If judicial forfeiture is your best or only option, you must file a CAFRA Seized Asset Claim Form. By submitting this form, you agree to have your case decided by a Federal district court judge. This process involves multiple court appearances, exchanging written discovery (information sharing), giving and taking depositions (sworn examinations under oath), making and responding to several pre-trial motions (such as motions for summary judgment or dismissal), and ultimately, having a trial with a judge and government attorneys cross-examining you about the seizure and your finances. The CAFRA claim form must be signed by the claimant, not an attorney or representative, and filed with Customs or as otherwise directed.
What Happens After Filing a CAFRA Seized Asset Claim Form?
After you file a CAFRA seized asset claim form, the government has 90 days from receipt of the claim to file a verified complaint to forfeit the money in federal district court. The procedures follow the Supplemental Federal Rules of Civil Procedure for Admiralty or Maritime Claims and Asset Forfeiture Actions. A judge issues an in rem arrest warrant, allowing the property to be seized from customs, and a verified complaint is filed with the court.
What Happens After an In Rem Arrest Warrant and Verified Complaint Are Filed?
Once the in rem arrest warrant and verified complaint are filed and served on the claimant, the claimant must file another claim with the court. The claimant then has 21 days to file an answer and begin the lengthy process of reclaiming the seized money. This includes filing initial disclosures, a scheduling/case management order, attending a discovery conference, complying with discovery orders, creating a discovery plan, and engaging in actual discovery (depositions, interrogatories, requests to admit, requests for production, etc.). If the case does not settle, you will need to make and respond to several pre-trial motions (such as motions for summary judgment or dismissal) and ultimately have a trial with a judge and government attorneys cross-examining you about the seizure and your finances.
Can a CAFRA Seized Asset Claim Case Be Settled?
A CAFRA seized asset claim case can be settled without a trial, depending on the attitude of those involved and the allegations. If bulk cash smuggling or structuring is the basis for seizure, or if the claimant is criminally convicted, much, if not all, of the money could be forfeited.
Can I Get Attorney Fees in My CAFRA Seized Asset Claim Case?
In some cases, if a claimant “substantially prevails” in their CAFRA seized asset claim case, the government must pay attorney fees. However, the costs of judicial forfeiture (via a claim) are much higher than administrative forfeiture (via a petition or offer in compromise), so it should only be pursued after thorough consideration and consultation with an experienced attorney.