Seizures of Gold in Florida

The number of seizures involving gold coins, gold bullion, and other precious metals has increased dramatically over the past five (5) years. A statement from then-U.S. Senator Marco Rubio (R-FL) discussed the Miami Herald’s expose on how drug dealers and other criminals are increasingly using Latin American gold to launder their dirty money.

Instead of carrying large sums of U.S. currency that is easy to detect, more seizures are occurring when a traveler has gold jewelry, gold coins or bars, or other precious metals. Using precious metals makes it nearly impossible to trace the source of the assets.

The problem is that federal agents often seize gold or other precious metals without having sufficient information to suspect drug dealing or money laundering. Innocent people, honest investors, and savers are caught up in the wide net being cast.

Sometimes, innocent people are subjected to a process in which federal agents seize their property for forfeiture. The property seized might include rings, necklaces, bracelets, or other jewelry. It might be removed from a vehicle, purse, luggage, or the person’s pockets.

In Florida, such seizures are becoming more common at airports for domestic or international flights. Gold might also be seized during a roadside traffic investigation, or at a bus station or train station.

Federal law enforcement agents might seize the gold and/or charge the person with knowingly committing a violation of Title 18, United States Code, Section 545 (smuggling).

Attorney for Seizures of Gold for Forfeiture

If federal agents seized your cash or other property, contact an experienced civil asset forfeiture attorney at Sammis Law Firm.

These cases involve an anti-money laundering law and the Bank Secrecy Act. Although the Bank Secrecy Act was intended to prevent money laundering, it often ensnares innocent people who happen to be carrying cash, jewelry, precious metals, or other property.

Contact us to find out how the Bank Secrecy Act requires passengers at the airport traveling on international flights to declare to customs officials that they possess more than $10,000 in cash or currency using a FinCEN 105 form.

If the passenger files to disclose the precise amount of currency carried on an international flight, the federal authorities can seize the money. In addition to currency seizures, federal agents focus on seizing gold and other precious metals.

We can also help defend you against any criminal charge for knowingly committing a violation of Title 18, United States Code, Section 545 (smuggling).

If your property was seized for forfeiture by federal agents with Customs and Border Patrol or other agencies, contact an experienced federal forfeiture attorney in Tampa, FL, at Sammis Law Firm.

Call 813-250-0500.

Statement on Gold Used for Drug Trafficking

While complaining that the gold is ending up in the U.S. markets, Senator Marco Rubio’s issued the following statement on January 16, 2018:

“Trade in gold from Latin America, which is largely destined for U.S. consumers, is becoming the preferred way for drug cartels, terrorists and bad regimes to launder their dirty money.

The U.S. Department of Justice’s prosecution of illicit gold traders Juan Granda, Samer Barrage and Renato Rodriguez, who pleaded guilty to money laundering involving dirty Latin American gold, is the tip of the iceberg, and should put all bad actors on notice.

I will continue to follow this issue closely, and urge the Executive Branch to investigate the practices and circumstances leading to the mining and transportation of these precious metals for the purposes of money laundering.”

Seizures of Smuggled Gold at the Airport

The seizure of gold often occurs at the airport before or after an international flight. Either before or after the international fight, the traveler might be selected by United States Customs and Border Protection (“CBP”) officers for a secondary inspection.

Federal law requires individuals to declare commercial items, which includes gold intended for sale, to CBP officers upon entry into the United States. At the inspection point, CBP officers might obtain a binding United States Customs Declaration Form 6059B from a suspect that either admits or denies bringing any commercial items for sale into or out of the United States.

The agents will then question the suspect until they get an admission that the suspect brought the gold into or out of the United States with the intention to sell it, or that he was delivering it to a third party.

A CBP or HSI Agent or Task Force Officer (“TFO”) might use a X-Ray Fluorescence Spectroscopy (“XRF”) to confirm whether certain items found on the suspect contain gold. The XRF is also used to estimate the purity level of the gold item. HSI Agents will also determine the total weight and estimated value of the gold objects.

The CBP or HSI Agent will then determine whether they have probable cause to support an allegation that the suspect did knowingly and willfully, with the intent to defraud the United States, attempt to smuggle and clandestinely introduce into or out of the United States, from a place inside or outside thereof, any merchandise that contains gold, which should have been declared, in violation of Title 18, United States Code, Section 545 (smuggling).

Then an Assistant United States Attorney might prepare a criminal complaint or Information (charging document) for smuggling. The Information (charging document) typically includes a forfeiture allegation that provides:

Upon conviction of a violation of Title 18, United States Code, Section 545, as alleged in this Information, the defendant shall forfeit to the United States: (a) any property constituting, or derived from, proceeds obtained, directly or indirectly, as the result of such offense, pursuant to Title 18, United States Code, Section 982(a)(2)(B).

All pursuant to Title 18, United States Code, Section 982(a)(2)(B) and the procedures set forth in Title 21 , United States Code, Section 853, as incorporated by Title 18, United States Code, Section 982(b )(2).

If the person is convicted at trial of smuggling or if the person enters a plea, the court will declare the gold seized to be forfeited to the United States Government.

The criminal offense under itle 18 United States Code Section 545 carries the following penalties:

• Maximum Term of lmprisonment: 20 years
• Mandatory Min. Term of Imprisonment (if applicable): N/ A
• Max. Supervised Release: 3 years
• Max. Fine: $250,000

Additional Resources

31 CFR Part 406 – Seizure and Forfeiture of Gold – Find out more about the seizure and forfeiture of gold for violation of the Gold Reserve Act of 1934 and Gold Regulations. Under section 406.1, read more about why Secret Service officers are authorized to seize gold. Find out more about the procedures for maintaining custody of seized gold valued at more than or less than $2,500, special rules for the forfeiture of gold, and the duties of customs officers when seizing gold. Read more about accusations for knowingly committing a violation of Title 18, United States Code, Section 545 (smuggling).

This article was last updated on Wednesday, September 16, 2026.