Traveling internationally with more than $10,000 in cash or monetary instruments? U.S. law requires you to report it—or risk having it seized.
What the Law Says
Under 31 U.S.C. § 5316, anyone transporting more than $10,000 USD (or equivalent) into or out of the United States must file a FinCEN Form 105 at the time of arrival or departure. This law helps detect and prevent illegal activities like money laundering, drug trafficking, and tax evasion.
Failing to report is a serious federal offense that can result in seizure, fines, and even criminal charges.
What Must Be Reported on FinCEN Form 105?
The form must accurately disclose the total value of all monetary instruments being transported. These include:
- U.S. and foreign coins and currency
- Traveler’s checks
- Bearer negotiable instruments (e.g., checks, promissory notes, money orders)
- Incomplete instruments signed but missing a payee
- Bearer bonds, securities, and similar items
If the form is inaccurate, incomplete, or not filed at all, U.S. Customs and Border Protection (CBP) can seize the entire amount.
How Customs Detects Unreported Cash
CBP officers are authorized to stop and search any person, vehicle, or container at the border—without a warrant. These searches often occur:
- At airport gates before departure
- After passport control or customs inspection
- At land borders with Canada or Mexico
Travelers may be targeted based on travel patterns, ethnicity, or behavior.
The Experience of a Cash Seizure
For many, a cash seizure is traumatic. CBP may:
- Detain and interrogate you
- Ask about the source and intended use of the money
- Threaten arrest or prosecution
- Deny attempts to amend the declaration
Even if the money is legitimate, ignorance of the law is not a defense.
How You Can Get Seized Money Back from CBP
You can get seized money back from CBP if you meet the requirements — you need good evidence and you have to know the best way to respond. For many people, these means filing a petition with documents proving the legitimate source and intended use of the money. The most must be legal.
Common Myths That Lead to Seizures
Many travelers lose their money due to misunderstandings about the law. Common myths include:
- “Only cash needs to be reported.”
- “Each person in a group can carry $10,000.”
- “Foreign currency doesn’t count.”
- “If I report it, they’ll tax or steal it.”
Other reasons for noncompliance include language barriers, miscounts, panic, or personal disputes.
Penalties for Failing to Report
Civil penalties include:
- Forfeiture of the entire amount
- A fine up to the full value of the unreported funds
Criminal penalties may include:
- Fines of $250,000 to $500,000
- 5 to 10 years in prison
Even if you’re not criminally charged, your name may be flagged in CBP and Homeland Security databases, leading to future searches and delays.
Statute of Limitations
- Criminal: 5 years from the date of the violation
- Civil: 6 years to assess a penalty; 2 more years to collect if unpaid
Related Violations
Failing to report can also lead to charges of:
- Structuring (breaking up amounts to avoid reporting)
- Bulk cash smuggling
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