If U.S. Customs and Border Protection (CBP) has seized your cash, we may file an administrative petition for remission or mitigation. This is a formal legal document—more than just a letter—that argues for the return of your money. It includes:
- Legal analysis based on statutes, regulations, and case law
- Judicial interpretations that vary by jurisdiction
- References to CBP’s published and unpublished guidelines for currency seizures
When the facts support it, we include a detailed narrative of your actions and those of the CBP officers leading up to the seizure. We always argue for full remission (complete return of your money). If CBP has a valid basis for the seizure, we push for mitigation—returning most of the money and treating the rest as a small fine, not a forfeiture.
Common Pitfalls in CBP Seizure Notices
CBP’s seizure notices often contain misleading or incorrect legal advice, such as:
- The wrong standard of proof
- Demands for unnecessary documentation
- Requests for explanations that imply guilt
Never admit to breaking the law in your petition. Once you do, CBP can use that admission to justify keeping your money—and you can’t take it back.
Balancing Your Rights with Strategic Disclosure
We carefully balance your Fifth Amendment right against self-incrimination with the need to provide enough information to justify the return of your money. A petition should rarely be an apology or explanation. Unfortunately, even some attorneys make this mistake.
Our petitions are typically about 10 pages, plus exhibits. They are comprehensive legal briefs—not fill-in-the-blank forms. While CBP provides Form 4609, it’s designed for property seizures under Title 19, not currency seizures under Title 31. It’s a poor substitute for a real petition.
Key Legal Issues We Analyze
- Was the search constitutional? If not, the money must be returned.
- Was the seizure constitutional? If not, the money must be returned.
- Was the notice of seizure timely? If not, CBP may lose its legal authority to hold your money.
- Who has the burden of proof? And what is the standard of proof?
- Does the seizure violate the Eighth Amendment? Excessive fines are unconstitutional.
- How does your federal district interpret “knowing” violations of currency reporting laws? Some jurisdictions are more favorable than others.
- Did you actually violate the law? If not, the money must be returned—and you may be entitled to attorney’s fees.
- Are you admitting too much—or sharing too little? Either can hurt your case.
- Are you unintentionally admitting to other crimes? Structuring, smuggling, unlicensed money transmission, bribery, conspiracy, etc.?
- Are you receiving public benefits? If so, large cash holdings may jeopardize your eligibility and expose you to fraud charges.
- Did the money come from a sanctioned country (e.g., Iran)? Violations of sanctions can lead to larger penalties.
- Are there aggravating or mitigating factors? These can increase or decrease penalties by 10–25%.
- Did you make an oral amendment to your declaration? If so, you may not have violated the law.
- Was the seizure constitutional? If not, the money must be returned.
- Was the notice of seizure timely? If not, CBP may lose its legal authority to hold your money.
- Did you make an oral amendment to your declaration? If so, you may not have violated the law.
- Are your documents properly notarized and translated? If not, your case may be delayed or denied.
Don’t Trust CBP for Legal Advice
CBP officers may tell you that getting your money back is simple—just call a number or write a letter. That’s false. In reality, CBP is making it harder to recover seized cash, especially in cases involving structuring, bulk cash smuggling, and failure to report.
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