If CBP has seized your cash, the clock is already running. You have a limited window to respond — and whether you get your money back depends almost entirely on the quality of the evidence you present and the legal arguments you make. This page explains what CBP requires, what evidence you need to gather, how the process works, and what happens if you do nothing.
Why CBP Seized Your Money
CBP seizes currency at airports, land border crossings, and seaports under three primary legal theories, each governed by a different statute:
- Failure to report (31 USC 5316) — You carried more than $10,000 across the border without filing FinCEN Form 105. This is the most common basis for seizure and applies even if the money is entirely legitimate.
- Structuring (31 USC 5324) — CBP alleges you divided currency among multiple people or trips to keep each amount under the $10,000 reporting threshold. Structuring is treated more seriously than a simple failure to report.
- Bulk cash smuggling (31 USC 5332) — CBP alleges you concealed more than $10,000 on your person or in your luggage with intent to evade the reporting requirement. This carries the most severe penalties and the least favorable mitigation guidelines.
A single seizure can involve allegations under more than one of these statutes simultaneously. The specific theory CBP is pursuing affects how much of your money you can recover and what arguments are most effective in your case.
The Two Requirements You Must Satisfy
Regardless of which legal pathway you choose to pursue your money, CBP and the U.S. Attorney’s Office will evaluate your claim against two core requirements. You must demonstrate both — with documentary evidence, not just your word.
1. Legitimate Source of the Funds
CBP will scrutinize where the money came from. The goal is to show that the funds were not derived from illegal activity such as drug trafficking, tax evasion, fraud, or money laundering. Useful documents include:
- Bank statements showing withdrawals or account balances
- Tax returns for the relevant years
- Pay stubs or employment records
- Business records, contracts, or invoices
- Currency exchange receipts
- ATM or bank cash withdrawal records
- Gift letters or estate documentation (if the money was received as a gift or inheritance)
The stronger and more specific your documentation, the stronger your case. A bank statement showing a $40,000 withdrawal two days before your trip is far more persuasive than a general claim that the money came from savings.
2. Legitimate Intended Use of the Funds
You must also show that the money was going to be used for a lawful purpose. Common legitimate uses include buying or building property abroad, paying tuition, investing in a business, supporting family members, or covering travel and living expenses. Documents that support intended use include:
- Purchase agreements or real estate contracts
- School enrollment letters or tuition invoices
- Business plans or investment agreements
- Travel itineraries or hotel bookings
- Family support arrangements or correspondence
CBP evaluates source and intended use together. Money that came from a legitimate source but was heading toward an unclear or suspicious destination will still face significant scrutiny — and vice versa.
Why These Requirements Matter: United States v. Bajakajian
The legal foundation for challenging a currency seizure was significantly strengthened by the Supreme Court’s decision in United States v. Bajakajian. In that case, the Court ruled that the total forfeiture of $357,144 for a reporting violation was grossly disproportionate to the offense and violated the Eighth Amendment’s Excessive Fines Clause.
The Court’s reasoning turned specifically on the fact that the money was lawfully obtained and intended for a lawful purpose — the only violation was the failure to file the required form. This precedent establishes that civil forfeiture must be proportional to the gravity of the offense, and that legitimate ownership and intended use are critical factors in that analysis. A well-prepared petition that documents both elements frames your case directly within the Bajakajian framework and gives CBP a legal basis — not just a sympathetic reason — to return your money.
Your Response Options After a Seizure
After receiving a notice of seizure, you must file an Election of Proceedings form — typically within 30 days — choosing how you want to contest the seizure. There are three options:
- Administrative petition — Your case is handled by CBP’s Fines, Penalties & Forfeitures office. This is the most common path and, in most cases, the most efficient. A well-prepared petition presenting source and intended use documentation gives CBP the basis to return your money without going to court.
- CAFRA claim (judicial forfeiture) — You file a claim under the Civil Asset Forfeiture Reform Act, which forces the government to file a civil forfeiture complaint in federal court and prove its case. This path gives you the strongest procedural protections and puts the burden on the government, but it is slower and more expensive.
- Offer in compromise — You propose a negotiated settlement amount to resolve the seizure without full litigation. This can be an effective middle path when the evidence on source or intended use is incomplete.
Choosing the wrong option — or missing the deadline to respond entirely — can permanently forfeit your right to contest the seizure. If you do not respond to the notice of seizure, CBP will proceed with administrative forfeiture and the money becomes property of the U.S. government. There is no appeal once forfeiture is complete.
How Much of Your Money Can You Recover?
CBP uses unpublished internal mitigation guidelines to determine how much seized currency to return. The guidelines differ by violation type — failure to report cases have more favorable mitigation ranges than structuring or bulk cash smuggling cases. The strength of your source and intended use documentation, the presence or absence of aggravating factors, and your prior travel and compliance history all affect the outcome.
In straightforward failure-to-report cases with strong documentation and no aggravating factors, it is possible to recover the full amount or close to it. In smuggling or structuring cases, the standard mitigation is less favorable — but a well-argued petition can still achieve significantly better results than the default. You can review some of our currency seizure case outcomes to get a sense of the range of results we have achieved for clients.
Start Gathering Evidence Immediately
The single most important thing you can do right now is start assembling documentation of the source and intended use of the seized funds. Evidence that exists today — bank records, contracts, receipts, correspondence — may be harder to obtain or less persuasive weeks from now. The sooner you begin, the stronger your petition will be.
Do not contact CBP directly to discuss your case before speaking with an attorney. Statements you make to CBP officers or FP&F staff can be used against you, and an unguided conversation can create inconsistencies that complicate your case. Read more about why you should not call CBP after a seizure.
Get Help Recovering Your Seized Cash
Great Lakes Customs Law has handled hundreds of currency seizure cases at airports and border crossings nationwide. Attorney Jason Wapiennik knows CBP’s unpublished mitigation guidelines, has deep relationships with FP&F officers at ports across the country, and understands how to build the evidentiary record that gets money returned. Call us at (734) 855-4999 or contact us online for a free case review.