U.S. Custom Currency Seizure
I am sure you have seen people flying into the United States from abroad help each other on the plane to fill the blue Customs Declaration Form, especially if they do not know the English language well. It is very important that you be very candid with that. Each traveler arriving into the United States must complete this blue colored form, US Customs and Border Protection Declaration Form 6059B. If you are traveling as a family, meaning “members of a family residing in the same house and related to each other by blood, marriage, domestic relationship or adoption”, you are only required one form per family.
U.S. laws allow an international traveler to enter or leave the country with any amount of money (i.e. cash, checks etc.), however if the total of the money/monetary instruments, at one time, are more than $10,000, then you must properly declare it to the U.S. Customs and Border Protection with FINCEN Form 105. Keep in mind there are no customs duties, taxes or any other fees paid to U.S. Customs for the international transportation of the money; it is merely a reporting requirement to U.S. Customs. Many people misunderstand this currency law and incorrectly believe that $10,000 is the limit one international traveler can carry. Because of this misunderstanding and incorrect information, everyday a lot of travelers refrain from declaring the correct amount of money they are carrying, and end up violating the Federal Currency and Foreign Reporting Act.
U.S. Customs and Border Officials may examine the traveler and his/her luggage if they believe the traveler is not telling the truth about the money being transported, if over $10,000 in monetary instruments, including travelers checks and U.S. or foreign currency, is discovered, and the required form, FINCEN Form 105, has not been filed with U.S. Customs, all of the money is likely to be seized, in other word, will be taken from you by U.S. Customs on the spot.
If you were subject to the U.S. Custom’s seizure of currency, contact an experienced customs attorney to advice you on the best course of action. You have several legal options to fight against Custom’s currency seizure and forfeiture proceedings; you may want to file an administrative petition, Petition for Remission or Mitigation, with Customs, or alternatively you may file a claim to get into court.
We successfully handle many customs money seizure cases, contact an experienced customs attorney now, at (646) 657-8144 or send us a message on our Contact Us page.