When a FedEx package is seized, the first question is not “how do I get it back” — it is “under what law was it taken?” That answer depends on two things: what was inside the package, and where it was stopped. A shipment of merchandise pulled at customs on the way into the country follows one legal track; cash intercepted on a domestic delivery run follows a completely different one. Get that threshold question wrong and you can waste your limited response window arguing the wrong points to the wrong agency.
This page maps the two main tracks a FedEx seizure can take, what is specific to FedEx, and how to respond to each. It is the carrier-specific companion to our deeper practice pages, which are linked throughout.
Two Very Different Seizures Wear the Same Label
“FedEx seizure” covers two fundamentally different legal situations. Sorting out which one you are in is the entire starting point.
Merchandise & goods
- Usually an international FedEx shipment stopped by CBP
- Counterfeit or trademark-infringing goods
- Undervaluation or misclassification
- Failure to declare, or goods imported contrary to law
- Runs through the customs (often non-CAFRA) process
Cash & currency
- Domestic cash intercepted in transit, or currency crossing the border
- Domestic: civil forfeiture as suspected proceeds
- International: FinCEN 105 reporting violation
- Domestic forfeiture is governed by CAFRA
- Border cash runs through the customs process
The Merchandise Track: A Customs Seizure
FedEx moves enormous international express volume, and inbound parcels pass through CBP inspection. When officers find a problem, the goods are detained and often seized. The most common grounds are counterfeit or trademark-infringing goods, values or classifications that do not hold up, a failure to declare the contents accurately, or merchandise that is simply not admissible. Each has its own body of law and its own defense.
| Ground | Where to turn |
|---|---|
| Counterfeit / IP goods | See counterfeit import seizures and penalties |
| Undervaluation / misclassification | See customs valuation |
| Failure to declare | See failure to declare under 19 USC 1497 |
| Goods held, not yet seized | See customs detention of merchandise |
| General seizure defense | See non-CAFRA customs seizure defense |
A key feature of customs merchandise seizures is that many are non-CAFRA — they fall under the customs seizure statutes rather than the Civil Asset Forfeiture Reform Act, which means a different notice, a different response mechanism, and an election-of-proceedings decision about whether to petition CBP administratively or push the matter toward court. That procedural difference is why the merchandise track and the cash track are not interchangeable.
The Cash Track: Forfeiture or a Reporting Violation
If the package contained currency, the road forks again. Cash intercepted on a purely domestic FedEx leg is typically taken by the DEA, IRS Criminal Investigation, or a task force as a civil forfeiture under 18 U.S.C. 981 or 21 U.S.C. 881, on the theory that it is connected to unlawful activity. That kind of domestic forfeiture is governed by CAFRA, with its 60-day notice, 35-day claim window, and 90-day complaint deadline — a defined timeline you can hold the government to.
Cash of more than $10,000 crossing the border in an international FedEx shipment is different: it must be reported to CBP on a FinCEN 105, and failure to file that report is its own seizure ground under the Bank Secrecy Act — handled through the customs process rather than as a drug forfeiture. Our overview of cash seized in transit, the domestic cash seizure practice, and the FinCEN 105 reporting requirement cover each in depth.
What’s Specific to FedEx
FedEx’s network concentrates both inspection and interdiction
FedEx routes a huge share of volume through central facilities — its Memphis SuperHub chief among them — and those concentration points are where both CBP inspection of international parcels and domestic law-enforcement profiling happen at scale. Packages are flagged on profile: origin and destination patterns, weight-to-value mismatches, packaging, and payment method.
FedEx’s own conditions of carriage prohibit shipping currency and reserve broad inspection rights, which is part of why a FedEx box does not carry the constitutional protection that sealed U.S. mail does. That makes consent-based and profile-driven searches easier than they would be for mail.
One cross-cutting point worth knowing on the cash side: where the government leans on a drug-dog alert to a package of currency, that evidence is contestable, because most circulating U.S. cash carries trace narcotics residue from ordinary handling. An alert often shows only that the package held real money.
What to Do When FedEx Delivers a Seizure Notice Instead of a Package
Whatever the track, three things matter immediately. First, identify what was seized and which agency took it — the notice names the agency and the legal basis, and that determines your deadlines and your forum. Second, note the response deadline precisely; both the CAFRA claim window and the customs election/petition deadlines run from the notice date, and mail delay shortens them. Third, do not contact the seizing agency on your own — statements become part of the record and can be used against you, whether the case involves merchandise or cash.
Because a FedEx seizure can be a customs merchandise matter, a domestic cash forfeiture, or a border-cash reporting case — each with a different process — the value of getting the framework right at the outset is hard to overstate. A customs and international trade lawyer can read the notice, identify the governing law, and take the correct first step. If your shipment moved through a different carrier, see our pages on UPS, DHL, and USPS seizures.
Frequently Asked Questions
Why did customs seize my FedEx package?
Most commonly because an inbound international shipment was found to contain counterfeit or infringing goods, was undervalued or misclassified, was not accurately declared, or was otherwise inadmissible. CBP inspects international FedEx parcels, and a problem can lead to detention and seizure through the customs process.
Is a FedEx cash seizure handled the same way as a merchandise seizure?
No. Domestic cash forfeitures run under CAFRA with its 60/35/90-day timeline, while customs merchandise seizures are frequently non-CAFRA, with a different notice and an election-of-proceedings decision. Border cash for a FinCEN 105 violation runs through the customs process as well. The right response depends on which applies.
How long do I have to respond to a FedEx seizure?
It depends on the track, but the windows are short — a domestic forfeiture claim is generally due 35 days from the notice, and customs matters carry their own petition and election deadlines. All run from the notice date, so act as soon as you receive it.
FedEx package seized?
Whether it’s merchandise held by customs or cash taken in transit, the first move is identifying the framework. A customs attorney can read your notice and respond correctly and on time.