Another customs and trade attorney has flagged an upcoming webinar that should be genuinely useful for importers and customs brokers who have dealt with — or want to understand — CBP’s seizure and forfeiture process. The webinar is titled “Recovering Your Seized Cargo” and features a panel that includes the Director of CBP’s Fines, Penalties, and Forfeitures Division in Washington, D.C.
Here is how the presenting attorney described it:
The speakers will be Dennis McKenzie, Director, Fines, Penalties, and Forfeitures Division, U.S. Customs and Border Protection, Washington, D.C., and Peter Quinter, Partner in Charge, Customs and International Trade Department, Becker & Poliakoff law firm. The panel experts will explain the CBP detention and seizure process, as well as the administrative petition and judicial forfeiture process. If you have ever had your money seized by Customs for failure to declare over $10,000, had merchandise seized for misdeclaring its value or not paying enough customs duties, had your bank account seized for alleged trade-based money laundering, or had any other items detained or seized by U.S. Customs for violating another Federal agency’s regulations, you should sign up for this webinar.
At $155, it looks to be a solid value for importers and brokers who want a direct explanation of the FP&F process from the people who run it.
Why This Is Worth Paying Attention To
Having the Director of CBP’s Fines, Penalties, and Forfeitures Division as a presenter is genuinely unusual. The FP&F Division in Washington is the office that reviews petitions in high-value cases — anything above $100,000 gets elevated out of the local port-level FP&F office and decided at headquarters. Understanding how that office evaluates petitions, what they look for in documentation, and how they apply their mitigation guidelines is valuable information for anyone who has had property seized or who advises people who have.
The webinar description covers the full range of CBP seizure scenarios — currency seized for failure to declare over $10,000, merchandise seized for misdeclaration or underpayment of duties, bank account seizures for alleged trade-based money laundering, and detentions under other federal agency regulations. That breadth reflects the actual scope of CBP’s forfeiture authority, which extends well beyond cash seizures into commercial merchandise, intellectual property violations, agricultural products, and goods seized on behalf of other federal agencies including the DEA, FDA, and Fish and Wildlife Service.
The Seizure and Forfeiture Process in Brief
For those unfamiliar with how the process works, CBP’s seizure and forfeiture system has two main tracks after property is seized. The administrative track — through the FP&F office — involves filing a petition for remission or mitigation, an offer in compromise, or in some cases simply paying the appraised value to recover the property. The judicial track involves filing a CAFRA seized asset claim that forces the government to file a civil forfeiture complaint in federal court — shifting the burden of proof to CBP to demonstrate that the property is subject to forfeiture.
The choice between these tracks — and the timing of that choice — is controlled by the election of proceedings form included with the CAFRA Notice of Seizure. The deadline for responding is 30 days from the date on the notice, not the date of receipt, and missing it forecloses most options. Understanding which track is appropriate for a given set of facts is one of the most consequential decisions in any seizure case.
For importers and brokers dealing with merchandise seizures rather than currency, the process is similar but the applicable statutes and penalty structures differ. Merchandise seized for misdeclaration under 19 U.S.C. § 1497, for customs fraud under 19 U.S.C. § 1592, or for intellectual property violations carries different penalty calculations and different petition standards than a currency seizure under Title 31. A webinar that covers these distinctions from CBP’s own perspective — particularly from the FP&F Division Director — is a valuable educational resource for anyone who handles these matters regularly.
If You Have Had Property Seized by CBP
Whether your situation involves seized currency, detained merchandise, or a penalty notice for a customs violation, Great Lakes Customs Law handles these matters nationwide. Read our customs money seizure legal guide for currency-related seizures, or contact us online to discuss a merchandise seizure or penalty case. Call us at (734) 855-4999, send a text message, or reach us on WhatsApp.