CBP Cash Seizures: Your Guide to Recovery
If U.S. Customs and Border Protection has seized your money, you’re not alone — and you have options. Every year, thousands of travelers face currency seizures at airports, border crossings, and ports. This page walks you through your rights, the legal process, and how to recover seized cash.
Whether you’re considering a CAFRA claim, a Petition for Remission, or an Offer in Compromise, we break it all down here. The Election of Proceedings Form is not easy to understand, and neither are the pros and cons of each choice. Note that deadlines differ: you have 30 days to respond to a Notice of Seizure and 60 days to respond to a Notice of Penalty. Below each brief explanation is a link to a page with detailed insights into that part of the process.
This page is a general resource, not legal advice. Do not rely on it to handle your case. Currency seizure matters are fact-specific and time-sensitive. Consult an experienced customs attorney who can evaluate your individual circumstances and offer personalized guidance.
On This Page
What Is a Currency Seizure?
CBP can seize cash over $10,000 if it is not properly reported, if it is structured, or if it is smuggled (hidden with intent to evade the reporting requirement) — without any suspicion of illegal activity. This includes money brought into or taken out of the U.S. without filing a FinCEN 105 form. The legality of the underlying funds does not matter for purposes of the seizure itself; the failure to comply with the reporting requirement is what authorizes CBP to seize the entire amount.
Common Reasons CBP Seizes Cash
CBP seizes money from travelers for a variety of reasons, with four main categories accounting for nearly all cases: failure to report cash over $10,000, bulk cash smuggling, structuring transactions to avoid reporting, and domestic seizures for suspected unlawful activity. The first three all involve the core federal reporting requirement under 31 USC 5316, which requires anyone transporting more than $10,000 internationally to file a report.
Understand the reporting requirement
Failure to Report Cash
Not filing a FinCEN 105 form when carrying more than $10,000 can result in seizure — even if the money is entirely legal. The form must be completed before being asked or searched by CBP, and it must be completed accurately, down to the penny.
Learn MoreBulk Cash Smuggling
Hiding cash in luggage, vehicles, or packages to avoid detection can be considered smuggling — even if the money is yours. Bulk cash smuggling occurs when money is concealed with intent to avoid filing a FinCEN 105. This statute carries a higher penalty than a pure failure to report.
Learn MoreStructuring Cash Transactions
Breaking up cash into smaller amounts to avoid reporting thresholds is illegal and can lead to seizure. Structuring happens when money is divided between two or more travelers so no one person crosses $10,000. Structuring carries a high penalty and is a standalone violation.
Learn MoreDomestic Cash Seizures
Currency can be seized within the U.S. by local or federal agencies under suspicion of criminal activity. This can happen at a traffic stop, or when large amounts of cash are sent through courier services like UPS, FedEx, or DHL.
Learn MoreCustody Receipt and Notice of Seizure
If money is seized, you should receive a Custody Receipt for Seized Property. The receipt is an important document that proves the money was seized, how much was seized, and allows you to track the seizure and ensure you are informed of your rights. In most cases, a Notice of Seizure must be sent by CBP within 60 days of the date the money was seized. Once you receive the Notice of Seizure, you have 30 days to respond — missing this deadline can result in permanent forfeiture of your funds.
The Election of Proceedings Form
The Election of Proceedings form comes with the Notice of Seizure. It requires you to choose how to pursue the return of your money through different procedures: a CAFRA claim, an administrative petition, an offer in compromise, or abandonment of the money. This choice is one of the most consequential decisions in the entire process. You have 30 days from the date on the notice — not the date you receive it — to respond.
Deep Dive into the Election of Proceedings Form
In most cases, the correct answer is a petition. A petition preserves multiple options in the event of a denial, while a CAFRA claim forecloses some of those paths. A CAFRA claim should only be the first choice in rare circumstances where the facts and strategic posture clearly support judicial review.
What Is the Best Option?
In most cases, the correct answer is a petition. A petition preserves multiple options if denied. A CAFRA claim should only be the first choice in rare circumstances.
Learn MorePetition for Remission
A petition asks CBP to return the money based on mitigating circumstances, without going to court. Decided by the FP&F Officer at the port — unless more than $100,000 was seized, in which case a Chief at CBP Headquarters decides. No judge, no jury.
Learn MoreCAFRA Seized Asset Claim
A CAFRA Seized Asset Claim begins a formal legal process to challenge the seizure and demand return of your money through the federal court system. By filing a claim, you ask for your day in court — for the matter to be decided by a judge or jury.
Learn MoreOffer in Compromise
You can settle the case by offering a portion of the seized amount if full recovery is not possible, or if special circumstances make this a good option after consultation with a lawyer.
Learn MoreHow to Get Seized Cash Back from CBP
To get seized cash back from CBP, it is necessary to prove both a legitimate source and intended use of the funds. This must be done with strong evidence: proof of income, direct proof of access to the cash seized, and proof of the intended use of the money. The strength of the documentary record is the single biggest determinant of outcome.
How Long Does It Take CBP to Decide?
The time it takes to get a decision — and eventually a refund — can vary widely. It depends on how much was seized, what evidence you have of the source and use of the money, how busy the port is where the money was seized, and how well you present your case. Most administrative petitions resolve within six to twelve months; judicial cases take significantly longer.
Long-Term Consequences of a Cash Seizure
A cash seizure can affect future travel with secondary baggage examinations, interrogations, loss of trusted traveler program privileges like Global Entry, and may have a bearing on immigration status or visa revocation or renewal. A consultation with an attorney and a careful response can soften the effect of many of these consequences.
Right to Remain Silent: Do Not Call Customs
After a seizure, people are often told to call CBP in a few days, or they call CBP themselves to ask questions about the process. During these calls, CBP sometimes asks questions designed to intimidate or trap the caller. If you answer, you may commit to something that is not accurate. It can be a very bad idea to call Customs. If CBP has a correct address for you and you are available to receive mail, a call is not necessary.
Our Fees & Process
We offer transparent pricing and proven results. We have helped hundreds of people over the years recover more than $10 million. We act as your defender and advocate through the process. You deal directly with us — not the bureaucrats at CBP. We will protect you, make sure you do not have to travel anywhere or be forced to answer questions, and work hard to get your money back as fast as possible with minimal effort on your part.
Real Results for Our Clients
We have recovered millions of dollars in seized currency for our clients across the country. Our publicly searchable case outcomes database tracks CBP currency seizure case results by year, port, amount seized, amount returned, and basis for seizure.
Schedule a Free Consultation
Don’t let a cash seizure disrupt your travel plans or financial stability. At Great Lakes Customs Law, we understand the complexity and emotional stress of currency seizures — and we have the experience to help you navigate the legal process and fight for the return of your money.