Was your money seized at Los Angeles Airport (LAX)? Were you stopped at the gate? Did TSA find money in your bags? Did you fail to declare $10,000+ in U.S. Currency to customs (CBP)?
No Attorney Fee/Costs in Cash Seizure Cases
Unless We Recover Money
We help people recover money in Federal civil forfeiture claims.
Money Seized at Los Angeles Airport (LAX) & the Law
1) Is it illegal to fly with cash?
No, it is perfectly legal to fly with cash. In fact, the law allows you to fly with as much or as little as you like.
Think about it: Have you ever heard of someone getting arrested at the airport for possession of too much cash? No, because that is not a crime!
Were you arrested or did they just take your money?
However, keep in mind that things change when the money is unlawfully sourced or has an illegal use or an illegal intended use. Depending on the circ*mstances, transporting such money may create criminal liability. Such money may also be subject to Federal civil forfeiture.
2) What is the $10,000+ declaration rule?
A lot of money seized at Los Angeles Airport (LAX) is taken when travelers fail to declare $10,000 or more in U.S. Currency or negotiable monetary instruments (checks).
What you need to know:
First, the $10,000+ declaration rule only applies when crossing the border into or out of the United States. It does NOT apply to domestic travel.
Second, all you have to do is “declare” – that is it.
If you are traveling with $10,000 or more in U.S. Currency or negotiable monetary instruments (checks), including as a group, you must make it known to U.S. Customs before you cross the border. This is done by submitting a special form called a FinCEN 105.
Per CBP: “There is no limit on the amount of money that can be taken out of or brought into the United States. However, if a person or persons travelingtogether and filing a joint declaration (CBP Form 6059-B) have more than $10,000incurrency or negotiable monetary instruments, they must fill out a “Report of International Transportation of Currency and Monetary Instruments”FinCEN 105 (former CF 4790).
Please be aware, if persons/family members travelingtogether have more than $10,000, they cannot divide the currency between each other to avoid declaring the currency.
For example, if one person is carrying $5,000 and the other has $6,000, they have a total of $11, 000 in their possession and must report it on a FinCEN 105 form. If a person or family fails to declare their monetary instruments in amounts more than$10,000their monetary instrument(s) may be subject to forfeiture and could resultin civil and orcriminal penalties.
The FinCEN 105 form can be obtained prior to traveling or when going through U.S. Customs and Border Protection (CBP). If assistance is required, a CBP officer can help with filling out the form.”
We have successfully helped many travelers recover seized cash after they failed to declare $10,000 or more to U.S. Customs (CBP)
How do I get my money back?
1) Tell us what happened!
While money seized at Los Angeles airport (LAX) is common, each person’s case is unique. What happened in your situation?
Case Details:
- Were you flying on a one-way ticket?
- Did you buy your ticket within 24- 48 hours of travel?
- Were you stopped at the gate?
- Did police call you out by name?
- Were you detained at a TSA checkpoint?
- Were you taken to a private room?
- Were you questioned about your money?
- Did you consent to being searched?
- Was a K9 used?
- Did you check any bags?
- How did you store the money for travel?
- Was the money in any packaging or hidden compartments?
- Were you read your rights?
- Did you feel detained?
- Did you sign anything?
- Were you given any paperwork?
- Did you miss your flight?
- Were you traveling alone?
- Did anything seem wrong or unusual?
Source, Use, and Intended Use:
- How did you earn the seized money?
- Where did you get the cash?
- Why were you flying with it?
- What did you use or intend to use the money for?
2) Assemble your documentation!
Let documentation be your star witness! We use it to tell the story of your case and prove your claim.
Why ask a stranger to believe you when evidence will tell the story for you? Evidence gets money back.
The stronger your documentation is, the stronger your claim will be.
- Can you document your income?
- Where did you get the actual cash?
- Why were you flying with it?
- What was the money used for?
- What was the money intended to be used for?
Our defense method is to use evidence and the law to defend your money. Common sources of helpful evidence have included:
- Vehicle auction documents
- Bank records
- Casino records
- Employment records
- Pay stubs
- W2, W9, 1099, etc.
- Tax returns
- Business records
- Business licenses and certificates
- Invoices and sales receipts
- Pay app records
- Investment documents
- Lawsuit settlement documents
- Insurance payout documents
- Business licenses and certificates
- Emails/texts/dm’s
- Phone records
- Other case specific items
Ultimately, we will use this information to build your claim.
3) Attack the case from two directions!
We attack every money seizure case from two directions:
- Factual Defenses
- Legal Defenses
Factual defenses attack the substance of a case. For instance, we may use employment records to prove you have a legitimate income.
Legal defenses attack the procedure of a case. For example, we may motion the court to suppress illegally seized evidence.
We begin by finding answers to questions:
- What are the deadlines in the case? Have any been missed?
- What can the Government prove at trial?
- Where is their case strong? Where is it weak?
- What evidence are they expected to use?
- To what extent is their case circ*mstantial?
- Who is likely to prevail at trial?
- Was there an illegal search and seizure?
- Was there an illegal interrogation?
- Can admissibility of evidence be challenged?
- Can evidence be rebutted or impeached?
- Do you have any affirmative defenses?
- Are you an innocent owner?
- Are you an innocent buyer or seller for value?
- Are you an innocent bailor/bailee?
What is Administrative Forfeiture?
Depending on the circ*mstances, we may be able to use administrative forfeiture to resolve your case without going to court.
We do this by filing an administrative forfeiture claim with the seizing agency. Since money seized at Los Angeles Airport (LAX) is frequently seized by Federal law enforcement, we may be able to file a Federal forfeiture claim for you.
Before a case is referred to the courts, the seizing agency must send you notice of seizure and give you an opportunity to make a claim. The point of a claim is to give you Due Process before taking your property permanently.
We have successfully used the Federal civil forfeiture claim process to recover money seized by by the DEA at Los Angeles International Airport.
Depending on the circ*mstances, we may file a Petition for Remission, Petition for Mitigation, Offer in Compromise, or a request for judicial action.
Our goal is to recover all of your money as quickly as possible.
Questions? Contact Us!
Updated 12-07-2020
