If U.S. Customs and Border Protection (CBP) has seized your cash for failing to report currency over $10,000, for structuring transactions to avoid reporting, or bulk cash smuggling, you may be able to get it back—but only if you meet specific legal requirements with direct evidence of legitimate/legal source of the money and legitimate/legal intended use. This page explains what those requirements are and why they matter.
Two Key Requirements to Get Your Money Back
No matter what option you choose on the election of proceedings form you will need to meet requirements with evidence in order to have a good chance of getting your money back. These requirements are:
1. Legal/Legitimate Source of the Funds
CBP and/or the U.S. Attorney’s Office will scrutinize where the money came from. You’ll need to provide evidence (in the form of documents) like:
- Bank statements
- Tax returns
- Pay stubs
- Business records
- Contracts or invoices
- Currency exchange receipts
- ATM/bank cash withdrawal receipts
The goal is to show that the money was not derived from illegal activity, such as drug trafficking, tax evasion, fraud, or money laundering.
2. Legal/Legitimate Intended Use
You must also prove that the money was going to be used for a lawful purpose. Examples include:
- Buying property
- Paying tuition
- Investing in a business
- Supporting family abroad
- Living or travel expenses
- Buying or building a home abroad
Supporting evidence for legitimate source of the money will be documents like purchase agreements, school invoices, travel itineraries, contracts, or business plans can help establish this.
Why These Requirements Matter: United States v. Bajakajian
In the landmark case United States v. Bajakajian, the Supreme Court ruled that forfeiture of $357,144 for failing to report currency was grossly disproportionate and violated the Eighth Amendment’s Excessive Fines Clause.
The Court emphasized that the money was legally obtained and intended for a lawful purpose, even though the reporting requirement was violated. This case set a precedent that civil forfeiture must be proportional and that legitimate ownership and use are critical factors in determining whether forfeiture is justified.
Explore the Full Process of Currency Seizure & Recovery
To learn more about what happens after a seizure, how penalties are assessed, and how you can recover your funds, visit our comprehensive guide:
👉 A CBP Money Seizure Lawyer’s Guide to Recovering Seized Cash
Don’t navigate this process alone—get informed and take action.
⌛Take Back Control of Your Money Today
Don’t let a Customs money seizure derail your travel plans or financial stability. At Great Lakes Customs Law, we understand the stress and complexity of currency seizures. With years of experience on almost 700 cases, we’re here to guide you through the legal process and fight for your rights.
💵Act Now to Protect Your Cash
- Contact Us for a Free Consultation: Let’s discuss your case and explore your legal options. We’ll listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
- Gather Your Documentation: Start collecting relevant documents—such as bank statements, tax returns, and travel records. We’ll evaluate this to determine the best way forward for you.
- Stay Informed and Prepared: We’ll keep you updated on your case and provide the tools and knowledge you need to make informed decisions.
🕛Don’t Delay – Every Moment Counts
If your cash has been seized by Customs, time is critical. Contact us immediately to take the first step toward resolving your case and reclaiming your money.
📞 Call us at (734) 855-4999
💬 Text or WhatsApp us for quick support
📝 Fill out our contact form to get started
🏆 Real Results That Speak for Themselves
Before you decide how to respond to a currency seizure, take a moment to explore our real-world case results. We’ve successfully handled nearly 700 cases, recovering millions of dollars for travelers, importers, and everyday people just like you. These outcomes aren’t just numbers—they’re proof that experience, strategy, and persistence matter.