Money that is improperly reported to customs and seized at the airport is more common than you might think, especially in big cities like NYC. Still, when it happens, it can be frustrating and embarrassing, not to mention the potential financial hardship. Your chances at a successful outcome can be greatly increased with the understanding of your rights and the process of how to get seized money back from the airport in NYC.
In the United States, anyone traveling in or out of the country has to report how much money they have with them if it exceeds $10,000. If someone fails to properly declare this amount to U.S. Customs and Border Patrol, there can be serious consequences that start with customs or other law enforcement officials seizing your money.
In many cases, you may be obligated to report more than money. Any form of currency needs to be reported to customs if the total value exceeds the limit. This may include:
It is also important to know that the limit applies to a whole group if they are traveling together. For example, a person traveling alone with $3,000 does not have to declare that amount. However, if there are four people traveling together and they each have $3,000 in cash, they are required to report that amount on their U.S. Customs form.
Failing to properly report all currency can lead to seizure and other penalties. However, you do not have to report everything that is related to finances. For example, credit or debit cards or other forms of payment that are not easily convertible to cash may not need to be declared.
If U.S. Customs seizes your money, the first step is to stay calm. They may take possession of your money, but it still rightfully belongs to you. Fortunately, there is some recourse, and it is very common to have seized money returned. But fast acting is essential if you want a successful outcome. Take the following steps to set yourself up for a favorable result:
A: TSA agents can’t seize money themselves, as this does not fall under their purview. If
they suspect illegal activity, they can notify the appropriate law enforcement agency and detain the person until officers arrive. While TSA can’t seize your cash, other law enforcement officers do have the authority to do so if they believe it is linked to illegal activity or if it has not been properly reported.
A: Money seized at the airport is turned over to the federal government to be held in trust until the case is resolved. The money still belongs to the person it was taken from until they either give up their right to have it returned by not taking action or a court decides the money is subject to forfeiture.
A: In addition to having your money seized, failure to properly report money to customs can result in civil or criminal charges. You could be charged with a federal crime, with potential penalties of up to a $500,000 fine and imprisonment of up to ten years, and also be investigated for other financial offenses.
A: To prove your case, you need evidence that the money was obtained through legitimate sources and is not linked to illegal activity. This generally comes in the form of documentation like bank statements, invoices and receipts, business records, and affidavits by people who know about the cash, like a business partner, accountant, or employer.
The Law Office of Jonathan Savella has extensive experience with representing clients in seized cash cases as well as the financial allegations that can come up as a result. Jonathan Savella, Attorney at Law, treats each client with the personal time and attention they need. He has the skills and resources to help you get a positive outcome in your case. Contact our office right away to discuss your case.