U.S. Customs and Border Protection (CBP) can seize cash if they suspect it was structured to avoid reporting requirements. Structuring occurs when someone divides more than $10,000 into smaller amounts to avoid filing a currency report under 31 USC § 5316. Even transporting less than $10,000 can be illegal if the intent is to evade reporting.
Structuring vs. Bulk Cash Smuggling
Structuring is closely related to bulk cash smuggling. Both involve attempts to bypass the requirement to file a FinCEN Form 105 when transporting currency or monetary instruments over $10,000 internationally.
Why Do People Structure Currency Transactions?
Many travelers mistakenly believe they can avoid reporting by splitting cash into smaller amounts. For example, someone might carry $9,000 and give another $9,000 to a companion. This is illegal under 31 USC § 5324(c)(3) and 31 CFR § 1010.314, even if the intent is simply to avoid delays or misunderstandings at the airport.
Examples of Structuring
- A couple traveling to India splits $18,000â$9,000 in cash and $9,000 in travelerâs checksâto avoid reporting. This is structuring.
- A solo traveler from China decides to carry $9,990 instead of $10,500 to avoid filing a report. If asked why and they say âto avoid reporting,â thatâs structuring. This is academic and technical, but yet possible under the law.
Even if the person is unaware structuring is illegal, admitting the intent to avoid reporting can lead to serious consequencesâincluding criminal charges.
Penalties for Structuring Currency
Civil penalties include forfeiture of the money and fines up to the amount involved. Travelers may also face increased scrutiny during future international travel.
Criminal penalties can include fines and up to 5 years in prison. If the structured amount exceeds $100,000 in a 12-month period, penalties may double under aggravated structuring provisions.
In practice, CBP often seizes 50â100% of the structured amount. Customs mitigation guidelinesâunpublished but available to experienced attorneysâcan help reduce penalties.
Statute of Limitations
- Criminal:Â 5 years from the date of violation.
- Civil:Â 6 years from the date of violation. If penalties are assessed, the government has 2 additional years to collect.
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:
đ A CBP Money Seizure Lawyerâs Guide to Recovering Seized Cash
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Donât 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, weâre here to guide you through the legal process and fight for your rights.
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- Contact Us for a Free Consultation: Letâs discuss your case and explore your legal options. Weâll listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
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Related Violations
Structuring often overlaps with other offenses like failure to report and bulk cash smuggling. These can trigger additional penalties and investigations.