conceal Archives - Page 5 of 5 - Great Lakes Customs Law

If you have had cash seized by customs and are contemplating what to do next, please inform yourself on the process by reading this article and then contact our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

What documents should I have gotten and what will I get?

At the time of a currency seizure, Customs probably gave you a “Custody Receipt for Seized Property and Evidence” form (6051S), which will have some different numbers at the top, including an FPF No. so that your case can be tracked at Fines, Penalties and Forfeitures office (“FP&F”) of Customs. This form should show what exactly was seized, the name of the seizing officer, and Customs’ contact information — usually for the local FP&F branch of Customs. FP&F should then send by certified mail a formal written notice of seizure (“CAFRA Seizure Notice” or “CAFRA Notice”). You should get it within a few days as long as Customs has your correct address, which they may have asked for during your initial detention at the border or port. You will have 30 days from the date on the letter (not the date the letter is received) to respond.

We do not recommend contacting Customs by yourself until you have at least spoken to an attorney. Any statements you make to Customs, whether while you are being detained or by telephone, can be used against you. You may be panicked and say something that is misinterpreted by Customs as an admission of wrongdoing, or might make them suspect you are involved in something illegal. That will make it harder to get your money back. Therefore, we recommend contacting an attorney with experience in customs seizures immediately after receiving the CAFRA Notice. In any event, if you have not received this notice within 7 days of the seizure you should contact an attorney so they can request a copy of the notice of seizure for you, make sure that a timely response is made, or an extension of time to respond is requested and granted. This will help you make sure you preserve all your rights and options and improves your chances of successfully getting all or most of your money back.

CAFRA Notice of Seizure & Election of Proceedings

CAFRA stands for “Civil Asset Forfeiture Reform Act” and is, in our practice, the law that most of my client’s currency seizures fall under. After you’ve been detained and released, the CAFRA Notice you receive will have a basic explanation of the facts surrounding the seizure, including: the date and place of seizure, surrounding circumstances, and the facts Customs’ alleges are the basis for the seizure. The CAFRA Notice is a formal document, and should be treated and responded to as such. How and when you respond to the CAFRA Seizure Notice will determine the outcome of your currency seizure case!

What are my options for getting my seized currency back from customs?

The CAFRA Notice will also cite the applicable laws, including failure to report, bulk cash smuggling, or a currency structuring violation to evade the reporting requirement, among others. It will also list your options to respond to the CAFRA Notice, which include:

Filing a Petition for Remission or Mitigation (including the right to file a Supplemental Petition after decision on the first Petition)
Pay the Full, Appraised Domestic Value of Seized Property
File an Offer in Compromise
Abandon the Property
Institute Judicial Proceedings
Do Nothing

The details of these options are explained in the CAFRA Notice, and Customs will include and ask you to complete and return what is called an “Election of Proceedings” form. This form will require you to select one of the above options. The advice we give to our currency seizure clients varies with the circumstances of each seizure case. Do not decide how to respond to a CAFRA Notice without first consulting an attorney. There may be times when a Judicial Proceedings make more sense than filing a Petition, and a qualified attorney can help you weigh those options and make that decision. Any mistake or error in judgment you make can cost you dearly. The majority of the time, however, I do recommend my client’s to file a Petition for Remission or Mitigation as the best option. The Petition, when filed by our office, is a legal memorandum that contains detailed factual narrative with our client’s side of the story, what led to the seizure, a review of the relevant law, regulations and Custom’s own guidelines concerning the seizure. When the facts allow for it, my Petition will always include a strong argument for return of the money in full, or even when there is a valid basis for the currency seizure, a strong argument for the money to be returned upon payment of a fine in the smallest amount of money possible, rather than forfeiture of all your money.

⌛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

Many posts in this series have dealt with how and why Customs will seize currency and monetary instruments crossing the border for a violation of 31 USC 5316, which is a failure to report. Customs is also empowered to seize cash or its equivalent smuggled into or out of the United States under 31 USC 5332(c) in addition to seizure for failure to file a report.

At its core, the law against bulk cash smuggling prohibits (1) the concealment of currency or monetary instruments, with (2) an intention to evade the reporting requirement, during the (3) knowing transport, transfer, or attempted transport or transfer, of the currency or monetary instruments out of or into the U.S. 31 USC 5332(a)(1).

Concealment can be done on your person, including in clothing, a conveyance (e.g., a vehicle), in luggage, in a backpack, with or in merchandise, or any other container, whether it is worn or carried by the person transporting, transferring, or attempting to transport or transfer the currency or monetary instruments. 31 USC 5332(a)(2).

This law allows Customs to seize and forfeit through a civil proceeding “[a]ny property” including the container, conveyance, luggage or clothing, “involved in a violation . . . or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy[.]” 31 USC 5332(c). This means that not only will Customs seizue the currency or monetary instruments, but in some cases also the luggage, backpack, merchandise, or conveyance in which it was concealed. The law also provides for penalties for a criminal conviction of not more than 5 years, among other sanctions. 31 USC 5332(b).

Each of the 3 elements above have a legal definition too detailed for an article this short, but suffice it to say that the terms “knowing” and “intentional” do not have the common, everyday definitions you might expect. If you are not a lawyer or don’t mind losing more than $10,000 do not try to be clever and figure it out.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

Please read these other articles:

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Responding to a Customs currency seizure