If CBP has just seized your cash at an airport or border crossing, the next steps you take — and the mistakes you avoid — will determine whether you get your money back. Here is what you need to understand before you do anything else.
1. You Should Expect a CAFRA Notice of Seizure
After a currency seizure, CBP is required under the Civil Asset Forfeiture Reform Act to send you a formal Notice of Seizure and Information to Claimants. This is separate from the Custody Receipt for Seized Property you should have received at the time of the seizure. The CAFRA notice is the document that starts your legal clock and outlines your options for contesting the forfeiture. Do not confuse the two — the custody receipt proves the seizure happened, but the CAFRA notice is what you must respond to.
2. CBP Is Only Required to Send the Notice — Not to Confirm You Received It
CBP must send the notice of seizure within 60 days of the seizure in most cases. Critically, CBP is only required to send the notice — not to confirm that you actually received it. It is sent by certified mail to a U.S. address or registered mail to an international address. If you have moved, if your mail is unreliable, or if you are outside the country, the notice may arrive late or not at all. That does not pause your deadline. The clock runs from the date the notice was mailed, not the date you received it.
3. If You Don’t Receive the Notice on Time, Your Case Will Suffer
You generally have 30 days from the date on the notice to respond administratively, or 35 days to file a CAFRA seized asset claim demanding judicial proceedings. If you miss those deadlines, CBP can complete the administrative forfeiture without any further input from you — permanently, without court review. Do not wait passively for the notice to arrive. If you know your money has been seized, contact us immediately. We can obtain the notice on your behalf and ensure you do not lose your rights due to a mail delay. We have written separately about cases where mail delays caused travelers to miss the CAFRA deadline and the very limited options that remain afterward.
4. You Choose How Your Case Is Handled Through the Election of Proceedings Form
The CAFRA notice includes an Election of Proceedings form. This form — which must be signed and returned within the deadline — determines your entire legal path forward. Your three options are an administrative petition for remission or mitigation, a CAFRA seized asset claim demanding judicial forfeiture, or an offer in compromise. Each option has different implications, different burdens of proof, different timelines, and different strategic considerations. The right choice depends entirely on the facts of your case. Get a free currency seizure consultation before deciding — choosing the wrong option can cost you the case even when the facts are in your favor.
5. Your Case Goes to Court Only If You or CBP Seeks Judicial Forfeiture
The default path for most currency seizure cases is administrative — the dispute is resolved within CBP through the FP&F process, without any court involvement. The only way to get your case in front of a federal judge is to file a properly completed and signed CAFRA seized asset claim form within the 35-day window. Once you file a valid claim, CBP must either return your money or file a civil forfeiture complaint in federal court within 90 days. This shifts the burden of proof to the government — they must prove the money is subject to forfeiture, rather than you proving it is not. For larger amounts or cases with strong facts, the judicial route is sometimes the better strategy. For cases involving concealment or other aggravating factors, the administrative route may be preferable. This is exactly the kind of strategic decision that requires experienced counsel.
6. A Petition Is Not an Apology Letter
If you choose to file an administrative petition for return of seized cash, it must be treated as the legal document it is — not as a personal explanation or apology to CBP. A petition that reads like a letter of regret, admits to violating federal law, or asks CBP for mercy is not a petition — it is a confession. Once you admit to a crime or a violation in writing, you cannot take it back. If CBP or a prosecutor later decides to pursue criminal charges, your written admission will be part of the record. The petitions we prepare for clients typically run 11 or more pages, not counting exhibits. They address constitutional issues, applicable statutes and case law, burden of proof, mitigating factors, and the specific legal standards CBP applies in evaluating remission and mitigation — none of which belong in a personal letter.
7. You Must Prove Both the Source and the Intended Use of the Money
Whatever option you select, you will need to demonstrate two things: that the seized money came from a legitimate source, and that it was going to be used for a lawful purpose. Both elements are required — not just one. Source documentation typically includes bank withdrawal records, tax returns, pay stubs, business records, profit and loss statements, and statements from employers or business partners. Intended use documentation might include a trip itinerary, real estate or vehicle purchase agreements, medical procedure estimates or invoices, lease agreements, or statements from family members explaining what the money was for. The more specific and corroborated your documentation, the stronger your case. Be careful not to overshare — disclosing information that inadvertently reveals other legal violations can make your situation significantly worse. This is another reason why having experienced counsel review your documentation before submitting it is essential.
8. Be Patient — Processing Times Can Take a Year or More
Currency seizure cases are not resolved quickly. Administrative petition processing times vary significantly by port and by the amount involved. Cases below $100,000 are handled at the local FP&F office level. Cases above $100,000 are elevated to CBP’s Office of Regulations and Rulings at headquarters in Washington, D.C. Cases above $500,000 require judicial forfeiture under 19 U.S.C. § 1610, adding additional time. Realistically, an administrative petition at a major airport can take anywhere from three months to well over a year from filing to decision. Doing everything correctly the first time — complete documentation, properly notarized and translated materials, legally sound arguments — prevents unnecessary delays and avoids having your petition returned for deficiencies. Submitting an incomplete or deficient petition does not pause the clock on your deadline; it just costs you time you do not have to spare.
9. Statements Made to CBP Can and Will Be Used Against You
Everything you said to CBP officers at the time of the seizure — before and after any Miranda warning — is part of the record. If CBP read you your Miranda rights during the seizure process, it means they were considering you a suspect in a potential criminal matter. Statements made before Miranda warnings are typically admissible in civil proceedings; statements made after warnings, if you chose to speak, are admissible in both civil and criminal proceedings. This is why remaining silent and not contacting CBP without an attorney after a seizure is so important. Do not call the FP&F office to explain yourself. Do not email CBP with your story. Every word you say without counsel is a potential liability.
10. You May Be Charged With a Crime
Failure to report under 31 U.S.C. § 5316, structuring under 31 U.S.C. § 5324, and bulk cash smuggling under 31 U.S.C. § 5332 all carry both civil and criminal penalties. The civil forfeiture case and the criminal case are separate proceedings that can run simultaneously. The vast majority of currency seizure cases are handled civilly — no arrest, no criminal charges — but that outcome is not guaranteed, and the civil forfeiture proceeding creates a record that can be used in any subsequent criminal matter. If HSI or another law enforcement agency has opened a criminal investigation alongside the CBP seizure, you need criminal defense counsel immediately in addition to a customs attorney. The two proceedings require different strategies, and what helps you in one can hurt you in the other if not carefully coordinated.