Although traveling is an enjoyable experience for many individuals, it can also be a stressful one. This is especially true when it comes to airports, such as Newark Liberty International Airport. Most airports are filled with law enforcement officers and agents attempting to interfere with any alleged criminal activity.
To parse out this criminal behavior, officers will often single out individual travelers and request to search their luggage. In some instances, this can lead to sums of money being confiscated—this is especially common when the traveler is carrying a large sum of cash.
Even if you are innocent, there’s still a chance that your money could be confiscated by the DEA or other law enforcement officers. If this occurs, you must hire a skilled asset forfeiture and seizure attorney. Whenever your cash is seized at Newark Airport, you can turn to the services of Tsigler Law. We’re located in New York City and have office locations in both Manhattan and Brooklyn.
Can You Legally Fly With Cash at Newark Airport?
As law enforcement officers are permitted to confiscate money from travelers, it might seem that carrying money (especially large sums of cash) is an illegal activity. However, is this an accurate impression?
Simply put, this is an easy misconception to arrive at if you have ever had money seized at Newark Airport. But, perhaps surprisingly, there is nothing inherently illegal about flying with money, even if it’s a large sum you are bringing along. The only instances where this is illegal is when the money was obtained through illicit means or whenever the money is intended to be involved in illegal activities. Otherwise, it is perfectly legal to travel with money as you pass through Newark Airport in New Jersey.
So, it can seem confusing that money is sometimes seized from innocent travelers in the first place. If there’s nothing innately unlawful about flying with money, how do law enforcement officers at Newark Airport have the right to confiscate it? This is a complicated situation due to the nature of civil forfeiture laws. Using cold consent, if an officer requests to search your luggage, a simple “yes” from you will allow them to do it. However, if they discover money and believe that it is related to criminal activity, the officer can seize it—even if there is no evidence of criminal behavior.
Civil forfeiture laws are extremely broad, and this lack of restrictions can lead to problems for travelers. As a result, many innocent travelers will have their money seized at Newark Airport—even if that individual is completely innocent.
Do I Have to Inform Customs If I’m Traveling With Over $10,000?
For the most part, the general public isn’t familiar with laws relating to traveling with money. Some individuals might believe that if you are ever traveling with sums of money greater than $10,000, this will have to be declared at Customs. Otherwise, the money can rightfully be taken from you.
Nonetheless, this isn’t quite the case. The only travelers who must declare sums of money greater than $10,000 are international travelers. If you are a domestic flyer, then there is no requirement for you to declare any amount of money to Customs.
If you are flying internationally from Newark Airport, it is quite simple to declare sums of money greater than $10,000. All you will need to do is fill out a FinCEN 105 form at Customs, and you’re good to go.
When Will Money Confiscated at Newark Airport Be Returned?
If you have had money seized at Newark Airport, it can be a highly confusing situation—especially if you know yourself to be innocent. The first thing on your mind is likely: How can I get my money back? Or is it possible to have my money returned to me after it was confiscated?
Thankfully, it is possible to have your money returned to you if it was seized at Newark Airport (or any other airport in the United States). However, before all else, you will have to hire an experienced cash seizure attorney to help you throughout the process. This will make it far more likely that your money will be returned to you.
There are five primary defenses you can make when you’re looking to have this money returned to you. These defenses are:
- Pleading innocent. If the money is believed to be involved in illegal activities—you can claim that you were unaware of this.
- Claiming unlawful search and seizure. If the money was found during an unlawful search, it is likely that the money will be returned to you.
- There was an unreasonable delay when the federal government was filing a petition.
- An argument for disproportionality. If you believe that the seizure of your money is a consequence disproportionate to whatever crime you are thought to be committing.
- Additionally, several statutory defenses are applicable in instances of money forfeiture.
Your money is likely to be returned to you if:
- -The search performed on your luggage was unconstitutional.
- -No laws were contravened, and thus, no criminal charges could be pressed.
- -You didn’t receive a notice of seizure quickly enough.
- -According to the 8th Amendment, the amount of confiscated money is greater than what Customs is allowed to keep.
- -There was an oral amendment of your currency declaration, although Customs failed to honor this.
Money Seized at Newark Airport? Contact Tsigler Law, Today
If you have had money confiscated at Newark Airport, it’s important that you hire a skilled attorney. For this job, it is in your best interest to turn to Tsigler Law. We are highly experienced in asset seizure and forfeiture, including the seizure of money at airports. Using our services, it is far more likely that your money will be returned to you.
Are you interested in scheduling a consultation with Tsigler Law to begin discussing your case? To get started, simply get in touch with us through our online form.
One Response
I was carrying 3 gold bullions into the US from Abu Dhabi worth $7000 USD (25,285 AED)
My purchase receipts will show that I purchased 3 gold bullions totaling 25,285 AED = approximately $7000. I made these purchases with my credit card in Abu Dhabi and Dubai. If needed, I can get the credit card transactions of these purchases.
I declared these on my customs entry form. In the line where it says high value items I put down $7000.
I was flagged for a customs check because I made the $7000 declaration.
Officer Antonio Oliveri told me right off the bat that my gold bullions would be detained, without even looking at the items that I declared, unless I had a gold broker’s formal entry form on me. I did not have a gold broker’s formal entry form and have never heard of it.
I overheard another customs officer say to Officer Oliveri “You can’t take it”, and I heard Officer Oliveri replied “Oh, I’m taking it”
I was made to wait 1 hours and 40 minutes for Officer Oliveri to check my declared items at the checking station. There were 3 other checking stations with custom officers sitting idle. There were no other travelers in the area that needed their baggage checked by customs.
I was led into a private room (away from the cameras on the open floor) to have my gold bars checked. Officer Oliveri and 6 other customs officers entered this small private room for this check.
Officer Oliveri took my gold bars for detention and gave me a detention invoice with the description of my items written as “yellow colored bars”. I felt that was a racial slur to me being Chinese-American.
I felt Officer Oliveri discriminated against me and abused his position of power as customs officer to make my time at customs difficult.
If my 3 gold bullions (with serial numbers) are indeed sealed in an envelope at detention facility, then officer Oliveri illegally detained my gold bars just to make my life difficult because he discriminated against me for me being Chinese-American.
If what’s sealed in an envelope at detention facility aren’t my 3 gold bullions, then officer Oliveri would’ve taken my gold and put some bullshit items into detention. In this case, officer Oliveri would’ve committed a crime taking my gold while working as customs officer at Newark Airport customs. The items he placed at detention would need to match “2 large yellow colored bars, and 1 small yellow colored bars” and need to be worth $7000. And the items better meet the conditions for detainment, which was written as “Formal Entry Needed”
Between 4pm – 6pm EST on December 17, 2021 at Newark Airport Terminal B. Surveillance cameras can validate my claims. And I have an entry declaration form documenting that I declared $7000 high value items. I have purchase receipts adding up to $7000 USD.