Package Intercepted by Customs.

U.S. Customs and Border Protection (CBP) agents have the legal authority to detain an incoming package while they examine compliance or contents. However, if your package has been formally seized, this starts a complex process that could lead to the forfeiture of your property.

As an explanation of the terminology CBP uses:

• CBP Agents may detain an incoming package to determine if the sender complied with customs laws or regulations.
• Seizure: If CBP agents identify a formal reason to seize an incoming package, they can place the property into a potential forfeiture process.
• Administrative Forfeiture: CBP’s Fines, Penalties, and Forfeitures office handles all administrative forfeiture matters involving seized packages.

If you received a Customs seizure letter in the mail, this means CBP has formally seized your property and referred the matter to its Fines, Penalties and Forfeitures office.

International packages are subject to CBP enforcement if the contents are counterfeit, prohibited, restricted, or misdeclared. This includes, but is not limited to:

• Medications and supplements from foreign jurisdictions.
• Electronics and media devices.
• Trademarked clothing and goods.

The applicable enforcement and forfeiture process depends on the package’s contents, value, and the law allegedly violated. If your package was either seized or you have received notice from CBP, it is critical to act quickly to preserve your rights.

While the seizure is a complex process that requires a focused legal strategy, the CBP offers opportunities to challenge the seizure and seek the return of your property. However, deadlines for asserting your rights are brief and a mistake in the early stages could result in the permanent loss of your goods and money.

If your package was seized by CBP, or you have any questions about recovering property that has been taken, we strongly encourage you to speak with a legal team right away to make sure your options remain available.

When Does a Customs Seizure Notice Make Your Response Due?

A Customs seizure notice, officially termed a Notice of Seizure, is a detailed document released to an individual upon the seizure of a package. This document includes several key elements that you will need to address promptly:

• It will clearly identify the property and/or funds being held for forfeiture.
• It will list the specific federal laws or regulations that are alleged to have been violated.
• It will specify a response deadline as well as all relevant communication information.
• It will provide a list of the available response options as well as a brief description of each.

In many cases, an individual will learn from their Customs seizure notice that they already missed a critical deadline before they even have time to properly assess their legal options. The first step in the recovery process is to verify the date that the Notice of Seizure was received, and, then, to determine if there is an immediate response deadline. While it is possible that the Notice of Seizure will not specify a response deadline, this is still not to be taken lightly.

As long as your property has been taken, this is a time-sensitive legal issue. You should work with a Customs seizure attorney to contact Customs and Border Protection and request your package’s current location and status. Your lawyer will then determine what options are available at this time, and ensure that you are still within the window of time to protect your property rights.

How Long Can CBP Keep a Seized Package?

The amount of time a seized package can be kept varies significantly depending on its value and other pertinent factors. When the government attempts to forfeit your package or funds, you will be notified of the deadlines it has established.

While there is no answer to this question that applies in all cases, packages and funds that are released and returned to owners have been released anywhere from 2 months to 12 months after seizure. If the government attempts to forfeit the package or funds seized, this will initiate a legal proceeding, and this is likely to take substantially longer to resolve.

It’s important to note that, in most cases, seizure notices will instruct you to contact the Customs and Border Protection’s Fines, Penalties, and Forfeitures office, or a federal prosecutor (or a division of the U.S. Attorney’s Office), as soon as possible in order to discuss next steps. Do not engage with either of these offices directly. Instead, contact a qualified attorney to respond on your behalf.

Which Customs Remedy Fits the Property You Want Back?

Depending on the contents of your package and the circumstances surrounding the Customs seizure, it will be necessary to choose among the four available remedies. Each remedy will affect your litigation posture and the steps involved.

The determination will be based on:

• The contents of your package.
• The reason CBP is attempting to forfeit your package.
• The amount of time available to assert your rights.
• Whether you intend to challenge the government’s legal right to your package and/or funds.

Is It Better to Petition or Claim or Abandon?

Depending on the circumstances of your case, it may be appropriate to file an administrative petition, propose a compromise, file a judicial claim, or accept abandonment of the property that was seized. This is one of the most important decisions a package owner can make, and we strongly encourage you to discuss all available options with an experienced Customs seizure lawyer.

However, this is a decision that requires a detailed analysis of all the costs and risks involved.

When you file a judicial claim and cost bond, the government may proceed with a complaint for forfeiture in federal court. This is where our Customs seizure attorneys are most beneficial.

• Administrative Petition, This is typically the most effective way to resolve your case, if possible. An administrative petition can ask the government to grant discretionary relief, to return your package and/or funds at full value, or to return your package and/or funds minus any penalties or fines that are owed.
• Offer in Compromise, If you are not able to resolve your Customs seizure case at full value, an offer in compromise is your best option.
• Judicial Claim, If the administrative process does not resolve your case, a judicial claim is the next step. A judicial claim contests the government’s right to retain property in case of an alleged federal crime. However, an administrative petition can also seek to resolve a Customs seizure case with an administrative petition, and some cases may be solved by accepting abandonment of the property.

How Much Work Goes Into a Judicial Customs Forfeiture Case?

A judicial customs forfeiture case proceeds under the Supplemental Rules for Certain Admiralty or Maritime Claims and, where consistent, the Federal Rules of Civil Procedure. This involves pleading in a formal complaint, discovery, motion practice, settlement, and trial.

What Is the Government’s Burden of Proof?

In a judicial forfeiture case, the government has to prove what is required for forfeiture. Under 18 U.S.C. § 983(c), the government must prove by a preponderance of the evidence that the property being seized is subject to forfeiture.

How Can a Cash Seizure Be Challenged When the Money Itself Was Lawful?

Cash seizures present unique challenges due to the nature of the property involved and the federal laws governing the cross-border movement of monetary instruments. Often, the money seized was from a lawful source, yet the failure to comply with federal reporting requirements can still sustain a seizure or forfeiture.

U.S. Customs Seizures Involving Currency

Customs seizure cases involving currency can have a wide range of scopes.

Some cases involve the failure to file the mandatory customs declaration form, known as FinCEN Form 105, which is required for individuals crossing the U.S. Border in possession of monetary instruments exceeding $10,000. It’s important to note that carrying more than $10,000 in currency across the border is not prohibited. Rather, the requirement is that any such movement be reported. A failure to report qualifying currency movements provides the government with a basis for seizure and attempted forfeiture, regardless of whether the currency itself was the product of a legal or illegal source.

Other cases involve allegations of bulk cash smuggling. This criminal offense can be charged in federal court and carries the potential for significant penalties. As with the failure to file FinCEN Form 105, a bulk cash smuggling charge generally does not require proof that the currency in question was the proceeds of illegal activity. Instead, it involves an intentional act of concealment designed to evade Customs inspection and FinCEN reporting requirements.

Our Customs seizure lawyers use all available information and evidence to support our clients’ positions. When necessary, we will affirmatively argue that the government lacks evidence of a crime. This includes:

• Negotiating for a return of the property.
• Proving that a lawful source justifies the property that was seized.
• Challenging the government’s evidence of a crime.
• Asserting constitutional defenses.

What Evidence Can Support My Case?

Many Customs seizure cases can be resolved based on existing records. Examples of relevant records in a Customs seizure case include:

• Invoices
• Receipts
• Declarations
• Shipping records and courier-issued receipts
• Shipping agreements
• International bank transfers and credit card statements
• Business contracts and orders
• Correspondence from buyers and sellers

If you have these records, and if they establish your claim’s validity, we can use them to support your case and potentially expedite its resolution.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.