Criminal Defense Lawyers

LaGuardia Airport Money Cash Seizure Lawyers

Fighting to Get Your Money Back: What to Do If You Have Cash Seized at LaGuardia Airport

Having your cash seized at an airport can be an incredibly stressful and frustrating experience. Unfortunately, it happens more often than many travelers realize – especially at busy international airports like LaGuardia in New York City.If you’ve had money taken from you by law enforcement at LaGuardia, don’t panic. There are things you can do to get your cash back. The most important step is to contact an experienced attorney who specializes in these types of cases.

Why Does Cash Get Seized at Airports?

Before we dive into the details of how to recover seized money, let’s first understand why cash seizures happen in airports.According to federal law, it’s not illegal to fly domestically with any amount of cash. You can carry as much or as little as you want when traveling within the US. However, if law enforcement believes your cash is tied to criminal activity, they can seize it through a process called civil asset forfeiture.This means officers don’t need to charge you with a crime to take your money. They only need to show there’s a suspicion the cash is linked to illegal activity. And that suspicion can be as simple as a dog sniffing out the money or you exhibiting nervous behavior when questioned.So while carrying cash itself isn’t illegal, having it taken is still a very real possibility – especially if you’re traveling with large sums of $5,000 or more.

When Do You Need to Declare Cash at Airports?

One common misconception is that you must declare any amount over $10,000 when flying domestically. This is not true. The declaration requirement only applies when traveling internationally in or out of the US.If you’re leaving or entering the country and carrying more than $10,000 in total, you must complete a form declaring it. This applies to cash, money orders, travelers checks, or any other monetary instruments that add up to more than $10,000.Failure to declare can result in the seizure of your money by Customs, significant fines, and even criminal charges.But again, you do not have to declare cash when traveling from one US city to another – even if you’re carrying large sums.

Steps to Recover Seized Cash at LaGuardia

If your money has already been taken, here are the key steps to get it back:

1. Contact an experienced attorney immediately

Don’t delay in finding legal representation. There are strict deadlines for responding to notices of seizure.You’ll need an attorney who specializes in civil asset forfeiture defense. Specifically, look for someone with extensive experience dealing with airport cash seizures.The attorney can send responses to notices, file claims, and build the strongest case possible to recover your money. This is not something you’ll want to navigate on your own.

2. Gather documentation

Your attorney will ask for supporting documentation to prove where the cash came from and why you had it.Examples of helpful evidence include:

• Bank statements showing withdrawals
• Pay stubs or tax returns if it was savings from work
• Business records if it was commercial money
• Casino records if you won it gambling
• Receipts showing recent purchases like a car or property

The more documentation you have, the better. It provides critical evidence the money was obtained legally.

3. Explain what happened during the seizure

Your attorney will want all the details about how the cash was discovered and taken from you. Be prepared to explain:

• Where in the airport you were stopped
• What questions you were asked
• Whether you consented to a search of your bags
• What was said to you by officers
• Whether a drug dog was used
• What paperwork you received, if any

Providing a clear picture of what transpired will assist the attorney in building defenses to get the money back.

4. File a claim demanding return of the cash

Your lawyer will send a formal claim to the seizing agency (usually Customs or the DEA) asserting your right to the money. This starts the official process for contesting the seizure.The claim will outline evidence and legal arguments why the cash should be returned to you immediately. This is your first chance to tell your side of the story.

5. Negotiate return of all or some of the money

Many cash seizure cases end up settling through negotiations between your attorney and the government.Rather than going to court, both sides reach an agreement where some or all of the seized cash is returned. Your lawyer’s experience negotiating these settlements will be key.

6. Take the case to court if needed

If a settlement can’t be reached, your attorney will demand a court hearing to fight for return of the money.They will aggressively argue against the seizure on legal grounds and present evidence supporting your claim to the cash.Going to court can be avoided if a fair settlement offer is made – but your lawyer needs to be ready to litigate if necessary. This takes an in-depth understanding of asset forfeiture law.

Common Defenses in Airport Cash Seizure Cases

There are several legal arguments your attorney may use to defend against seizure of your money:

• Lack of probable cause – This means officers didn’t have sufficient reason to suspect illegal activity. For example, if they based seizure only on you having cash without other evidence.
• Illegal search – If your bags were searched without consent or reasonable suspicion, that violates the 4th Amendment. Evidence found in an illegal search may be suppressed.
• Innocent owner – You can argue you’re an innocent third party and had no knowledge of any criminal activity involving the money.
• Excessive fine – The seizure may violate the 8th Amendment if the amount is disproportionate to any alleged crime.

An experienced attorney will leverage these and other defenses to maximize chances of getting your cash back.

Why You Should Hire an Attorney Immediately

Trying to deal with an airport cash seizure without legal counsel is extremely unwise. These cases have strict procedural rules and deadlines.An attorney knows how to respond to seizure notices properly, compile supporting evidence, and build the strongest case possible. They also know how to negotiate with the government to get the best possible settlement.Don’t take chances with your money. The attorney fees in the end are usually less than what can be recovered – so it makes financial sense to hire representation.The sooner you call an attorney after a seizure, the better. Don’t let the government keep your hard-earned cash without a fight.

Finding the Right Lawyer for Your Case

When searching for the right lawyer, make sure to choose someone with specific expertise in the following areas:

• Civil asset forfeiture – This is a specialty area of law very different from criminal defense. Not all lawyers have experience with forfeiture cases.
• Airport seizures – You want someone who regularly handles airline cash seizures, not just general forfeitures. This is a unique subset of law.
• Federal cases – Since airport seizures involve federal agencies like the DEA, you need a lawyer well-versed in federal law and procedures.
• Negotiations – Recovering cash often involves settlements, so negotiating skill is a must.
• New York law – For LaGuardia cases, your attorney should understand NY asset forfeiture laws in addition to federal law.

Don’t be afraid to ask lawyers about their specific qualifications during initial consultations. Their expertise level could make or break your chances of getting your money back.

What If You Failed to Declare Cash Over $10,000?

If you’re traveling internationally and get caught failing to declare over $10,000 in cash or monetary instruments, the situation becomes more serious.In addition to seizure of your money, you could face civil penalties exceeding $100,000 for violating reporting requirements. Criminal charges are also possible if intent to conceal the money can be proven.That makes it even more critical to hire an experienced attorney immediately if you’re accused of not properly declaring currency. They may be able to negotiate return of some money and avoid criminal prosecution.Some of the top defenses in failure-to-declare cases include:

• You misunderstood the reporting requirements
• You were never informed by officials about the rules
• Another person was responsible for the currency, not you
• You did not intentionally conceal the cash (if it was properly packed in luggage)

An attorney knowledgeable in international travel laws will know how to best argue your case. But acting quickly is important, as the government tends to prosecute these harshly.

Don’t Let the Government Keep Your Money Without a Fight

Losing cash to seizure can be devastating financially and emotionally. But with an experienced civil asset forfeiture attorney on your side, you can maximize your chances of getting some or all of your money back.Don’t wait to seek legal help if you find yourself in this situation at LaGuardia or any other airport. The sooner you act, the better. Look for lawyers with extensive expertise specifically dealing with airport cash seizures in federal cases.While the seizure process is daunting, an attorney can guide you through responding to notices, gathering evidence, negotiating with the government, and taking your case to court if needed.Don’t let law enforcement take your hard-earned money without a fight. With the right legal representation, you can work to get your cash returned where it belongs – back in your pockets.

Helpful Resources:

• Overview of asset forfeiture laws: Asset Forfeiture Law in the United States
• Tips for carrying cash when traveling: Is It Legal to Travel With Large Sums of Cash?
• Detailed forfeiture case statistics: Civil Asset Forfeiture, Volumes and Deposits by Year
• In-depth report on airport cash seizures: Jetway Robbery? Law Enforcement Seize Billions in Cash from Air Travelers, and Often Don’t File Criminal Charges
• Class action lawsuit challenging airport cash seizures: Federal Class Action Challenges Unconstitutional TSA, DEA, and CBP Cash Seizures at Airports