For many people and families, gold is more than an investment. It may be a wedding gift, a family heirloom, or savings kept in a form that is likely to increase in value. However, people who transport gold in certain places may come under scrutiny from law enforcement officials. Gold that crosses the U.S. border, whether in a suitcase, on a traveler’s body, or in a cargo shipment, may draw close attention from federal officers. In other locations, such as airports, government agents may believe that a person carrying gold has engaged in illegal activity, and they may take steps to seize their property.

As gold prices have climbed to record levels, seizures of gold bars, coins, and jewelry at airports and ports of entry have become a growing concern for many people. When U.S. Customs and Border Protection (CBP) agents or officials from other federal agencies confiscate gold, the owner may lose their property permanently unless they take the right steps to defend against asset forfeiture. In many cases, gold or other assets may be seized even when the owner is never charged with a crime.

Why Gold Seizures Are Increasing

Federal officials may view the possession of gold as an indication that a person is involved in criminal activity. Gold has a high, stable value. It is easy to transport, and it can be melted down or reshaped, which can make it hard to trace. CBP has described gold as one of the top ten items smuggled globally, and agents may believe that people are using it to avoid import duties or to hide the profits of criminal organizations.

Several recent trends have led to increased asset seizures of gold:

• Rising Gold Prices: Higher prices mean that even a small amount of gold can be worth thousands of dollars.

• Money Laundering Concerns: Some people and groups who are involved in criminal activity may convert cash into gold in order to more easily move it across borders without reporting it to the government.

• Gold Courier Scams: In some cases, scammers posing as government agents have convinced people to buy gold bars and give them to couriers in order to pay fines or taxes. Law enforcement officials may believe that people carrying gold are involved in these scams.

Reasons Gold May Raise Suspicion

Failure to Declare

Travelers entering the United States must declare goods they acquired abroad, including gold bars, coins, and jewelry. Undeclared items may be seized and forfeited, and the traveler may face a penalty equal to the item’s value. Accusations that gold has been hidden, such as by sewing jewelry into clothing or packing gold bars inside other items, can lead to the seizure of gold that is discovered.

Suspected Smuggling

Some people may be accused of bringing merchandise into the country illegally or taking items out of the country in violation of federal laws. These cases may involve commercial gold imports or exports or jewelry that a person allegedly plans to resell rather than keep as personal property.

Suspected Money Laundering

Federal officers may suspect that a person is involved in money laundering when they have trouble explaining where gold came from, when they carry large amounts of gold, or when they have traveled to areas where money laundering and other criminal offenses are common.

Connection to Scams

If officers believe that a person obtained gold through a fraud scheme, they may seize these assets. A person carrying gold for someone else may be investigated, and gold may be seized even if the person was unaware of criminal activity.

How Asset Forfeiture Cases Involving Gold Are Handled

Forfeiture is a legal process that allows the government to take property connected to a crime or another violation of the law. The procedures followed in these cases may include:

• Administrative Forfeiture: An agency may take steps to seize assets without going to court. CBP may use this process to seize items valued at $500,000 or less, including in situations where property was allegedly imported into the United States illegally.

• Civil Asset Forfeiture: The government may file a lawsuit against the property itself in federal court. This will allow property to be confiscated even if the owner is not charged with a crime.

• Criminal Forfeiture: Property that is allegedly related to a crime may be seized as part of a criminal case. A conviction may result in the permanent forfeiture of any assets used to commit an offense or obtained through the proceeds of criminal activity.

Options for People Whose Gold or Jewelry Has Been Seized

After gold or other assets have been seized, the government will typically send a Notice of Seizure. A person may have multiple options for responding to this notice, contesting the seizure, and taking steps to get their property back. These options may include:

• Petition for Remission or Mitigation: A person may file a petition asking the government to return their property or reduce any penalties that may apply. This option is commonly used in cases where assets were seized because they were not properly declared.

• Offer in Compromise: A person may make an offer to the government to recover some of their assets or make a payment that will allow their property to be returned.

• Claim in Federal Court: A person can file a claim to recover their property, and their case may be reviewed by a U.S. district court, allowing them to make a case for why their property should be returned.

Ways to Strengthen a Claim for the Return of Seized Gold

A person may be more likely to be able to recover gold that has been seized when they can show proof of ownership, which may include receipts, appraisals, bank records, or photographs. They may also provide other forms of evidence explaining why they were traveling with gold. The proper information will need to be filed within the correct time periods. Deadlines in forfeiture cases are strict, and failing to act quickly could result in the permanent loss of a person’s property.

How an Attorney Can Help Recover Seized Gold

A lawyer with experience in cases involving asset forfeiture can help people understand why their property was taken and which options are available for recovering gold or other items. An attorney can also respond to seizure notices, gather evidence showing proof of ownership, and present a client’s position in court.

Disclaimer: This article is provided for general informational and educational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws and procedures concerning customs enforcement, asset seizure, and civil, administrative, or criminal forfeiture can vary depending on the circumstances and may change over time. The information presented here should not be relied upon as a substitute for advice from a qualified attorney familiar with the specific facts of a case. Anyone whose property has been seized or who is facing a forfeiture proceeding should seek appropriate legal counsel and pay close attention to applicable deadlines and filing requirements.