Cash is Seized at an Airport

Cash is Seized at an Airport

TSA pulls your bag aside at security. The X-ray showed something. They open it. There’s $15,000 cash inside—money you withdrew from your bank for a legitimate purpose. The TSA agent calls someone. Thirty minutes later, a CBP officer arrives. Starts asking questions. Where did this money come from? Where are you taking it? What’s it for? You answer honestly. Two hours later, they hand you a receipt. They’re seizing your cash. All of it. You’re not under arrest. They’re not charging you with a crime. But your $15,000 is gone. Here’s what actually happens next—and the 35-day deadline you absolutely cannot miss.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We’ve represented clients in civil forfeiture cases where government seized lawful assets based on suspicion alone. Call 212-300-5196.

They Can Take Your Money Without Charging You

You’re thinking “I wasn’t charged with anything—how can they take my money?” That’s the logic of civil forfeiture. This is civil asset forfeiture—where government can seize property suspected of being connected to criminal activity without ever charging you with a crime. It’s not you on trial—it’s your money. The case title will read “United States v. $15,000 in U.S. Currency.” Your cash is the defendant. In criminal proceedings, government must prove YOU guilty beyond reasonable doubt. In civil forfeiture proceedings, YOU must prove your MONEY is innocent by preponderance of evidence. The burden of proof flips. Your property is presumed guilty until you prove it’s innocent. Why does this exist? Originally, civil forfeiture targeted pirate ships and smuggling vessels. Now? It’s policing for profit. Federal agencies keep the assets they seize. That creates incentive to seize first and ask questions later. After the seizure, you receive a formal notice. Sometimes that notice doesn’t arrive for two or three weeks. Buried in the notice is the most important sentence: you have 35 days from the date this notice was MAILED to file a verified claim. Not 35 days from when you receive it. Not 35 days from the seizure date. Thirty-five days from when they mailed the notice. Miss that deadline—even by one day—and your money is automatically forfeited. No appeals. No extensions. Federal courts uniformly reject equitable tolling arguments in civil forfeiture cases. The deadline is jurisdictional. You must file a “verified claim” with the agency that seized your assets—usually Customs and Border Protection. The claim must state your interest in the property, demand its return, and be notarized. If the seizure was under $500,000, it proceeds as administrative forfeiture—the agency decides. If the seizure exceeds $500,000, or if you file a timely claim, the case escalates to judicial forfeiture in federal district court. Here’s the nightmare scenario: the notice arrives two weeks after your seizure. You’re still researching lawyers, gathering documents. You think you have time. You don’t. You finally hire someone on day 40. They tell you there’s nothing they can do. The deadline passed. Your money is gone. The government sends you a “notice of final forfeiture.” Your $15,000 goes into the Treasury Forfeiture Fund. The agency that seized it gets to keep a portion.

Evidence

If you file a timely claim, you bear the burden of proving your money came from lawful sources. Without documentation, recovery is nearly impossible.

Evidence you need: Bank withdrawal records showing the source of the cash. Business records if the money came from business operations. Tax returns showing you reported the income that generated this cash. Contracts or invoices explaining the purpose of the cash. Affidavits from witnesses who can verify the lawful source.

The government doesn’t need to prove a crime occurred. They just need to show “reasonable suspicion” that the money is connected to criminal activity. Their argument: “Large amounts of cash are consistent with drug trafficking.” Without documentation countering those arguments, you’re fighting uphill.

Realistic outcomes? Best case—maybe 10% of cases—you get full return. Common case—60-70% of contested cases—negotiated settlement where government returns 50-80%, you sign a release. Worst case—the government files a federal civil forfeiture complaint, you spend $25,000-$50,000 in legal fees litigating.

International Travel

If you’re traveling internationally with more than $10,000, you must file FinCEN Form 105. The Bank Secrecy Act (31 USC § 5316) makes it a federal requirement. Failure to declare results in automatic seizure. “Currency” includes cash, traveler’s checks, money orders. Domestic flights operate differently. No reporting requirement. No limit. But carrying large amounts on domestic flights can still trigger seizure if law enforcement suspects criminal activity.

Common mistake: carrying $9,999 repeatedly to avoid the $10,000 reporting requirement. That’s structuring. It’s a federal crime (31 USC § 5324) that carries up to five years in prison.

If CBP seizes your cash, you have 35 days from the notice date to file a claim. Miss that deadline and your money is gone forever. Most cases settle for partial return. Litigation costs $25,000-$50,000.

Call 212-300-5196.