Some weeks after you filed your petition, the phone rings from a blocked number.
“This is Special Agent [name] with Homeland Security Investigations. Are you the person who filed a petition in case number 2025-XXXX-XXXXXXX-01? I’d like to ask you some questions about it.”
Decline, politely, and call a customs attorney the same day. That is the whole of the advice, and the rest of this page explains why it is right even when every instinct you have says otherwise.
Why HSI Is Calling
Most currency petitions are decided by the Fines, Penalties and Forfeitures office on the papers. Some are referred to Homeland Security Investigations for further investigation or what is sometimes described as technical review, and an interview request is how that referral often first becomes visible to a claimant.
It is not random and it is not routine. Something in the file has prompted someone to want more than what was written down: a large amount, an explanation that raised a question, an inconsistency with what officers recorded at the port, or a connection to another matter. Our page on how long CBP takes to decide a petition covers where referrals fit in the timeline.
The people making the call are federal investigators. That is not a criticism of them; it is their job, and they are entitled to do it. It is simply the fact that determines how you should respond.
There Is No Version of This That Helps You
Claimants want to do the interview because they believe cooperation will demonstrate they have nothing to hide, and because they want their money back and this feels like progress. Neither holds up.
A proper petition already contains everything
A well-built petition sets out the source of the money, its intended use, the circumstances of the seizure and the supporting documents, in writing, checked before it was sent. There is nothing an interview can add that the petition does not already say. What an interview can do is produce a spoken account that differs, in some detail, from the written one — and it is the discrepancy, not the underlying facts, that damages a case.
Think about what an interview actually is. Someone with your file in front of them, who has already read your petition, asking questions chosen by them, about events from months ago, while you answer from memory with your savings at stake. Anything you say that does not match the file becomes a problem. Anything you say that does match it adds nothing.
There is also no mechanism by which an interview grants relief. The agent on the phone does not decide your petition. A favourable impression is not a factor in the mitigation guidelines. The upside is imaginary and the downside is real.
What Declining Does Not Mean
This is where people get frightened, so it is worth being precise.
- It is not an admission. Declining to be interviewed is not evidence of anything and does not establish that your money came from somewhere improper.
- It is not refusing to cooperate. You have cooperated: you filed a petition containing your account and your documents. If further information is genuinely needed, it can be requested and supplied in writing.
- It does not end the conversation. Your attorney can speak with the agency, ask what is actually wanted, and provide it in a controlled form. Declining an interview and engaging through counsel are the same decision, not opposite ones.
- It is not rude. “I’d prefer to handle this through my attorney, who will be in contact” is a complete and unremarkable answer. Investigators hear it constantly.
If you are not yet represented, say you are not prepared to discuss it now, take the agent’s name and contact details, and get advice before responding. You are not obliged to answer questions on the spot because someone has called you unexpectedly.
What We Have Seen
An agent has pressed this firm to produce a client for interview and indicated that if the client did not abandon the seized currency, the response would be a full financial investigation and involvement of the Homeland Security attaché in the country the money came from.
The pressure does not change the analysis
Whether a statement like that reflects a genuine intention or is meant to encourage a claimant to give up, the right response is identical, because the interview still offers nothing. A claimant facing that conversation without counsel, who has just been told their family’s financial affairs will be examined across two countries, will very often abandon money they were entitled to recover. That is precisely why the call should be handled by someone who is not frightened by it.
If There Is Criminal Exposure
Where an arrest was made, a referral to a prosecutor exists, or the conduct could support a charge, the position is more serious than a strategic one.
You have a constitutional right not to give statements that could incriminate you, and the limitations period for currency offences generally runs five years. An interview conducted while that window is open, about conduct within it, without counsel, is a category of mistake that cannot be undone. In that situation you need criminal defence counsel as well as customs counsel, and the two need to be coordinated rather than working in ignorance of each other.
Great Lakes Customs Law does not represent defendants in federal criminal proceedings. We do handle the forfeiture, and we will tell you plainly when the criminal side needs its own lawyer.
What To Do When the Call Comes
- Confirm who is calling and write down the name, agency, telephone number and the case number they cite.
- Say you would prefer to handle it through your attorney and end the call courteously. Do not argue, explain, or answer “just one quick question.”
- Do not discuss the source of the money, its intended use, the events at the port, or anything in your petition.
- Write down what was asked, while you remember it, and send it to your attorney the same day.
- If you are represented, do not contact the agent yourself afterwards to smooth things over. That is the call that undoes the first one.
The same reasoning applies before a petition is ever filed, which is why we tell people not to telephone the port to explain after a seizure. Our page on how to get seized cash back from CBP covers the options and deadlines, our page on the election of proceedings form covers the choice that comes first, and our customs money seizure guide covers the process end to end. Outcomes depend heavily on the specific facts and the documentation available.
Contacted for an Interview?
Do not respond before you have spoken to someone. Contact us for a confidential case evaluation.
Frequently Asked Questions
Do I have to agree to an interview about my petition?
No. You are not obliged to give an interview, and declining is not an admission of anything. If further information is genuinely required it can be requested and provided in writing.
Will refusing hurt my chances of getting the money back?
The agent requesting the interview does not decide your petition, and a favourable impression is not one of the factors weighed in mitigation. The risk runs the other way: a spoken account that differs from your written one damages the case.
What do I actually say on the phone?
Something like: “I’d prefer to handle this through my attorney, who will be in contact.” Take the agent’s name, agency and number, end the call courteously, and get advice the same day.
Why would HSI be involved at all?
Some petitions are referred for further investigation rather than decided on the papers. A referral usually means something in the file prompted a closer look, which is a reason to be careful rather than a reason to panic.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice, and nothing here should be treated as instructions for how to conduct yourself in any particular interaction with a federal agency. Reading it, or contacting Great Lakes Customs Law through this website, does not create an attorney-client relationship. Nothing here advises anyone to be untruthful, to withhold information lawfully required of them, or to obstruct an investigation in any way; declining a voluntary interview and responding through counsel is neither of those things. Great Lakes Customs Law does not represent defendants in federal criminal proceedings; where criminal exposure exists, criminal defence counsel should be retained. Laws, regulations and agency 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.