Can you go to prison for not declaring cash at border

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases. If you’re reading this, you probably got stopped at the border with undeclared cash – or you’re about to travel with a large amount of money and wondering what the rules are. We’ve handled high-stakes federal cases, from the Anna Delvey Netflix series to Ghislaine Maxwell’s juror misconduct case to complex financial crimes. When it comes to currency reporting violations, we know what federal prosecutors look for and how Customs and Border Protection actually enforces these laws in 2025.

Yes, you can go to prison for not declaring cash at the border. Under 31 U.S.C. § 5322, a willful violation of currency reporting requirements can get you up to five years in federal prison and fines up to $250,000. If the violation happens while you’re breaking another federal law, or as part of a pattern involving more than $100,000 in a 12-month period, the penalty jumps to ten years and $500,000. But that’s not the full story – most people who fail to declare cash don’t end up in prison. They lose their money instead.

The $10,000 Rule and What Actually Counts

Federal law requires you to report any amount over $10,000 when entering or leaving the United States. This includes currency, travelers checks, money orders, and other monetary instruments. You report it by filing FinCEN Form 105 with Customs and Border Protection. The rule applies to everyone – U.S. citizens, foreign nationals, business travelers, tourists. Doesn’t matter if the money is legally earned or if you’re planning to deposit it in a bank once you arrive. Over $10,000 means you file the form.

What counts as “over $10,000” catches people off guard. If you’re traveling with your spouse and you each have $6,000, that’s $12,000 total – you need to report it. If you have $8,000 in cash and $3,000 in travelers checks, that’s over the threshold. CBP officers add it all up.

The government has to prove the violation was “willful” to charge you criminally. Willful means you knew about the reporting requirement and chose to ignore it, or you acted in reckless disregard of your legal duty. If you genuinely didn’t know about the rule, that’s a defense – but it’s not a great one, because CBP posts signs in airports and gives you customs declaration forms that mention currency reporting. Federal prosecutors will argue you should have known.

What Actually Happens When You Get Caught

In 2025, CBP seized over $350,000 in just 14 currency reporting violations at Dulles Airport since New Year’s Eve. None of those travelers were criminally charged. They got their money taken and were released to continue their travel. That’s the typical outcome – civil asset forfeiture, not criminal prosecution.

When CBP discovers undeclared currency, they seize it immediately. You fill out paperwork. They ask questions about where the money came from, where it’s going, why you didn’t declare it. Your answers matter enormously – this is where people talk themselves into criminal charges. Anything you say goes into the report. If you lie, that’s another federal crime.

Whether you face criminal charges depends on the amount, how you concealed it, and your criminal history. Money hidden in false-bottom suitcases looks like intentional smuggling. Money in your carry-on is different. If you have prior convictions for drug trafficking or money laundering, CBP refers your case to Homeland Security Investigations for criminal prosecution. At the Anzalduas International Bridge, CBP seized $815,475 hidden in a 2025 Honda Odyssey – HSI opened a criminal investigation because that amount of concealed cash strongly suggests organized crime.

Civil Forfeiture vs. Criminal Prosecution

Civil forfeiture is the government suing your money, not you. They can take your cash even without charging you with a crime. The burden of proof is lower – they just need to show probable cause that the money was connected to illegal activity or that you failed to declare it. You have to prove the money is legitimate and that your failure to declare was innocent mistake.

Getting your money back through civil forfeiture proceedings is difficult and expensive. You’re fighting the federal government, and the process takes months or years. Many people lose because they can’t prove legitimate source of funds – especially if the money came from cash businesses or countries with poor banking documentation.

Criminal prosecution is different. The U.S. Attorney has to charge you, prove willfulness beyond a reasonable doubt, convince a jury. Federal prosecutors are selective – they charge cases they can win and that are worth their time. A tourist who forgot to declare $12,000 probably doesn’t get charged criminally. Someone with $80,000 strapped to their legs who claims they “didn’t know” – that person is getting indicted. The federal sentencing guidelines for currency reporting violations fall under USSG §2S1.3, with sentences based on the amount involved.

What to Do If You Already Failed to Declare

Don’t lie. Once CBP discovers undeclared currency, the worst thing you can do is make up a story or keep changing your explanation. Every false statement is another federal crime – 18 U.S.C. § 1001, making false statements to federal agents, carries its own five-year maximum sentence. People panic and lie because they think it’ll help. It never helps.

Ask for a lawyer immediately if CBP indicates they’re considering criminal charges. Not “I think I might want a lawyer eventually” – tell them clearly you’re invoking your right to counsel and you won’t answer questions without an attorney present. CBP officers will keep asking questions. They’ll tell you it’ll be easier if you just explain. Ignore all that. You need a federal criminal defense lawyer who handles currency violations and asset forfeiture.

Your explanation for why you didn’t declare matters, but only if it’s true and you can back it up. “I didn’t know about the rule” is weak – but if you’ve never traveled internationally before, if English isn’t your first language, if you have documentation showing legitimate source of funds, those facts help. Your lawyer structures how to present this.

At Spodek Law Group, we’ve handled federal financial crimes for many, many years. We know how Homeland Security Investigations builds these cases, what U.S. Attorneys look for when deciding whether to prosecute, and how to challenge civil forfeiture proceedings. Some of the cases we’re known for – are cases other lawyers said were unwinnable. Todd Spodek is a second-generation criminal defense lawyer who grew up in his father’s law firm, learning federal criminal defense from the ground up.

Most currency violation cases get resolved without criminal charges – but you need a lawyer to make that happen. The difference between losing your money in civil forfeiture and going to federal prison often comes down to how you handle the first 48 hours after seizure. We’re available 24/7 because these cases don’t wait for business hours. If CBP seized your currency or if you’re under investigation, call us immediately. The government is already building its case – you need someone building your defense.