legitimately acquired and was going to be used for a lawful purpose — the risk of criminal prosecution and the complexity of the civil petition process are both reasons to get legal representation immediately. The petition for remission or mitigation is a legal document that requires understanding the applicable statutes, CBP’s mitigation guidelines, the burden of proof, and how to present your facts in the most favorable accurate light. Statements made without counsel — to the seizing officer, to HSI, or in an unguided letter to FP&F — can make both the civil and criminal situations significantly worse. Read our guide on why you must remain silent and not call customs after a seizure before doing anything else.
Has CBP Seized Your Currency?
If CBP has seized your cash — whether the case is civil, criminal, or both — contact us immediately. Read our customs money seizure legal guide or watch the video series, and 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.