Petitions vs Claims for Cash Seized by CBP

After CBP has seized your money, there are many options for getting it refunded. You will find lots of legal opinions on the Internet from lawyers who can help with seized cash, but some of them give wrong advice by suggesting that you should file a claim, not a petition. They may say that if a petition is denied, there is no chance to appeal. This is clearly wrong. All you need to do is look at the notice of seizure letter for CAFRA cases (cash seizures are CAFRA cases, which stands for “Civil Asset Forfeiture Reform Act”).

How can I find out who is right about filing a claim or petition for remission of seized cash?

It is easy to find out who is right by reading the notice of seizure! Here is the text of the notice of seizure which makes the truth pretty obvious for most people, which makes me wonder about how bad these other attorneys are, that they do not read the notice? Below we have highlighted the important parts in red. If in doubt, you should compare the text below (from the October 2023 notice of seizure format) with what your notice of seizure says:

1. PETITION (BOX 1): You may file a petition with this office within 30 days from the date of letter in accordance with Title 19, United States Code (U.S.C.), Section 1618 and Title 19, Code of Federal Regulations (C.F.R.), Sections 171.1 and 171.2 (19 C.F.R. §§ 171.1, 171.2), seeking the remission or mitigation of the forfeiture, in other words, the return of some or all of your property.  The petition does not need to be in any specific form, but it must describe the property involved, identify the date and place of the seizure, include all the facts and circumstances which you believe warrant the return of your property and must include proof of your interest in or claim to the property. The petition and any attachments may be submitted in paper at the address of the Fines, Penalties, and Forfeitures Office appearing on this form or it may be submitted electronically (including any attachments) through the following url: https://epet.cbp.dhs.gov/.  Examples of proof of interest include, but are not limited to, a car title, loan agreement, or documentation of the source of funds.  If you choose this option, you must check BOX 1 on the “Election of Proceedings” form .

By completing BOX 1 on the “Election of Proceedings” form, you are requesting that CBP review your petition and decide whether to accept your petition, in full or in part, or deny your petition altogether.  You are also requesting that CBP halt any forfeiture proceedings after publication of the notice of seizure, if they have already commenced.

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.

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.

2. OFFER IN COMPROMISE (Box 2): If you choose to submit an offer in compromise and are dissatisfied with CBP’s decision, you will have an additional 30 days from the date of that decision to file a claim 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 the 30 days, CBP may forfeit the property to the United States, as authorized by law.

At any point prior to the issuance of CBP’s decision on your offer, you may also request that CBP refer the matter to the U.S. Attorney’s Office for judicial action.   If you take such action, CBP will consider your offer to be withdrawn.

If CBP has already referred the matter to the U.S. Attorney’s Office for judicial action and subsequently receives your offer, CBP will forward your offer to that U.S. Attorney’s Office for consideration as appropriate.

It is VERY IMPORTANT to read the actual text of the notice of seizure letter (it does change occasionally, and the changes matter!). The election of proceedings form, although less detailed, says the same stuff.

Based on our 15+ years of experience, we always start with a petition 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.

What options do I have if CBP denies my petition for remission of seized cash?

If CBP denies your petition for remission of seized cash, depending on the text of your notice letter, you may have these 3 options:

  • File a supplemental petition
  • File an offer in compromise (not always true, since 2023)
  • File a claim and choose judicial forfeiture proceedings

What options do I have if CBP denies my supplemental petition for remission of seized cash?

If CBP denies your supplemental petition for remission of seized cash, you may have these 2 options:

  • File an offer in compromise (not always true, since 2023)
  • File a claim and choose judicial forfeiture proceedings

What options do I have if CBP denies my offer in compromise?

If CBP denies your offer in compromise, you have only 1 option:

  • File a claim and choose judicial forfeiture proceedings

What options do I have if I lose my claim?

  • No easy options, only maybe appeal the decision to a Circuit Court of Appeals – more litigation, more time in court, more attorney fees, more pressure to settle.

Why is another lawyer telling me not to file a petition?

Another lawyer might tell you not file a petition for one of two main reasons:

  1. You don’t have a strong case (for example, you can’t prove the legality of the money)
  2. The lawyer does not know what he’s doing

It is also possible that the lawyer has had a bad experience with the local Fines, Penalties & Forfeitures office trying to change the rules set down in the notice of seizure (very rare), or the notice of seizure letter you have says something different than the quoted above.

You should ask the lawyer why they recommends filing a claim, and ask for specifics! Then, run the other way, and give Great Lakes Customs Law a call for a consultation!

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

  1. 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.
  2. 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.
  3. 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.

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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.