If I Follow Customs Cash Declarations Requirements, Am I Safe At Airports?
One of the most common misconceptions about civil forfeiture is that it's related to the $10,000+ cash reporting requirement. This requirement has long existed, and requires you to disclose on your customs form that you are carrying over $10k in cash (or cash equivalent).
Many erroneously believe that if they simply fill out the form honestly, and admit they are carrying over $10k, their money won't be seized. Others believe that their money won't be seized as long as they travel with less than $10,000. Both of these assumptions are FALSE!
Civil forfeiture occurs when the government seizes money they "believe" was used in criminal activity. The forfeiture for failing to disclose that you're carrying $10k+ is an entirely separate reason for forfeiture. Thus, following disclosure requirements does not protect you from civil forfeiture. The government agent will simply say, "Sure, you don't have to declare $8,000 cash, but our dog smelled drugs on your cash! We suspect this is drug money, and we're taking it!"
This happened to a lot of people flying back from the PCA, over the years. Younger people were especially targeted, as they were assumed to be naive regarding how to fight civil forfeiture, and would be more willing to simply let the money go. However, middle-aged and older people were also targeted, albeit not as often.
Coercion to Sign Forms Authorizing the Money Seizure
Picture this. You're pulled over by small town cops in the middle of nowhere, or perhaps detained by Customs or the FBI at the airport. They're accusing you of carrying drug money, and insisting that it will be an open-and-shut case against you because of their dog finding residue. Sure, you know you're innocent, but miscarriages of justice happen all the time. What if you end up serving years in prison for a crime you didn't commit? Obviously it's an incredibly stressful situation to be facing.
Knowing this, often law enforcement will present you with a paper to sign. The paper promises not to charge you for the crimes of which you're suspected, but states that you are agreeing to the forfeiture and will not challenge it. You're told that you have one and only one chance to take this deal, or otherwise prosecution is likely. Do you sign it?
Unfortunately, many people do, especially if the amount of money is something like $8,000. It's simply not worth it to most people to gamble with beating a criminal charge, even one where they are 100% innocent. But what if you do sign it? Does that mean you're screwed?
Not necessarily. A good attorney can make the case that you were coerced into signing the paper, and did not have legal representation at the time it was presented to you. Courts are very aware of these civil forfeiture tricks, and often will disallow or mostly disregard these statements during the hearing to get the money back.
It is best to refuse to sign the paper. Civil forfeiture stings are meant to acquire money, not put people in jail. You can simply state that you are innocent and do not agree with the forfeiture, and do not wish to sign anything. It is unlikely they will arrest you. In fact, if they do, you could later sue them for false arrest, and very possibly win.
What If I Have Proof Where the Money Came From?
Imagine you just won $95k at a poker tournament, and are driving home. You get pulled over, the cops search your car after their "drug dog" picks up a scent, and they tell you that your $95k cash is likely drug money.
You then produce a receipt from a licensed casino showing that you just won that $95k the day before. How could the cops possibly justify taking it at that point?
The bad news is that they can -- and often will. Your ability to produce the legal source of the cash will bode great for your chances in court, but not out on the road with the cops looking to seize money. They can claim that they suspect your receipt is fake, or that they still believe the money was acquired via drug sales, and that you simply carried additional cash along to mimic the amount you had just won. No matter what you show them -- casino receipts, bank statements, or any other proof -- they will almost always seize your cash anyway.
This is true both for airports and highway stops.
Are There Certain Highways or States to Avoid?
Yes. Certain states and highways are notoriously bad regarding roadside civil forfeiture. I-80 is particularly bad for hundreds of miles east and west of Reno, especially to the east. This is because they expect gamblers will be traveling to and from Reno on this highway. Iowa is notoriously aggressive with civil forfeiture, especially on highways which lead to and from casinos. Arizona and Oklahoma also engage in civil forfeiture stops fairly often.
You might be wondering about the well-traveled route on I-15 between Los Angeles and Las Vegas. Wouldn't that be a goldmine for civil forfeiture? Yes, but surprisingly, civil forfeiture stops on I-15 between LA and Vegas are incredibly rare. This is presumably due to influence by the powerful corporate forces in Las Vegas. If word got around that gamblers' money was being taken by law enforcement between LA and Vegas, it would severely harm the tourism and gambling industry in Vegas, as many would-be visitors would be scared to make that otherwise easy 300-mile drive. For that reason, this route is mostly left alone, except in specific cases where they tend to be looking for something.
What Can I Do to Avoid Being a Victim of Civil Forfeiture?
1) Do not carry more than $2,000 cash when flying back from the Pokerstars PCA in Bahamas.
2) Do not carry more than $10,000 cash when flying anywhere else, even though you are allowed to do this without declaring if flying domestically.
3) At airports, carry your cash in a light jacket, if it will fit. If you have "TSA Precheck", you can keep the jacket on without emptying the pockets, and your cash will never be seen. This is not illegal if you are flying domestically, and is still legal for international flights, provided you declare the cash whenever you cross country lines. If the cash will not fit in your jacket, put it in your carryon bag. It is less likely to be reported by TSA if there, compared to checked luggage, and also far less likely to be stolen.
4) If you do have over $10,000 and are flying internationally, always declare the cash. If you don't, they will seize it and you will have no recourse. Again, this will not prevent civil forfeiture, but it will prevent a seizure which will hold up in court.
5) Never sign any papers agreeing to let them keep the money. You will almost never go to jail for refusing to sign it, no matter how aggressive they seem in their demands.
6) If pulled over on the road with cash, never volunteer that you have it, and never state that you're driving to or from a casino. Plan beforehand a story as to where you are going. It can be anywhere, such as visiting family or sightseeing. Just make sure you have memorized it beforehand. However, if asked if you have cash, tell the truth. Do not give them a possible reason to arrest you. If they're asking about cash, they are probably going to bring out the dog to search the car anyway, so there's no point to lie.
7) Always have receipts easily available as to where your cash came from. If you do not have such receipts (such as cash you've been holding for a long time, from long-accumulated gambling winnings), consider making a cash withdrawal from your bank prior to the trip, equivalent to what you're bringing, and then bring that receipt. If the amount is under $10,000, it is less of a big deal that you don't have receipts, as you can simply say that this is your gambling bankroll which you keep in cash at home for such trips. However, again, do not talk about gambling or casinos until they ask about or find the cash you're carrying.
8) Be especially mindful NOT to drive with a lot of cash in the "forfeiture hotspot" areas which I mentioned above. Some areas are far worse than others.
9) If you need to get a lot of cash from place to place, see if you can do a bank wire to the casino you're visiting. Then wire the money back when you're done. You also might want to get accounts at major banks (Wells Fargo, Chase, Citibank, B of A, US Bank), as it's somewhat likely there is a branch at your destination, and you can simply withdraw the cash there (and deposit it when done), provided you give them sufficient notice to have such cash on hand.
10) Do not argue with the law enforcement agent taking your money. Yes, it's outrageous and legalized theft, but your objections will just piss them off further, and they'll make things difficult for you. Politely and firmly assert that you're innocent, and that you can prove it. You can state that you will be hiring a lawyer to get the funds back, even if it results in a net loss for you. You can also state that you are close friends with a lawyer who will likely help you pro bono to get your money back, even if that's not true. There is a small chance that they will not seize the money if they feel there's a good chance you will fight vigorously to get it back. However, in most cases your rhetoric will be meaningless, so keep it short, polite, and don't rant or get angry. Keep your arms down while speaking. Do not give anyone a reason to arrest or beat you.
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