If U.S. Customs and Border Protection (CBP) has seized your cash, we may file an administrative petition for remission or mitigation on your behalf. This is a formal legal document — more than just a letter — that argues for the return of your money. It includes legal analysis based on statutes, regulations, and case law; judicial interpretations that vary by jurisdiction; and references to CBP’s published and unpublished guidelines for currency seizures.
When the facts support it, we include a detailed narrative of your actions and those of the CBP officers leading up to the seizure. We always argue for full remission — the complete return of your money. If CBP has a valid basis for the seizure, we push for mitigation — returning most of the money and treating the remainder as a small fine rather than a forfeiture.
What Is a Petition for Remission or Mitigation?
A petition is a written request asking CBP to return seized property — in this case, currency — based on mitigating circumstances. Unlike a CAFRA claim, which sends the case to federal court, a petition keeps the matter within CBP’s administrative process. The decision is made by the Fines, Penalties & Forfeitures (FP&F) officer at the port where the cash was seized, or by a Chief at CBP Headquarters in Washington, DC if more than $100,000 was involved.
There is no judge, no jury, and no courtroom. The FP&F officer reviews your written petition, the seizure report prepared by the officer who took your money, and any supporting documentation you submit. The quality of your petition — how it frames the facts, addresses the legal issues, and presents the evidence — is often the single most important factor in the outcome of your case.
Why a Petition Is Usually the Best First Step
In most currency seizure cases, filing a petition is the best option for getting your money back. A petition preserves your other legal options: if the petition is denied, you can still file a CAFRA claim, submit an offer in compromise, or request a supplemental petition. If you file a CAFRA claim first, you lose the ability to petition — you are locked into the federal court process, which is more expensive, more time-consuming, and less predictable.
What Our Petitions Look Like
Our petitions are typically about 10 pages, plus exhibits. They are comprehensive legal briefs — not fill-in-the-blank forms. While CBP provides Form 4609 for property seizure petitions, that form was designed for merchandise seizures under Title 19, not currency seizures under Title 31. It is a poor substitute for a properly drafted petition, and filing a Form 4609 alone often results in a worse outcome.
Each petition is tailored to the specific facts of the case and addresses the legal issues that apply to your particular situation, your port, and your jurisdiction. We carefully balance your Fifth Amendment right against self-incrimination with the need to provide enough information to justify the return of your money. A petition should rarely be an apology or an explanation of what you did wrong. Unfortunately, even some attorneys make this mistake — writing petitions that read like confessions rather than legal arguments. Our approach is different.
Common Pitfalls in CBP Seizure Notices
The seizure notice you receive from CBP may contain misleading or incorrect guidance, including the wrong standard of proof, demands for documentation that is not actually required, and requests for explanations that are phrased in ways designed to elicit admissions. CBP’s seizure notices are not neutral legal documents — they are written by the agency that took your money, and their instructions do not always reflect the actual legal requirements for getting it back.
Never admit to breaking the law in your petition. Once you do, CBP can use that admission to justify keeping your money — and you cannot take it back. This is one of the most common and most damaging mistakes people make when trying to handle a seizure without legal counsel.
Key Legal Issues We Analyze
Every petition we file addresses the legal issues that are relevant to the specific case. These may include:
- Was the search constitutional? If not, the money must be returned regardless of whether a reporting violation occurred.
- Was the seizure itself constitutional? Procedural violations by CBP can invalidate the seizure.
- Was the notice of seizure timely? CBP is generally required to send notice within 60 days. If they miss this deadline, they may lose their legal authority to hold your money.
- Who has the burden of proof, and what is the standard? This varies depending on the type of proceeding and may work in your favor.
- Does the seizure violate the Eighth Amendment? The Constitution prohibits excessive fines. If the penalty is grossly disproportionate to the offense, it may be unconstitutional.
- How does your federal district interpret “knowing” violations? Some jurisdictions require a higher level of intent than others, which can affect whether a violation actually occurred.
- Did you actually violate the law? If not, the money must be returned — and you may be entitled to attorney’s fees under the Equal Access to Justice Act.
- Did you make an oral amendment to your declaration? If you attempted to correct your declaration before being searched, you may not have committed a violation.
- Are you admitting too much — or sharing too little? Either extreme can hurt your case. Too much disclosure can create new legal problems; too little can result in a denial for insufficient evidence.
- Are you unintentionally admitting to other offenses? Poorly drafted petitions can inadvertently admit to structuring, smuggling, unlicensed money transmission, bribery, conspiracy, or other crimes.
- Are you receiving public benefits? Large undeclared cash holdings can jeopardize eligibility for government benefits and potentially expose you to fraud charges — a risk that must be carefully managed in the petition.
- Did the money originate from or pass through a sanctioned country? Violations of OFAC sanctions (for example, involving Iran, North Korea, or other sanctioned nations) can lead to significantly larger penalties.
- Are there aggravating or mitigating factors? CBP’s mitigation guidelines allow for adjustments of 10–25% based on factors like cooperation, prior violations, the amount involved, and the circumstances of the seizure.
- Are your supporting documents properly notarized and translated? If you are submitting foreign-language documents, they must be accompanied by certified translations. Missing or improper translations can delay your case or result in denial.
What Happens After the Petition Is Filed
After we file the petition, the FP&F officer at the relevant port will review the submission. Decision timelines vary — some ports respond within a few months, while others can take six months to a year or longer, depending on the caseload, the amount seized, and the complexity of the case.
If the petition is granted in full, your money is returned minus any applicable penalty. If it is granted with mitigation, you receive most of the money back with a larger penalty retained. If the petition is denied, you still have options: you may file a supplemental petition with additional evidence, submit an offer in compromise, or file a CAFRA claim to take the case to federal court.
This is precisely why filing a petition first — rather than a CAFRA claim — is almost always the better strategy. The petition gives you a chance at a favorable administrative resolution while keeping all your other options open.
Do Not Trust CBP for Legal Advice
CBP officers may tell you that getting your money back is simple — just call a number or write a letter explaining what happened. This is misleading. In reality, the petition process involves complex legal analysis, strategic decisions about what to disclose and what to protect, and familiarity with CBP’s internal guidelines and practices. Filing a poorly drafted petition, or worse, calling CBP directly and making statements that undermine your case, can result in losing your money permanently.
We have filed hundreds of administrative petitions for currency seizure cases involving failure to report, structuring, and bulk cash smuggling. We know what FP&F officers are looking for, how to present evidence persuasively, and how to protect your rights while building the strongest possible case for the return of your money.