Attorneys for Cash Seizures for Domestic Flights

If any law enforcement officer confiscated your cash at the airport, we can help. The attorneys at Sammis Law Firm focus on property and cash seizures by federal agents with CBP and DEA at airports nationwide.

Don’t compound one mistake by making another. Contact an experienced attorney at 813-250-0500. We can act quickly to preserve your rights.

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 airports in Tampa, Miami, Ft. Lauderdale, Orlando, Atlanta, New York, Cleveland, Houston, San Antonio, Los Angeles, and San Francisco are all too common.

When travelers arrive at the airport, the amount of currency in their possession might be discovered as they go through the airport’s security checkpoint. If TSA screeners discover that the traveler is carrying large amounts of U.S. Currency, they might provide a secret tip to a federal agent with Customs and Border Protection (CBP), the Drug Enforcement Administration (DEA), or a local law enforcement agency.

The law enforcement officer might then detain the suspect and ask them questions. Those questions might include: Where are you traveling to? How long will you stay? Do you have drugs or money in your possession? Will you consent to a search of your pockets, carry-on bag, or checked luggage? If any “inconsistent” statements are made, the law enforcement officer might attempt a search and seize any money found.

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 of 31 U.S.C. § 5316(a) for failing to report cash that exceeds $10,000, structuring the currency between two or more travelers to avoid the reporting requirements, or bulk cash smuggling. If the CBP agent has “probable cause” that a violation occurred, the agent might seize the unreported funds pursuant to 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 of a violation of federal law, including inconsistent statements, buying a one-way ticket, booking a last minute flight, packaging the money in a suspicious manner, 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 U.S. Currency confiscated. At Sammis Law Firm, our experienced civil asset forfeiture attorneys can help you file the verified claim immediately after the seizure.

After filing the verified claim, the government has 90 days 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 wait. After waiting up to 60 days, CBP will send a “notice of seizure” by certified mail. The “notice of seizure is usually send 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:

• Doing nothing which permits CBP to initiate nonjudicial forfeiture proceedings within thirty-five days from the date of the letter so it can keep the money without a fight;
• Filing a petition for an administrative action for remission or mitigation within thirty days from the date of the letter which stipulates the seizure was proper, but allows CBP to decide whether to release some of the property;
• Filing a claim for court action within 35 days, which is the only way to contest the legality of the seizure in court.

Although some attorneys might suggest filing a petition and submitting financial records, bank statements, and tax returns, you are not required to provide the government with such documentation. If the taking was illegal, you should file a claim for court action to demand the money be returned.

Many people do not comply with the deadline for court action because their verified claim is not received before the deadline. In those cases, the federal agency will send a form letter advising the person that the petition was “untimely and would not be considered and that administrative forfeiture proceedings were 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 quickly get the cash seized from the airport back.

Call 813-250-0500.