What is the best option to get seized money back from CBP? As explained in other places, there are many options for getting seized money back from CBP presented on the election of proceedings form:
But what option is the best? Many lawyers who advertise as customs cash seizure attorneys offer bad advice by suggesting that you should file a claim and not a petition. A few of the reasons I’ve heard are:
- The burden of proof is better for you if you file a claim
- A petition cannot be appealed if denied
- A petition takes longer than a claim
These are all false or based on misconceptions. For some of these, you can see they are false by reading the notice of seizure letter itself. For others, experience shows they are misconceptions. More on that later.
Why Is a Petition the Best Option?
A petition is the best option to get seized cash back from CBP because:
because you give up nothing procedurally and so have all kinds of options for getting the seized cash back from CBP if the petition is denied. Lets review what your options are for getting money back every step of the way.
- If denied, you can file a supplemental petition or a claim
- It is decided administratively with CBP, faster than a trial with a judge or negotiations with the U.S. Attorney’s office
More could be said about each of these points, we are happy to explain it in as much detail as you want during a free consultation.
If My Petition is Denied, Do I Lose My Cash?
If your petition is denied, you do not lose your cash. You can file a supplemental petition, a claim, and probably an offer in compromise. You prove this is true by reading the CAFRA notice of seizure letter, which says:
At any point prior to CBP issuing its decision on your petition, you may request a referral to the U.S. Attorney’s Office for judicial action. Please see option 4 of this letter for more information on how to request judicial action. If you request judicial action after filing a petition for relief, CBP will not take further action on your petition and will treat it as withdrawn. If upon receipt of your petition, CBP has already referred the matter to the U.S. Attorney’s Office for judicial action, your petition will be forwarded to that U.S. Attorney’s Office for consideration.
The above means even if a petition has not been decided by CBP, you can file a claim.
If you choose to file an administrative petition and are dissatisfied with CBP’s decision regarding your petition (initial or supplemental), you will have an additional 60 days from the date of the initial petition decision, or 60 days from the date of the supplemental petition decision, or such other time as specified by the Fines, Penalties and Forfeitures Officer to file a claim to the property requesting a referral to the U.S. Attorney for judicial action. Please see option 4 of this letter for information on how to request judicial action. If you do not act within these time frames, CBP may forfeit the property to the United States, as authorized by law.
The above means if you file a petition and it is denied or CBP does not return enough money, you can:
- File a supplemental petition
- File a claim
What about Offer in Compromise?
We generally caution against making an offer in compromise for return of seized cash as a first option. Some attorneys say it is faster than a petition, but this is almost always false. If you do choose an offer in compromise, the notice of seizure says:
The above means that if your offer in compromise is denied you can still file a claim. The notice does not say that you can submit another offer in compromise. It used to, but that text was mysteriously removed in the October 2023 revision of the notice. The Offer in Compromise allows submission of offers anytime up to forfeiture, but CBP may try to disallow it. Therefore, caution should be used.
What About a Claim?
A claim is usually the worst way to get money back and should not be done as a first choice except in rare circumstances. The notice says:
You may request that CBP refer this matter to the U.S. Attorney’s Office, for the commencement of a judicial forfeiture proceeding against the property in federal court pursuant to 18 U.S.C. 983(a)(3).
The above means that by filing a claim, you are asking CBP to turn the money over the court system and (eventually) go to trial. If the trial is not successful (or pre-trial negotiations are not successful) then you lose your money forever – unless you win on appeal to a higher court, which is an even more difficult task than the first trial.
You have no opportunity to change your mind if you file a claim. Unlike with a petition, there is no flexibility and no opportunity to try other methods to get your money back.
What Are Reasons to File a Claim or Offer in Compromise instead of a Petition?
In most cases the reasons for not filing a claim or an offer in compromise is because you do not have a strong case, such as:
- bad or lack of documents showing ownership and legality of the money
- criminal or arrest history
- money is derived from criminal activity or seized during a crime
- non-default options and text in the notice of seizure letter
Take Back Control of Your Money Today
Don’t let a failure to report cash to Customs ruin your travel plans or financial stability. At Great Lakes Customs Law, we understand the complexities and emotional stress that come with currency seizures. We have the experience and are here to help you navigate the legal process and fight for your rights.
Act Now to Protect Your Cash
- Contact Us for a Free Consultation: Lets discuss your case and explore your legal options. We will listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
- Gather Your Documentation: Start collecting all relevant documents, such as bank statements and tax returns, to support your case. We will guide you on the best way to present this information.
- Stay Informed and Prepared: We will keep you updated on the progress of your case and provide you with the knowledge and tools you need to make informed decisions.
Don’t Delay – There is No Time to Waste
Every moment counts after a Customs cash seizure. Contact us immediately to take the first step towards resolving your case and reclaiming your money. Call us at (734) 855-4999 or fill out our online contact form to get started.