If a federal agent took your cash at the airport, our attorneys can fight to get it back.
The attorneys at Sammis Law Firm focus on property and cash seizures by federal agents with CBP and DEA at airports across the United States.
Don’t compound one mistake by making another. Act quickly to preserve your rights by contacting an experienced attorney at 813-250-0500.
Federal Agents Seizing Cash at the Airport is Common
Did you know that federal agents routinely seize U.S. currency from travelers at the busiest airports in the United States?
Cash seizures at the airport in Tampa, Orlando, Miami, Ft. Lauderdale, Atlanta, New York, Cleveland, Houston, San Antonio, Los Angeles, and San Francisco are all too common.
When a traveler arrives at the airport, the amount of currency in their possession might be discovered as they go through the airport’s security checkpoint.
If TSA discovers that the traveler is carrying large amounts of U.S. Currency, the screener might provide a tip to a federal agent with Customs and Border Protection (CBP), the Drug Enforcement Administration (DEA), or a local law enforcement agency.
The agent with CBP or DEA might detain the person and begin interrogating them about how much money is in their possession. If any “inconsistent” statements are made, the CBP or DEA agent might seize the money.
Before a domestic flight, the seizure usually involves an allegation under 21 U.S. Code § 881(a) that the money is being used in the drug trade or a money laundering scheme.
Before an international flight, the seizure usually involves a violation 31 U.S.C. § 5316(a) for failing to report cash that exceeded $10,000.
If the CBP agent has “probable cause” that a violation occurred, then it might seize the unreported funds under 31 U.S.C. § 5317(c)(2), which permits civil forfeiture for violations of § 5316.
For the federal agent, almost anything can count as evidence, including inconsistent statements, a one-way ticket, a recently booked flight, money packaged suspiciously, or an alert by a drug dog (even when no drugs are found).
The agents do not always count the currency. Instead, they might write “undisclosed amount of U.S. Currency” on the receipt.
After the seizure, the traveler should immediately make a verified claim describing the amount of money taken. Your attorney can file a premature verified claim on the same day as the seizure.
The verified claim starts a 90-day deadline for the government to file a complaint in federal court. If the deadline is missed, the property must be immediately returned with interest, and sometimes, attorney fees.
You Don’t Have to Wait for the “Notice of Seizure”
Most people do NOT hire an attorney and just wait. After waiting up to 60 days, CBP will send a “notice of seizure” by certified mail.
The “notice of seizure is usually sent to the traveler through certified mail. The notice tells the traveler that the property was seized and subject to civil forfeiture.
The notice of seizure tells the traveler about several options including:
- Filing a petition for an administrative action for remission or mitigation within thirty days from the date of the letter seeking the release of the property;
- Taking no action permits CBP to initiate nonjudicial forfeiture proceedings within thirty-five days from the date of the letter.
Buried in the notice is an option to DEMAND COURT ACTION, which is the only way to contest the legality of the seizure in court. If you miss that deadline to demand court action, the chancing of getting any money back will drop substantially.
Although some attorneys might ask you to gather financial records, including bank statements or tax returns, you are not required to provide the government with any such documentation.
If the taking was illegal, the money should be returned as long as you own the property or have an interest in it.
Many people miss the deadline for filing the claim. In those cases, CBP or DEA will send a form letter advising the person that the petition was “untimely and would not be considered and that administrative forfeiture proceedings had been initiated.”
Finding an Attorney to Get Your Seized Money Back
If you receive a notice of seizure from CBP inviting you to file a petition for remission or mitigation, act quickly to talk to an attorney at Sammis Law Firm about the benefits of simply demanding court action in a verified claim.
Filing the claim is the only way to start the government’s 90-day deadline to file a complaint in federal court.
Demanding court action is often the best way to get the cash seized from the airport back quickly.
Call 813-250-0500.
