31 U.S.C. § 5317

Search and forfeiture of monetary instruments

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 31 CasesGoogle Scholar

(a) The Secretary of the Treasury may apply to a court of competent jurisdiction for a search warrant when the Secretary reasonably believes a monetary instrument is being transported and a report on the instrument under section 5316 of this title has not been filed or contains a material omission or misstatement. The Secretary shall include a statement of information in support of the warrant. On a showing of probable cause, the court may issue a search warrant for a designated person or a designated or described place or physical object. This subsection does not affect the authority of the Secretary under another law.(b)Searches at Border.—For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States.(c)Forfeiture.—(1)Criminal forfeiture.—(A)In general.—The court in imposing sentence for any violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto.(B)Procedure.—Forfeitures under this paragraph shall be governed by the procedures established in section 413 of the Controlled Substances Act.(2)Civil forfeiture.—(A)In general.—Any property involved in a violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.(B)Internal revenue service seizure requirements with respect to structuring transactions.—(i)Property derived from an illegal source.—Property may only be seized by the Internal Revenue Service pursuant to subparagraph (A) by reason of a claimed violation of section 5324 if the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section 5324.(ii)Notice.—Not later than 30 days after property is seized by the Internal Revenue Service pursuant to subparagraph (A), the Internal Revenue Service shall—(I) make a good faith effort to find all persons with an ownership interest in such property; and(II) provide each such person so found with a notice of the seizure and of the person’s rights under clause (iv).(iii)Extension of notice under certain circumstances.—The Internal Revenue Service may apply to a court of competent jurisdiction for one 30-day extension of the notice requirement under clause (ii) if the Internal Revenue Service can establish probable cause of an imminent threat to national security or personal safety necessitating such extension.(iv)Post-seizure hearing.—If a person with an ownership interest in property seized pursuant to subparagraph (A) by the Internal Revenue Service requests a hearing by a court of competent jurisdiction within 30 days after the date on which notice is provided under subclause (ii), such property shall be returned unless the court holds an adversarial hearing and finds within 30 days of such request (or such longer period as the court may provide, but only on request of an interested party) that there is probable cause to believe that there is a violation of section 5324 involving such property and probable cause to believe that the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section 5324.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98–473, title II, § 901(d), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99–570, title I, § 1355, Oct. 27, 1986, 100 Stat. 3207–22; Pub. L. 102–550, title XV, § 1525(c)(2), Oct. 28, 1992, 106 Stat. 4065; Pub. L. 107–56, title III, §§ 365(b)(2)(B), 372(a), Oct. 26, 2001, 115 Stat. 335, 338; Pub. L. 116–25, title I, § 1201, July 1, 2019, 133 Stat. 986.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5317(a)	31:1105.	Oct. 26, 1970, Pub. L. 91–508, §§ 232, 235, 84 Stat. 1123.
5317(b)	31:1102.

In subsection (a), the words “The Secretary shall include a statement of information in support of the warrant” are substituted for 31:1105(a)(last sentence) to eliminate unnecessary words and for consistency. The word “for” is substituted for “authorizing the search of . . . all of the following” to eliminate unnecessary words. The words “or more” are omitted as unnecessary because the singular includes the plural under 1:1. The words “or premises”, “letters, parcels, packages, or other”, and “vehicles” are omitted as surplus.

In subsection (b), the words “either” and “the possession of” are omitted as surplus. The words “United States Postal Service” are substituted for “postal service” for consistency with title 39. The words “or retained in” are omitted as surplus.

Editorial NotesReferences in Text

Section 413 of the Controlled Substances Act, referred to in subsec. (c)(1)(B), is classified to section 853 of Title 21, Food and Drugs.

Amendments

2019—Subsec. (c)(2). Pub. L. 116–25 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

2001—Subsec. (c). Pub. L. 107–56, § 372(a), inserted heading and amended text of subsec. (c) generally. Prior to amendment, text read as follows: “If a report required under section 5316 with respect to any monetary instrument is not filed (or if filed, contains a material omission or misstatement of fact), the instrument and any interest in property, including a deposit in a financial institution, traceable to such instrument may be seized and forfeited to the United States Government. Any property, real or personal, involved in a transaction or attempted transaction in violation of section 5324(c), or any property traceable to such property, may be seized and forfeited to the United States Government. A monetary instrument transported by mail or a common carrier, messenger, or bailee is being transported under this subsection from the time the instrument is delivered to the United States Postal Service, common carrier, messenger, or bailee through the time it is delivered to the addressee, intended recipient, or agent of the addressee or intended recipient without being transported further in, or taken out of, the United States.”

Pub. L. 107–56, § 365(b)(2)(B), substituted “section 5324(c)” for “section 5324(b)”.

1992—Subsec. (c). Pub. L. 102–550 inserted after first sentence “Any property, real or personal, involved in a transaction or attempted transaction in violation of section 5324(b), or any property traceable to such property, may be seized and forfeited to the United States Government.”

1986—Subsec. (b). Pub. L. 99–570, § 1355(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A customs officer may stop and search, without a search warrant, a vehicle, vessel, aircraft, or other conveyance, envelope or other container, or person entering or departing from the United States with respect to which or whom the officer has reasonable cause to believe there is a monetary instrument being transported in violation of section 5316 of this title.”

Subsec. (c). Pub. L. 99–570, § 1355(b), amended first sentence generally. Prior to amendment, first sentence read as follows: “A monetary instrument being transported may be seized and forfeited to the United States Government when a report on the instrument under section 5316 of this title has not been filed or contains a material omission or misstatement.”

1984—Subsecs. (b), (c). Pub. L. 98–473, § 901, added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Pub. L. 99–570, title I, § 1364(b), Oct. 27, 1986, 100 Stat. 3207–34, provided that: “The amendments made by sections 1355(b) and 1357(a) [amending this section and section 5321 of this title] shall apply with respect to violations committed after the end of the 3-month period beginning on the date of the enactment of this Act [Oct. 27, 1986].”

Notes of Decisions

Cited in 201 cases (10 in the last 5 years), 1983–2024 · leading case: United States v. Seljan

Sort: Relevance Newest Treatment

United States v. Seljan (2008) ca9 · cites it 18× “As will be discussed in more detail below, customs inspectors are authorized under 31 U.S.C. § 5317 (b) to open and inspect packages at the border to enforce that statute.”

Ali v. Federal Bureau of Prisons (2008) scotus · cites it 6× “By way of example, a customs or excise official might effect a civil forfeiture of currency or monetary instruments under the Bank Secrecy Act, 31 U.S.C. § 5317 (c) (2000 ed., Supp. V); or of counterfeit instruments, illegal music recordings, or firearms under the Contraband…”

United States v. $292,888.04 in U.S. Currency, Calvin L. Robinson, Claimant-Appellant (1995) ca9 · cites it 7× “04 in seized United States currency, appeals pro se the district court’s summary judgment in favor of the United States in the United States’ action for civil forfeiture of the funds under 31 U.S.C. § 5317 . Robinson also appeals the district court’s denial of his motion for…”

United States v. Seljan (2007) ca9 · cites it 18× “These interdiction efforts are authorized under 31 U.S.C. § 5317 (b), which provides that "a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person…”

United States v. Seher (2009) ca11 · cites it 4× “§ 982 (a)(1) and 31 U.S.C. § 5317 (c)(1), of the complete inventory of jewelry owned or held by Seher, Chaplin’s, or Midtown and of real property at a particular address in Atlanta, along with money judgments in the amounts involved in the various offenses.”

United States v. Four Million, Two Hundred Fifty-Five Thousand, Etc., United States of America v. Three Million, Six Hun (1985) ca11 · cites it 4× “§ 881(a)(6), 1 which applies to the proceeds of narcotics transactions, and 31 U.S.C. § 5317 , 2 which applies to currency transported across the borders of the United States without the filing of a required report.”

United States v. Ernesto J. Benevento, Ernest A. Benevento, Earl A. Keller, and Carmine Loiacono (1987) ca2 · cites it 5× “The Beneven-tos contend, first, that the customs agent’s search of their luggage violated their fourth amendment rights because the search occurred without a warrant and without probable cause; and, second, that the search violated 31 U.S.C. § 5317 (b) because the customs agent…”

United States v. Signed Personal Check No. 730 of Mesle (2010) ca9 · cites it 2× “A week later, Mesle received a letter from Customs informing him that it had seized the checks and that they were subject to forfeiture under 31 U.S.C. § 5317 . *1090 The letter described a set of legal options available to Mesle, including, among others, filing a petition for…”

United States v. Jose (2007) ca1 · cites it 5× “The indictment also included allegations seeking forfeiture of the $114,948 based on the offenses alleged in Counts One and Three, pursuant to 31 U.S.C. § 5317 (c)(1)(A) and 31 U.S.C. § 5332 (b)(2), respectively.”

Ratzlaf v. United States (1994) scotus · cites it 2× “"); see also 31 U. S. C. § 5317 (a) (subjecting to forfeiture any "monetary instrument .”

United States v. Manfredi (2009) pawd · cites it 12× “Forfeiture Allegations The allegations in Count One and Count Eight are re-alleged and incorporated for the purpose of alleging criminal forfeitures *618 pursuant to 31 U.S.C. § 5317 (c)(1)(A) 6 which incorporates 21 U.”

United States v. Edgar Hernandez-Salazar (1987) ca11 · cites it 8× “KRAVITCH, Circuit Judge: In 1984, Congress amended 31 U.S.C. § 5317 to add a provision to expand the authority of Customs officers to search persons and property entering and departing the United States for currency reporting violations.”

Show all 201 citing cases →

— 31 U.S.C. § 5317(c) — 2 cases

United States v. $239,500 in U.S. Currency, Arthur Clyde Ellis, Jr., and Free Zone Bank, Ltd., Claimants-Appellants (1985) ca11

United States v. $1,790,021 in U.S. Currency (2003) pamd

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.