As you travel, you might not consider the possibility that your cash will be confiscated from you. But, sadly, as you pass through an airport, there is always a chance that this could occur. Unfortunately, in the United States, it is possible for large sums of cash to be seized at any airport—this includes LaGuardia Airport in New York City.
If you have had your cash seized at LaGuardia Airport, make sure to get in touch with the asset forfeiture and seizures attorneys at Tsigler Law today. We proudly serve NYC, including Brooklyn and Queens.
Why Did LaGuardia Law Enforcement Seize My Money?
Much of the time, travelers don’t expect their money to be confiscated at the airport. Many individuals have the idea that, for your cash to be seized, officers must have good reason to believe you’re involved in some form of criminal activity. However, this is far from the case.
In truth, money can be confiscated from anyone who law enforcement claims is acting “suspicious”—so, due to the rules of cold consent, officers can approach anyone and ask to search their luggage. No warrant is necessary. Instead, as soon as the “suspicious” traveler provides their verbal consent, the officer or agent is allowed to search their luggage. If they find a large sum of cash, this money may be seized. Sometimes, money that is seized at LaGuardia will never be returned to its owner. Even worse, a good deal of the time, this money is confiscated from innocent individuals rather than those involved in a crime.
However, thanks to federal law, it is still possible to have your money returned. Furthermore, if you work alongside a skilled attorney, it’s far more likely that your money will be returned to you.
Is It Illegal to Travel With Money at LaGuardia Airport?
The simple answer? No, despite what the confiscation of your money might make you believe, it isn’t illegal to travel with money—even large sums of cash. This is the case for any airport in the United States.
Nonetheless, if the money an individual is carrying comes from an unlawful source, or if it is used for unlawful purposes, this is a crime. Still, it isn’t a crime to simply possess a large sum of money, even if you’re traveling.
When Should I Declare My Money at LaGuardia Airport?
You might have heard: If you’re traveling with a sum greater than $10,000 in cash, then you will have to declare this with Customs first. But is this true? If so, how do you go about declaring this large sum of money before you fly at LaGuardia?
The only reason you’ll have to declare a sum of over $10,000 is if you’re traveling internationally. There is no specific amount of money for domestic travel that you will need to declare at Customs. Before you cross the border, ensure that you’ve first filled out a FinCEN 105 form at Customs. Additionally, you should be prepared to explain to officers why you’re carrying such a large sum of money if asked. If you cannot provide a legitimate explanation, your money is likely to be seized from you, even if you have filled out the necessary form.
How Do I Get My Money Back, After it Was Seized at LaGuardia?
If your money was seized by the DEA or any other law enforcement officer, the first step is to hire an attorney. You should work with an asset seizure and forfeiture lawyer—ideally, this lawyer should have substantial experience dealing with airport confiscations. Given your location, your best bet would be to get in touch with the legal team at Tsigler Law.
If you are trying to have your money returned to you, there are a few potential defenses that you can utilize. First, you can opt to plead innocent. If it is believed that the money was either obtained or was being used illegally, then your attorney can argue that you were unaware of this. If you choose this line of defense, and if it succeeds, you may be absolved of any charges leveled against you—whether these are federal or state charges.
Another defense would be to claim unlawful search and seizure. Whenever you use this line of defense, you might be able to have evidence suppressed, making it highly unlikely that the case will move forward. For example, if you can demonstrate that officers searched your luggage and confiscated funds without the correct court order, this would be considered unlawful search and seizure.
A third defense is known as unreasonable delay. In some instances, the federal government might take too long of a time to file a petition. When this process takes an unnecessarily long time, you’ll be left to wait on the outcome of your case for longer than is reasonable. If you succeed at proving unreasonable delay, it can improve the likelihood that you win your case.
Your attorney could also opt to argue for disproportionality—in essence, this means that the punishment (having your money permanently confiscated) is disproportionate to the alleged crime that you’ve committed by carrying the money in the first place.
Last, your lawyer could employ statutory defenses, several of which are applicable in instances of money seizure. Again, your attorney can explore these further with you if they believe it’s a reasonable route to pursue.
Hire an Attorney After Having Money Seized at LaGuardia Airport
Have you recently had money seized while traveling through LaGuardia Airport in New York City? Unfortunately, this can sometimes occur, whether the money was actually involved in illegal activity or not. In fact, much of the time, money confiscated at airports (including LaGuardia) is taken from innocent individuals—as long as officers claim that they were acting suspicious, it’s possible that luggage will be searched, and money will be confiscated.
If you’re in this position, make sure to get in touch with the attorneys at Tsigler Law. To schedule a consultation, simply contact us through our site.
