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What is bulk cash smuggling
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience defending clients in federal criminal cases. We’ve handled cases that made national headlines, like representing Anna Delvey in the Netflix series, the Ghislaine Maxwell juror misconduct case, and many others that prosecutors said were unwinnable. If you’re reading this, you’re probably facing bulk cash smuggling charges or federal agents seized your money at the border – and you need answers fast.
Bulk cash smuggling is a federal crime under 31 U.S.C. § 5332, and it’s more serious than most people realize. This isn’t just about forgetting to fill out a form at customs. Federal prosecutors charge this crime when someone knowingly conceals more than $10,000 in currency with the intent to evade reporting requirements while crossing the U.S. border. The penalties include up to five years in federal prison and forfeiture of every dollar involved – not just the amount over $10,000, but all of it.
The Reporting Requirement Everyone Misses
When you transport more than $10,000 in cash into or out of the United States, you must file FinCEN Form 105 with U.S. Customs and Border Protection. This is called a Currency and Monetary Instrument Report, or CMIR. The $10,000 threshold applies to currency, traveler’s checks, money orders, and other monetary instruments combined.
Here’s what trips people up – if you’re traveling with family or friends, and the group collectively carries more than $10,000, you still need to file the form. Federal prosecutors see this all the time: a husband has $7,000, his wife has $5,000, they think they’re fine because neither one individually exceeds $10,000. Wrong. CBP treats them as a group, and now they’re both facing criminal charges.
Filing the form is legal. You can transport any amount of cash across the border as long as you declare it properly. The crime happens when you conceal the money or lie about the amount to avoid filing the report.
Why 2025 Enforcement is Ramping Up
Federal enforcement of bulk cash smuggling has intensified dramatically. FinCEN issued an alert in March 2025 specifically targeting bulk cash smuggling by Mexico-based transnational criminal organizations. These cartels smuggle drug proceeds back across the border, often using legitimate businesses as cover to repatriate cash through armored car services and air transport.
Homeland Security Investigations runs the National Bulk Cash Smuggling Center – coordinating with ICE, CBP, DEA, and IRS Criminal Investigation to track currency movements. If your cash gets seized at an airport, border crossing, or during a traffic stop, multiple federal agencies become involved immediately. They’re looking for connections to drug trafficking, money laundering, and organized crime.
This enforcement focus means prosecutors are aggressive about charging these cases. They view bulk cash smuggling as a way to disrupt criminal enterprises by choking off their money supply. Even if you’re not connected to cartels or trafficking, federal prosecutors often assume you are once they find concealed cash.
The Intent Element That Determines Your Case
To convict you of bulk cash smuggling under § 5332, prosecutors must prove you knowingly concealed more than $10,000 in currency with intent to evade the reporting requirement. Both elements matter – the knowing concealment and the specific intent to evade.
Concealment means hiding money in secret compartments in vehicles, luggage linings, strapped to your body under clothing, or containers designed to avoid detection. Simply putting cash in your suitcase typically isn’t enough for concealment unless you’re actively hiding it during inspection.
Intent to evade is harder for prosecutors to prove – but they’ll point to how you hid the money, whether you lied when questioned, if you split the cash among multiple people to stay under reporting thresholds, and whether you changed travel plans after learning about reporting requirements. The government builds circumstantial evidence to show you knew about the reporting requirement and intentionally tried to avoid it.
Someone genuinely unaware of the reporting requirement isn’t guilty of this crime, though they might still face civil penalties and seizure. Your defense attorney needs to challenge the intent element by showing you didn’t know about the reporting requirement.
Real Penalties That Go Beyond Prison Time
A conviction for bulk cash smuggling carries a maximum sentence of five years in federal prison. Federal sentencing guidelines calculate your actual sentence based on the amount of currency involved and your criminal history. Smaller amounts with no prior record might result in probation, while large sums or connections to other crimes push sentences toward the statutory maximum.
The mandatory forfeiture provision is devastating. Under 31 U.S.C. § 5332(b), the court must order you to forfeit all property involved in the offense and any property traceable to it. That means if you tried to smuggle $50,000, the government takes the entire $50,000 – not just the amount over $10,000. If the cash is unavailable, the court enters a personal money judgment against you for the full amount.
Civil asset forfeiture often happens simultaneously with criminal charges. Even if you’re found not guilty, the government can still pursue civil forfeiture under separate proceedings with a lower burden of proof – they only need to show by a preponderance of evidence that the currency was involved in illegal activity.
A federal conviction shows up on background checks, limits employment opportunities, restricts professional licenses, and complicates immigration status for non-citizens. Some clients tell me losing the seized money hurt less than losing their career prospects.
Defense Strategies That Actually Work
Federal bulk cash smuggling cases are defensible – despite what prosecutors want you to believe. The government must prove every element beyond a reasonable doubt, and they make mistakes.
Challenging the intent element is often the strongest defense. If you can show you didn’t know about the reporting requirement, or you made an honest mistake about whether the requirement applied, the prosecution’s case collapses. Documentation showing legitimate sources for the cash – like business records, tax returns, sale proceeds from property – helps establish you weren’t trying to hide illegal funds.
Procedural violations during the stop or search can suppress evidence. If customs agents violated your Fourth Amendment rights during the search that discovered the cash, your attorney can file motions to exclude that evidence. Without the seized currency, prosecutors often can’t prove their case.
The source of funds matters for sentencing even if you’re convicted. Showing the money came from legal sources – inheritance, legitimate business, savings – can reduce sentencing exposure and convince prosecutors to offer better plea agreements. Demonstrating you’re not a drug trafficker makes a significant difference.
At Spodek Law Group, we’ve defended clients against federal money crimes across the country. Todd Spodek and our attorneys include former prosecutors who understand how the government builds these cases – and where the weaknesses are. Whether your case involves an airport seizure, border stop, or mail shipment interdiction, we’ve handled it before.
Time is critical. Once federal agents seize currency, the government moves quickly to initiate forfeiture proceedings. You typically have limited time to file claims challenging the seizure. Waiting weeks to hire an attorney can cost you the opportunity to contest the forfeiture or negotiate before formal charges are filed.
Bulk cash smuggling prosecutions are serious federal cases with consequences that extend far beyond the courtroom. Call us immediately if you’re under investigation or charges have been filed. We’re available 24/7 to start building your defense.