If you bring a large sum of cash to the airport, it might be discovered as you enter the security checkpoint before boarding your flight. If a TSA screener secretly tips off state or federal law enforcement officers, they might seize the money for forfeiture.
In fact, over the past two decades, agents with the Department of Homeland Security (DHS) have seized more than $2 billion in currency at airports in the United States.
For a domestic flight, large amounts of U.S. Currency can be seized for forfeiture without a warrant, but only if law enforcement officers have "probable cause" that the money is involved in illegal activities such as money laundering or drug trafficking.
Who Seizes Money at the Airport?
Many bulk cash seizures at airports in the United States, including the Tampa International Airport, involve money taken by law enforcement officers with one of the following agencies:
- Homeland Security Investigations (HSI);
- U.S. Customs and Border Protection (CBP);
- Immigration and Customs Enforcement (ICE);
- Drug Enforcement Administration (DEA); or
- or local agencies like the Tampa International Airport Police Department (TIAPD).
If a federal agent seizes the money, then the federal civil asset forfeiture laws apply. If a local law enforcement officer seizes the money, then state forfeiture laws apply.
Hire an Attorney for Seizures of Cash at Airports in Florida
If the taking of money or other property was improper or illegal under state or federal law, then you should immediately contact an experienced attorney to demand an "early judicial hearing" in federal court to fight for the quick return of your property.
The verified claim for court action forces CBP to refer the matter to the United States Attorney Office. The claim for court action triggers a 90-day deadline for the Assistant United States Attorney (AUSA) to decide whether the seizure was legal.
Hiring an attorney to demand court action is the best way to get the money back quickly.
Attorney Leslie Sammis can take your airport currency seizure case on a contingency basis. That means you don't have to pay any attorney fees or costs unless we recover money.
Call 813-250-0500 to discuss your case.
Our Recent Victories in Airport Seizure Cases
We fight a lot of these cases. Our recent victories include:
- $14,826 seized by U.S. Customs and Border Protection (CBP) at the Dallas/Fort Worth (DFW) Airport, will be returned by CBP after the AUSA "declined" to file a forfeiture action in court within the 90-day deadline.
- $16,563 seized by an agent with U.S. Customs and Border Protection (CBP) at Tampa International Airport and $16,563 was returned within 4 months;
- $159,950 plus interest returned by U.S. Customs and Border Protection (CBP) after a cash seizure at Tampa International Airport within 6 months (we alleged that some of the money had gone missing and was never found by the seizing agency);
- $63,490.00 seized by U.S. Customs and Border Protection (CBP) at the Orlando International Airport, but the entire amount was returned within five months (after a complaint for forfeiture was filed by an AUSA in the U.S. District Court but later dismissed);
- U.S. Customs and Border Protection (CBP) returns $45,001 after airport seizure of $45,001 in Cleveland, Ohio within six months;
- DEA seizes $52,620 at the Fort-Lauderdale-Hollywood International Airport and agrees to a full refund within 6 months;
- CBP returned $30,000 after $30,000 in U.S. Currency Seized at Tampa International Airport;
- DEA Seized $30,000.00 at an airport in San Francisco but returned $29,375.89 within eight months;
- DEA seized $13,260 cash at the Orlando International Airport and $13,260 returned within 6 months; and
- $13,227 seized by a special agent with Homeland Security Investigations (“HSI”) at the Tampa International Airport and only $11,892 returned (after we alleged that some of the money had been stolen and was never found by U.S. Customs and Border Protection (CBP)).
It is our experience that you should file a verified claim demanding that CBP refer the case for IMMEDIATE COURT ACTION instead of waiving your important rights by either submitting a petition for an administrative decision using remission or mitigation, an offer in compromise or simply abandoning the property.
How is the money at the airport is discovered?
Receipts for "Undisclosed Amounts of U.S. Currency" at the Airport
Officers with the Tampa International Airport Police Department (TIAPD) have their own receipt forms that put you on notice that you can demand an adversarial preliminary hearing (APH) within 15 days.
If you get a notice of seizure from the TIAPD, always hire the attorney to demand the APD within 15 days because that is your best chance of getting all the money back and getting it back quicker.
Custody Receipt for Property Seized at the Airport
The Custody Receipt for Seized Property and Evidence (DHS Form 6051S (08/09)) can be found in Handbook 5200-09. Form 6051S lists the incident number, the investigating case number, the enforce number, whether any prior detentions had occurred, the date of this seizure, the time of the seizure, and the name and address of the person from whom the property was seized.
The agent will then list the property taken. Later, the agent will document the acceptance of the property by another person so that the chain of custody can be documented.
If you didn't receive a receipt or the amount listed on the receipt is less than what was actually seized, you should be worried. Over the years, it has become all too easy for federal agents to pocket seized cash with little fear of getting caught.
What Authority Does Homeland Security Have to Seize the Money at the Airport?
If agents with Homeland Security seize the currency at the airport, they often allege that it is subject to forfeiture under the provisions of Title 18, United States Code, section 981(a)(1)(C).
If you do nothing, you may wait up to 60 days for the notice of seizure letter to arrive in the mail. The notice of seizure letter outlines your rights to contest the seizure. To speed up the process, if you hire an attorney, the attorney can help you file a verified claim to demand an EARLY JUDICIAL HEARING for court action immediately.
The claim is a letter written by your attorney and verified by you. The verified claim is then sent to the agent and local U.S. Customs and Border Protection (CBP) office.
The verified claim also triggers a 90 day period in which CBP has to refer the matter to an AUSA who must decide between returning the money or filing a forfeiture action in the U.S. District Court.
Letter from CBP's Fines, Penalties, and Forfeiture Officer
The letter will be sent by a “Fines, Penalties and Forfeiture Officer.” For seizures at the Tampa International Airport, the correspondence will usually be addressed to the U.S. Customs and Border Protection, Fines, Penalties and Forfeitures (FPF), 1624 E. 7th Avenue, Suite 101, Tampa, Florida 33605.
The purpose of the letter is to advise you of the options concerning this seizure. CBP will also send the following documents:
- “CAFRA Election of Proceedings” form; and
- “CAFRA Seized Asset Claim” form.
Be advised that any false statement or claim may subject a person to prosecution under 18 U.S.C. Section 1001 and/or 18 U.S.C. Section 1621, punishable by a fine and imprisonment.
Demanding Court Action and a Jury Trial to Contest a Cash Seizure
The only downside to demanding judicial action is that you MIGHT have to appear in a courtroom in front of a judge at the Federal District Court. That only happens if the U.S. Attorney's Office decides to file the lawsuit which is rare.
Only if the U.S. Attorney's Office decides to file a forfeiture action would you be required to go to court, exchange written discovery, or have your deposition taken. Your attorney can also protect you during that process by first requiring the court to issue a ruling on whether probable cause existed for the seizure.
Note that your attorney doesn’t have to wait for the “Notice of Seizure and Information to Claimants CAFRA Form” letter to request court action.
The attorney can make that election immediately after the seizure by sending the verified letter demanding court action. In some cases, the attorney will send the verified letter the next day after the seizure.
The letter should also include your attestation and oath that you have an interest in the property claimed because you own the property and are requesting that the government initiate a judicial action to forfeit the seized property.
Any innocent third party can also submit a claim with an innocent owner defense.
You will be instructed that you must elect court action within 30 days by requesting a referral of this matter to the U.S. Attorney, who will have the authority to simply return the property to you without any further delay.
The U.S. Attorney might file a forfeiture action against the property in federal court pursuant to 18 U.S.C. Section 983(a)(3). If you choose this action, your attorney will check Box 4 on the “Election of Proceedings” form.
Your attorney will also complete the enclosed “Seized Asset Claim” form or otherwise submit a complete judicial claim as required by 18 U.S.C. Section 983(a)(2)(C).
Option 4 provides:
I AM FILING A CLAIM AND REQUESTING THAT CBP REFER THE CASE FOR COURT ACTION. Please send the case to the U.S. Attorney for court action. I have fully completed, signed, and attached a “Seized Asset Claim” form.
I understand that if I have not fully completed this form, or otherwise made a proper claim and request for judicial forfeiture pursuant to 18 U.S.C. Section 983(a)(2)(C) within 35 days after the date the notice of seizure was mailed, CBP will treat any submission as a petition for relief without the ability to seek future judicial forfeiture proceedings.
Other Less Desirable Options
1. Take No Action and Do Nothing:
If you choose to do nothing, the CBP will initiate a forfeiture action. The first notice will be posted on or about 35 days from the date of this letter.
For property appraised in excess of $5,000, CBP will post notice of seizure and intent to forfeit on the internet at www.forfeiture.gov for 30 consecutive days.
For property appraised at $5,000 of less, CBP will post a notice of seizure and intent to forfeit in a conspicuous place accessible to the public at the customhouse or Board Patrol sector office (where appropriate) nearest the place of seizure as well as on the internet at www.forfeiture.gov for 30 consecutive days.
2. Abandon the Property
Abandon any claim or interest you may have in the property. If you select this option in the “Election of Proceedings - CAFRA Form” then no additional notice about further proceeds concerning the property will be provided to you.
3. File a Petition - Will Delay and Prolong the Resolution
You can file a petition with the CBP office within 30 days from the date of this letter in accordance with Title 19, United States Code (USC) Section 1618 and Title 19, Code of Federal Regulations (C.F.R.), Section 171.1 and 171.2 (19 C.F.R. Section 171.1, 171.2), seeking the remission of the forfeiture.
The petition does not need to be in any specific form, but it must describe the property involved, identify the date and place of the seizure, including all the facts and circumstances which you believe warrant relief from forfeiture and must include proof of your interest in or claim to the property.
Examples of proof of interest include, but are not limited to, a car title, loan agreement, or documentation of the source of funds. If you choose this option you must check Box 1 on the “Election of Proceedings” form.
By completing Box 1 on the “election of Proceedings” form, you are requesting administrative processing. You are requesting that CBP refrain from beginning forfeiture proceedings while your petition is pending or that CBP halt forfeiture proceedings if they have already commenced.
If you choose to file an administrative petition and you are dissatisfied with the petition decision (initial petition or supplemental petition), you will have an additional 60 days from the date of the initial petition decision, or 60 days from the date of the supplemental petition decision, or such other time as specified by the Fines, Penalties and Forfeiture Office to file a claim to the property requesting a referral to the U.S. Attorney.
If you do not act within these time frames, the property may be administratively forfeited to the United States. You may also request a referral to the U.S. Attorney at any point prior to the issuance of a petition decision by filing a claim.
Please see section 4 of this letter for information on how to request judicial action. If you take such action after filing a petition for relief, your pending petition will be withdrawn from consideration.
If you request a referral to the U.S. Attorney or if another person asserting an interest in the same property chooses a referral to the U.S. Attorney, the matter will be referred to the U.S. Attorney who will have the authority to file a forfeiture action against the property in federal court pursuant to Title 18, U.S.C., Section 983(a)(3)(19 U.S.C. Section 983(a)(3)).
If upon receipt of your petition, the matter has already been referred to the U.S. Attorney’s Office for the institution of judicial forfeiture proceedings, your petition will be forwarded to the U.S. Attorney’s Office for consideration.
4. Any Offer in Compromise will Delay a Resolution
If you are offering money in settlement of the case, you must include payment (bank draft, cashier’s check or certified check, drawn on a U.S. financial institution, and made payable to CBP) in the amount of your offer. CBP may only consider the amount of your offer and will return the full offer if it is rejected.
If you choose to submit an offer in compromise and are dissatisfied with the offer decision, you will have an additional 30 days from the date of the offer decision to file a claim requesting a referral for judicial action. If you do not act within the additional 30 days, the property may be forfeited to the United States.
You may also request a referral for judicial action at any point prior to the issuance of the offer decision by fully completing the enclosed “Seized Asset Claim” form or by otherwise submitting a complete judicial claim consistent with the requirements under 18 U.S.C. Section 983(a)(2)(C).
If, upon receipt of your offer, the matter has already been referred to the U.S. Attorney’s Office for the institution of judicial forfeiture proceedings, your offer will be forwarded to the United States Attorney’s Office for consideration as an offer in settlement of the judicial action, as appropriate.
Be advised that any false statement or claim may subject a person to prosecution under 18 U.S.C. Section 1001 and/or 18 U.S.C. Section 1621, and may be punishable by a fine and imprisonment.
Additional Resources:
U.S. Customs and Border Protection (CBP) in Tampa - With an office in Tampa, FL, CBP is an agency within the Department of Homeland Security that manages, controls, and protects the nation's borders and official ports of entry.
U.S. Customs and Border Protections Fines, Penalties and Forfeitures (FPF) Office 1624 E. 7th Avenue, Suite 101 Tampa, Florida 33605
Tampa International Airport Police Department - Visit the website of the Tampa International Airport Police Department to learn more about this nationally accredited law enforcement agency with 44 support personnel, 63 traffic specialists, and 66 sworn police officers. Sections of the TIAPD include the Airport Operations Center, Administration, Traffic, Bike Detail, Crime Prevention, Criminal Investigations, K9, and Patrol. In addition to providing traditional law enforcement services, the TIAP also enforces federal regulations associated with transportation security.
Tampa International Airport Police Department
4160 George J. Bean Parkway
Tampa, Florida 33607
Phone Number: 813-870-8700
FY15 | FY16 | FY17 | FY18 | FY19 | FY20 TD AUG | |
---|---|---|---|---|---|---|
Amount (USD) | $75,964,824 | $62,101,328 | $65,002,856 | $63,691,464 | $68,879,080 | $93,302,645 |
Conclusion
If a federal agent with Homeland Security Investigations (HSI) or U.S. Customs and Border Protection (CBP) took your cash, vehicle, or other property, and then alleged that the property was involved in unlawful activity, contact an experienced attorney to fight the forfeiture action.
Whether the taking took place at your home, work, the roadside, or the airport, we can help you fight the forfeiture action with the goal of obtaining the immediate release of the money to you.
We also represent clients who are arrested for any other reason after being accused of committing a crime at Tampa International Airport, including carrying a concealed weapon or firearm, possession offenses, and driving under the influence on the airport property.
We represent clients after an arrest by the Tampa International Airport Police Department (TIAPD) and other law enforcement agencies at the airport.
Call 813-250-0500 to discuss your case.