If you enter or leave the U.S. carrying over $10,000, Customs requires you to report the money by filing a funds reporting form. Sadly, most people fail to do so, necessitating Customs to seize the funds during your arrival or departure. When your money is seized for failing to report, you can obtain a refund with the help of an attorney. If this does not happen, the government will forfeit the money.

If you have lost your money to this kind of seizure, a skilled asset forfeiture attorney can help you recover it. They will first determine how Customs seized your money and your options. Our competent attorneys at Asset Forfeiture Attorney have experience assisting travelers in recovering the assets the government forfeits. We can work together for a smooth and successful legal process.

Who is Affected by the DEA Airport Cash Seizure?

DEA airport cash seizures are mainly conducted to combat drug-related trades. The assumption is that some people who carry large amounts of money in cash are involved in an illegal trade. You will find DEA agents throughout airports observing travelers for any indication that they have large sums of money or drugs in their person. These trained agents can observe a person’s behavior for suspicious activity or anxiety. Most people who have been arrested with narcotics or large sums of money in airports have exhibited a particular pattern of behavior, which the agents observe during their routine patrols within the airports.

The issue with this strategy is that it is not always accurate. Sometimes, it captures innocent travelers, and other times, it does not succeed in stopping a brilliant smuggler. Here are some of the characteristics that DEA agents observe when looking for travelers smuggling drugs or large amounts of money:

  • Most of them obtain a one-way travel ticket
  • The ticket is usually bought on the travel day or at least 72 hours before the travel date
  • Most of them travel to or from states or countries known for the illegal trade of narcotics
  • They obtain travel documents in cash
  • The individual obtaining the ticket almost always has a criminal record
  • They are usually males, aged between 18 and 40

A one-way travel ticket is always a red flag for DEA agents. The agents become more suspicious if the person travels to or from California or Colorado. DEA agents target people who exhibit these characteristics because marijuana traffickers always bring a lot of cash on them when traveling to California and Colorado. They use the money to obtain more drugs and then use rental cars to travel back home.

Thus, DEA agents at the airport will likely investigate a male traveler between eighteen and forty years old with a one-way air ticket to any of these states. If the person has a drug-related criminal history, the agents will not hesitate to question the traveler. Although these checkups do not always yield a positive outcome, many suspicious activities have been stopped.

However, having a one-way travel ticket will not result in an investigation by DEA agents if you do not demonstrate any suspicious activity or do not meet other criteria. However, if you fit the requirements, you will likely be stopped and could lose your money to a DEA cash seizure, even without evidence that you are involved in illegal activity. The DEA has seized millions of dollars from innocent travelers without sufficient evidence to show that the travelers were engaged in unlawful activities. Sadly, only a few people fight back. Consequently, the government gains all the unclaimed assets from people who lack legal knowledge or support to stop it.

The laws governing civil property forfeiture in California have removed some critical procedural safeguards Americans enjoyed in civil matters. This leaves travelers less protection, even after an unlawful DEA cash seizure. If the DEA violates or ignores your rights in an airport cash seizure, a skilled asset forfeiture lawyer can help fight for your rights. They will also advise you on your options and support you as you fight to recover the seized amount.

Areas You Will Likely Face a DEA Airport Property Seizure

Most DEA cash seizures occur in major airports nationwide, including San Francisco, Los Angeles, Boston, Atlanta, New York, Charlotte, Dallas, and Miami. Homeland Security and the DEA are typically the law enforcement agents authorized to conduct searches and seizures on local flights.

When you travel by air, you are usually distracted by all kinds of things, including the details of your journey. If an agent approaches to question you about the trip, you could feel obligated to answer and even agree to a property search. Since these agents catch you off guard, you could provide incriminating information that could trigger more searches and seizures. Legally, the DEA has authorization to conduct random searches and ask questions in airports. Its agents can seize your money if they suspect you are engaged in an illegal activity.

If you exhibit suspicious behavior, look nervous, or appear as if you are hiding something, you could be a perfect target of questioning and searching by DEA agents. Your behavior could cause the agents to think that what you have in your person is questionable. Since these agents have the power to conduct searches in public spaces like airports, they can quickly obtain a search warrant and compel you to submit to a search. Other agencies that can seize money at borders are the US Customs and Border Protection Agency.

However, remember that you can carry money when traveling through an airport. There is usually no limit on how much money you can travel within the U.S. However, you must report it by filling out a reporting document if the cash exceeds $10,000. Failure to report gives DEA agents and other agencies the right to seize any money they find after searching your person or property at the airport.

The local police can also seize unreported money. If you do not file for a refund, these agencies usually turn it over to the government for some incentive or kickback. Then, the seizure is considered legal under federal guidelines.

Airport Cash Forfeiture VS Seizure

When the government confiscates your property or cash, it takes possession of it. However, when a government agency forfeits your property or money, it takes ownership. Since forfeiture and seizure are challenging to understand legal terms, you should seek the assistance of an asset forfeiture lawyer to understand your options. Your attorney will also defend your rights and fight alongside you to recover what you lose.

When a government forfeits your property, it deposits it into an Asset Forfeiture Fund. This includes any cash you could lose through a DEA airport property seizure. The Department of Justice manages this fund. However, before the government keeps your money, you should be allowed to claim it. You can do this by filing a claim against judicial or administrative forfeiture through due process. Your skilled attorney will ensure you understand the proper legal process to recover what you lose.

Generally, when the government takes your money under asset forfeiture statutes, it is difficult to know how to recover it if you do not know your rights. Although a judicial forfeiture process does not result in criminal arrests and convictions, it is very powerful since federal and state agencies use it, and it happens through a court procedure. The government starts by bringing a civil forfeiture suit against you in civil court.

Administrative forfeitures are different because they are conducted in-house and in government offices. Since the forfeiture involves no court proceeding, you do not appear before a judge. This makes an administrative forfeiture fast, cost-effective, and resource-efficient. However, it could be challenging to obtain a favorable outcome since you do not get a chance to defend your rights.

Administrative forfeitures happen when the government seizes a person’s cash or property, but they do not contest the seizure or claim the seized property. The government administratively forfeits the property. If you contest the seizure, the government will file a civil or criminal proceeding to gain title or ownership of your property. The government automatically assumes property ownership if you do not contest the seizure.

Filing a Claim to Recover Seized Cash By DEA Agents

If the government does not file a civil forfeiture suit and sends you a notice of property confiscation within the given timeline, you have 35 days from when you receive the notice to claim the cash. If you do not meet the 35-day deadline, the government will administratively forfeit and keep the money. However, obtaining this notice is usually tricky if you do not have proper legal representation. An attorney will also increase your chances of obtaining a favorable outcome. The most critical step in this process is to push for a hearing with the judge, where you will defend your cash. Your attorney can file an administrative suit within the required deadline to obtain this hearing.

You are required to pay a bond. Although CAFRA removes all outlawed bonds in this court process, seizures by US Customs almost always require a bond. The bond is usually 10% of your property’s value. If you do not have the money to pay a cost bond, your attorney can help you file for a waiver. When you are notified about the forfeiture, the document will inform you if you need the bond and how much it will be.

The bond is usually a payment to the government for seizing and holding your property. There is typically no guarantee you will receive the bond after the case (like it happens with bail bonds). However, you can recover the amount if you prove your right to the money. The judge has total discretion on whether or not to return the bond after the matter. You could recover part of that money if the case outcome is unfavorable.

Once you receive a notice to prepare and file a claim, you should go through it with your attorney. Your claim must be a statement identifying your right to the seized cash. You must prove to be the rightful owner or co-owner of the money (or any other connection). If you file your petition within the required time, the government can take any of these actions within 90 days:

  • Return the money to you.
  • File a civil forfeiture lawsuit against you
  • Bring criminal charges against you

Defending Your Property Against Seizure or Forfeiture

If a court grants you a hearing, you can protect your cash against seizure or forfeiture by the government. Here are some of the defense strategies your attorney can utilize for a favorable outcome:

  • The search by DEA agents and seizure of your money was illegal
  • You were subjected to an unlawful interrogation
  • You are the rightful owner of that money
  • You have been subjected to excessive fines
  • You did not have Nexus Defense
  • The government has violated the Statute of Limitations
  • The seized money is from legitimate sources.
  • You intend to use the seized cash for legitimate purposes
  • The character evidence against you is inadmissible
  • You did not authorize anyone to use your money for an illegal purpose

Suppose the government took a long time to bring a case against you. In that case, your attorney can state that you underwent an unjustified, excessive, or unnecessary delay to obtain the judge’s favor.

Find a Competent Asset Forfeiture Attorney Near Me

Losing your money to a DEA airport asset seizure is not unusual if you fail to report that you are traveling with a substantial amount. However, you can recover your money in full with the assistance of a skilled attorney. At Asset Forfeiture Attorney, we understand how difficult it is to navigate the complex legal processes. That is why we are willing and ready to use our skills and experience to defend your rights and push for the total recovery of your seized money.

Call us at 888-571-5590 from California and anywhere in the country if you fear losing your money to the government through seizure or forfeiture. We will explain your options and develop the best defense strategy to obtain a favorable outcome in your case.