The United States requires reporting of all cash and cash equivalents transported into or out of the country when the value equals or exceeds $10,000. Those who violate currency regulations face Customs seizures and penalties. U.S. Customs has made thousands of money seizures from persons entering or departing the United States, but we have repeatedly helped seek the vast majority of these funds back for our clients. Here are some helpful tips on what to do after your money is seized, and how to prevent seizure altogether.

1. Mooney’s Tips for
Traveling with Money
The Mooney Law Firm, LLC: A National Practice of International Scope: www.Customscourt.com
Money Seizures and Currency Transmitters

2. Money seizures are almost always a
surprise occurrence.
Here, we will walk you through what
happens after seizure, the recovery process
of your assets & how to avoid seizures
altogether.

3. So, Your money has been seized by
Customs… What happens now?
You will be issued a custody receipt with your
case number (FPF No.).
You must wait to be issued a Fines, Penalties
and Forfeitures (FPF) Seizure Notice in the form
of a letter. This will inform you of the statutes
you are in violation of. Once you have this
information, you can begin to take the
necessary steps to remedy the situation.

4. Once Customs has your money, their goal
is to retain as much of it as possible. To
recover your assets you must file a Petition
to remit the funds.
This is where you give Customs the reason(s) the
money should be returned, detailing why you did not
report the money originally. There are a variety of
reasons that can be used in this explanation.

5. These will be discussed with you by your attorney when
drafting your petition to remit seized funds.
There are several mitigating factors for
travelers who, for example,:
» Are suffering from a physical or mental
disability
» Are inexperienced at traveling
» Are from a specific country of origin

6. Punitive actions for carrying cash
equaling to or in excess of $10,000
• Civil
• Forfeiture of the money
• Small fine (will not
exceed seized
possessions)
• Future searches/
detentions/ questioning
while traveling
internationally
• Criminal
• Forfeiture of the money
• Fines ranging from
$250,000- $500,000
• Prison time, between 5-
10 years

7. IF YOU ARE FACING THESE CHARGES,
CONTACT YOUR LAWYER IMMEDIATELY.
DO NOT SPEAK WITH CUSTOMS.
The only irrecoverable funds, by law, are those
connected with money laundering schemes, tax
evasion or drug trafficking; all other seized cash
may be remitted.

8. Partnering with an experienced legal team can
greatly improve the amount and the speed at
which you recover your seized money.
Even if you have already abandoned
seized cash, we can still help you
get your money back!

9. What you should know before
you travel so that you can
avoid money seizure
altogether.

10. The Law
“Any person, agent, or bailee of a
person must file a report when they
are knowingly transporting, or about
to transport, monetary instruments of
$10,000 or more at a time across
international borders.” - 31 USC § 5316

11. Cash Myths
“If someone else traveling with me carries some of the
cash, I don’t have to report it.”
FALSE; Customs may treat a family as one unit and may
confiscate cash if the total equals or exceeds $10,000.
“I will be taxed on the cash I report.”
FALSE; taxes will not be applied to any reported cash.
“My money can not be seized if it’s not U.S. currency.”
FALSE; any currency you carry can be seized if it exceeds
the allowable limit.

12. Cash Myths
“Since I wasn’t aware of the rule, I cannot be punished.”
FALSE; ignorance is not bliss and can result in seizure.
“I can’t be criminally prosecuted for carrying $10,000 or more
in cash if I am re-entering my home country.”
FALSE; the law gives provisions for civil and criminal charges if
you are suspected of tax evasion, money laundering or drug
trafficking.

13. To report cash, you need to fill out a FinCEN
105 form which is passed out to passengers
by request before meeting a Customs agent
You can also verbally declare any amount
you are carrying equaling or exceeding
$10,000 to a Customs agent who will then
hand you the appropriate form

14. FinCEN 105 defines
currency as: The coin and
paper money of the
United States or any other
country that is
1. Designated as legal
tender and that
2. Circulates and
3. Is customarily
accepted as a medium
of exchange in the
country of issuance.

15. Currency or Monetary Instruments include: coins
and currency of ANY country, signed checks,
promissory notes, unendorsed checks, and
negotiable investment securities (stocks & bonds)
If you are traveling outside the country with any
combination of these that equal or exceed
$10,000 you MUST
report the amount

16. If you are travelling with unsigned checks,
checks bearing restrictive endorsements
or credit cards with lines of $10,000 or
more, these are NOT considered currency
and do not need to be reported.

17. Did you know?
You may be targeted for a “stop and search” for
cash by Customs based on your ethnicity, length of
stay, and or itinerary schedule?

18. They may go through your belongings,
search any envelopes, or containers, or
search anyone traveling with you.
Customs has the right to detain, interrogate and
search your person without a warrant if they
suspect you have in your possession an amount
totaling to, or in excess of $10,000

19. Upon seizing funds, Customs may
accuse you of being an illegal
Money Transmitter

20. Legal Money Transmitters provide
money transmission services for
consumer to consumer or consumer
to business transactions.
The term ‘‘money transmission services’’ means the acceptance
of currency, funds, or other value that substitutes for currency from
one person and the transmission of currency, funds, or other value
that substitutes for currency to another location or person by any
means

21. Illegal money transmitters are
those who are carrying cash for
another person without a license.
Charging of this action is
considered a civil offense.

22. We have almost 20 years of experience in
dealing with Customs. For legal questions
and case specific issues, please contact our
office today at (800) 583-0250 to speak
with our expert attorneys.
The Mooney Law Firm LLC
http://www.customscourt.com/