Crossing the border into Mexico with cash, whether for medical or dental procedures is a common practice. But what happens if someone neglects to file a FinCEN form? Can US Customs seize their cash?
To understand the situation, let’s look into what the FinCEN form entails. FinCEN (Financial Crimes Enforcement Network) operates under the United States Department of the Treasury, gathering data on financial transactions to combat various financial crimes, including money laundering and terrorist funding.
Cash seizures at the Mexican border don’t necessarily imply that Customs views you as a criminal. FinCEN itself doesn’t handle these seizures directly. Instead, they offer guidance and support to other law enforcement entities, such as Customs and Border Protection (CBP), which enforces laws regarding cash and monetary instruments. CBP officers are empowered to confiscate currency, regardless of its form, if they suspect it’s linked to illicit activities.
When individuals attempt to cross the US border with significant sums of cash (typically exceeding $10k), CBP may seize the funds if they suspect criminal involvement or if the required FinCEN form hasn’t been submitted. Additionally, CBP officers may use trained dogs to detect traces of drugs on the currency, further justifying their actions.
Anyone, regardless of citizenship, carrying $10,000 or more into or out of the US is obligated to complete a FinCEN Form 105, also known as the Report of International Transportation of Currency or Monetary Instruments (CMIR). However, many Americans traveling to Mexico fail to fill out this form.
Upon seizure, CBP typically initiates administrative forfeiture proceedings to legally confiscate the seized assets. Individuals whose cash has been seized have the option to challenge the seizure through the administrative forfeiture process or by selecting one of the four “election of proceedings” options outlined in a notification letter they receive.
In such complex asset seizure cases, San Diego Defenders Forfeiture Law Firm can provide valuable assistance. We only take on cases we believe we can win, supported by our track record and reputation in this specialized practice area. Our firm is well-regarded by US Customs and CBP, and we are confident in our ability to help clients recover their seized assets promptly.
Contact us to learn more about how our experienced team can alleviate your stress throughout this process. We offer free and confidential consultations, and our paralegal specialists are fluent in Spanish. Don’t hesitate to call us today at 619-258-8888.
