Originally Posted by
RichardKenner
The only proper answer for a passenger to give when asked if he filed the form is to refuse to answer without a lawyer present. Any other answer puts the person in potential legal jeopardy. You previously stated that CBP can talk to you if you have reasonable suspicion that the money was undeclared. But if all you have is the money itself and a complete refusal to answer any questions about it, how do you develop that RS?
For criminal charges, yes. For admin, no. The CBP could potentially seize the money until it's determined it has been properly reported. Admin rules are much, much different than criminal.
For instance, vehicles used in alien smuggling cases can be seized even though no criminal charges are filed. People can get their vehicles back, but they have to file to do so and there's a penalty.