Seizure of U.S. Currency at Airports in New York
Did you know that federal agents are seizing more U.S. Currency from travelers at the airport? These agents work with Homeland Security Investigations (HSI), Customs and Border Protection (CBP), or the Drug Enforcement Administration (DEA).
To seize money taken on a domestic flight, the federal agent needs "probable cause" that the money is involved in drug trafficking or money laundering. For an international flight, the federal agent can seize the money if you failed to disclosed carrying more than $10,000 on the FinCEN 105 Form.
If a federal agent detains you and takes your cash, you should be issued a written receipt. The receipt might list the phrase "undisclosed amount of U.S. Currency seized" instead of the amount of money taken.
If you do nothing, then within 60 days, you will receive a "Notice of Seizure and Information to Claimants CAFRA Form" from a Fines, Penalties and Forfeitures (FPF) Officer with U.S. Customs and Border Protection (CBP) or another agency. That letter triggers a 35 day deadline for you to send a verified claim for court action that must be received before the deadline expires.
Immediately after the seizure at the airport, Attorney Rochelle Berliner can help you file a verified claim demanding early judicial intervention (sometimes called "immediate court action"). The verified claim can be filed the same day as the seizure because you are not required to wait 60 days for the notice to arrive in the mail.
Attorney for Bulk Cash Seizures at Airports in New York
Ms. Berliner fights seizures of cash taken at the busiest airports in the greater New York City metro area including:
- John F. Kennedy International Airport (JFK) in New York
- LaGuardia Airport (LGA) in New York
- Newark Liberty International Airport (EWR) in New Jersey
Immediately after the money is taken, Ms. Berliner can prepare your verified claim and demand for court action. If you already received the notice of seizure in the mail, then your time for making the verified claim is limited.
Ms. Berliner can also help you obtain a copy of any surveillance video at the airport showing the way you were stopped and searched. The video surveillance needs to be obtained from the airport authorities immediately. Sometimes, a court order is required to preserve the video.
Federal agents with the Drug Enforcement Administration (DEA) are also making more seizures of bulk currency at bus stations, train stations, and on the highways. Read more about how NYPD seizes property for forfeiture. No matter which law enforcement agency seized your property, retain an attorney who can represent you at every stage of the case.
Fighting a seizure for forfeiture is not a good do-it-yourself project. So many people miss a deadline or make another mistake that prevents them from getting the money back. An experienced civil asset forfeiture attorney can act quickly to protect your rights.
Call (718) 261-5600.
Notice of Seizure Form After a Cash Seizure at the Airport
If you do nothing after the seizure, then you will have to wait 60 days for the "Notice of Seizure and Information to Claimants CAFRA Form" from a Fines, Penalties and Forfeitures (FPF) Officer with U.S. Customs and Border Protection, to arrive in the mail. The notice will include two other documents:
- The Election of Proceedings form; and
- The Seize Asset Claim form.
If you have not already retained an attorney by the time the notice arrives in the mail, then act quickly. Attorney Rochelle Berliner, an experienced civil asset forfeiture attorney with offices in Queens, can help you file the verified claim for the U.S. Currency and fight to get all of the money back.
Contact attorney Rochelle Berliner to find out why you should bypass the less effective administrative proceedings such as filing a petition for mitigation or remission. Although the administrative proceedings rarely result in all of the money being returned, a demand for court action by filing the verified claim is faster and far more effective.
Demanding court action is the ONLY was to challenge the legality of the taking.
If you demand court action, an Assistant United States Attorney (AUSA) might decide to order the agency to immediately return your money instead of instituting judicial forfeiture proceedings.
Once you demand court action, only the AUSA has the authority to decide whether to file a forfeiture action against the property in federal court pursuant to 18 USC Section 983(a)(3)(19 USC Section 983(a)(3)).
The Notice of Seizure from CBP FPF
The notice of seizure will list the case number and explain that U.S. Immigration and Customs Enforcement (ICE) or another agency seized the property described below at the airport in the greater New York City area. The form will sometimes classify the money as "803 PC U.S. Currency" before listing the "appraised domestic value of the property."
HSI typically seizes U.S. Currency without an arrest for at least $10,000 or more. When amounts under $5,000 are seized, the seizures and forfeitures actions might be brought under state law instead of federal law.
The letter might claim that the property was subject to forfeiture under one of the following provisions:
- Laundering Monetary Instruments under 18 USC 981(a)(1)(A), 18 USC 1956(c)(7)(A), 18 USC 1961(1)(B); or
- Interstate and Foreign Travel or Transportation in Aid of Racketeering under 18 USC 981(a)(1)(A), 18 USC 1956(c)(7)(A), 18 USC 1961(1)(B), 18 USC 1952.
The letter will acknowledge that CBP records indicate that you have an interest in the seized property. Once you get the notice of seizure in the mail, act quickly to find an experienced attorney.
Filing a Verified Claim for Court Action
After a seizure of money at the airport, attorney Rochelle Berliner can help you file the verified claim. It must be received by CBP within 35 days after the date the notice of seizure is mailed. An attorney can help you file the verified claim immediately - even on the same day the money was seized. You do not have to wait 60 days for the notice of seizure.
Your attorney can help you demand that the case is referred to the U.S. Attorney who has the authority to file a forfeiture action against the property in federal court pursuant to 18 USC Section 983(a)(3). An attorney can also help you file an Election of Proceedings forms and complete the Seize Asset Claim form or otherwise comply with each requirement in 18 USC Section 983(a)(2)(C).
The sooner you file a verified claim, the sooner your attorney can start the process of getting the money returned.
Do not delay. Seek out the services of an experienced civil asset forfeiture attorney today.
This article was last updated on Thursday, July 2, 2020.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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