As you travel, you could face several mishaps. It isn’t unheard of for these mishaps to occur at the airport as you prepare to fly. Sometimes, individuals may find themselves faced with the seizure of their own money. This can be an incredibly devastating and confusing situation, as that sum of money might have been intended for something particular. Still, in any case, this isn’t a situation that any traveler wants to find themselves in—especially if they’ve never even committed a crime, and believe that this money was unfairly taken from them.
Money can be confiscated at any airport in the United States, including JFK Airport in New York City. If you recently traveled through JFK and had money seized by law enforcement, the first step is to get in touch with trained asset seizure and forfeiture lawyers, such as those at Tsigler Law. In addition, we provide various criminal defense services to NYC, including to Queens and Brooklyn.
Is It Illegal to Fly With Cash at JFK Airport?
If it is possible for sums of money to be confiscated at the airport, you might get the impression that it’s illegal to travel with money—or, at least, with large sums of cash. However, this isn’t at all the case.
In reality, it isn’t a crime to travel with money, even if the individual is flying with large sums of cash. The only instance where this becomes a crime is when the money was obtained illegally or if it was going to be used for illegal means. Otherwise, it is perfectly legal to travel with money.
Still, why do travelers sometimes have money seized, then? This is a bit of a complicated situation and can be frustrating to many individuals who have their money seized. For example, if a law enforcement officer at JFK Airport believes that someone is behaving suspiciously, they might ask to search their luggage. Due to cold consent, the traveler will only need to supply the officer with verbal consent before the officer is legally allowed to perform the search—no warrant is necessary, nor is any other evidence that the traveler has been involved in illegal activity.
Can I Travel With More Than $10,000 at JFK Airport?
Have you ever heard that, allegedly, you aren’t allowed to fly with sums of money greater than $10,000? Or, maybe, you’ve heard that you’ll have to declare this money in advance, if it exceeds $10,000, in total.
Some misconceptions surround how much money you can legally fly with, as well as when you will need to declare this money. What we’ve just mentioned is only partially true—if you are traveling internationally, then yes, you’ll need to declare sums of money greater than $10,000. To do this, you’ll need to remember to fill out a FinCEN 105 form. You’ll be able to fill out this form at Customs.
Nonetheless, this rule doesn’t apply to domestic travel. Whenever you are traveling domestically, there’s no specific amount of money that you’ll be required to declare at Customs. This complicates the situation a bit, as most individuals don’t know how much is too much when flying with money. At what point are you at risk of having your money seized? This is a complex question, and it is a difficult one to answer. In the end, as long as an officer claims that you were behaving suspiciously, there’s a chance that they could confiscate your money.
Why Did JFK Airport Seize My Money?
As we have mentioned, having your money seized at an airport can be confusing. Much of the time, travelers who have had their money confiscated aren’t actually guilty of a crime. Not only does this make the seizure unexpected, but it can also leave travelers bewildered, unsure why their money was even taken in the first place. This is an understandable response.
At JFK Airport, civil forfeiture is employed by law enforcement to intercept any criminal activity. However, in the end, this impacts more than criminals. Civil forfeiture laws can be applied in ways that (supposedly) justify seizing money from innocent people—or, at least, travelers who can’t be proven to be participating in criminal activity.
When Will My Seized Money Be Returned?
If you believe that your money was seized unfairly at JFK Airport, you must work with an experienced attorney. This will grant you the best possible chances of having your money rightfully returned. Otherwise, this can be a difficult feat to accomplish if you’re not already familiar with the system and the best course of action.
There are several overarching circumstances where your money could be returned to you. These are:
- -The search that law enforcement performed to uncover the money was unconstitutional.
- -No laws were broken, and as a result, no criminal charges can be pressed against the traveler.
- -The traveler didn’t receive the notice of seizure in a timely fashion.
- -Based on what is stated in the 8th Amendment, Customs seized more money than they are permitted to keep.
- -There was an oral amendment of the currency declaration—however, Customs failed to honor this amendment.
No matter the line of defense you use, if any of the above circumstances are true, you should have your money returned to you—an attorney can help make that happen.
Money Seized at JFK Airport in NYC? Turn to Tsigler Law
JFK Airport is a bustling and crowded place, so it’s not unheard of that innocent travelers will be singled out and searched. If a law enforcement officer searches your luggage, they could confiscate your belongings, including substantial sums of cash. Of course, it’s not unlawful to travel with large sums of money. However, if the officer claims that they suspect illegal activity, they can seize your property—even if there is no evidence of these alleged crimes.
If you’ve had money seized at JFK Airport, then make sure to schedule a consultation with Tsigler Law. To set up this appointment, just contact us through our website today.
