When U.S. Customs and Border Protection (CBP) seizes currency, they issue a Notice of Seizure along with a document called the Election of Proceedings Form. This form requires you to choose how you want to pursue the return of your money — and it is one of the most important decisions you will make in your case. The wrong choice can limit your options, increase your costs, or result in permanent forfeiture of your funds.
What Is the Election of Proceedings Form?
The Election of Proceedings form arrives with your notice of seizure. You generally have 30 days from the date of the notice to respond. Missing this deadline can result in automatic forfeiture of your money — CBP treats a failure to respond as abandonment.
The form presents four options and requires you to select one. It is written in legal language that does not explain the strategic implications of each choice. This is why consulting with a currency seizure lawyer before responding is critical.
What Are the Options?
1. Petition for Remission or Mitigation
A petition asks CBP to return your money through its administrative process, without going to court. The decision is made by a Fines, Penalties & Forfeitures (FP&F) officer at the port where the cash was seized — or by CBP Headquarters if more than $100,000 was involved. This is the option we recommend in the vast majority of cases because it preserves all your other legal options. If the petition is denied, you can still file a supplemental petition, submit an offer in compromise, or file a CAFRA claim to take the case to federal court.
2. File a CAFRA Claim for Court Action
A CAFRA claim (Civil Asset Forfeiture Reform Act) transfers the case to federal court. By filing a claim, you are demanding a trial before a judge or jury. This is a more formal and expensive process — you will need a litigation attorney, and the case can take months or years to resolve. A CAFRA claim should only be the first choice in rare circumstances, such as when the seizure itself was unconstitutional or when the facts are so strongly in your favor that a court judgment is likely. Importantly, once you file a CAFRA claim, you give up the ability to petition administratively.
3. Offer in Compromise
An offer in compromise proposes a settlement — you offer to pay a portion of the seized amount as a penalty in exchange for the return of the rest. This option is typically used when full recovery is unlikely, when the evidence of legitimate source is weak, or when special circumstances make a negotiated resolution the best available outcome. Like a petition, an offer in compromise is handled administratively within CBP.
4. Abandon Any Claim or Interest
Abandonment means you give up all rights to the seized money. CBP keeps everything. This option should almost never be selected. Even in difficult cases with unfavorable facts, there are usually strategies available to recover at least a portion of the seized funds.
You May Only Choose One Option
The Election of Proceedings form requires you to select one option only. Selecting multiple options, or submitting conflicting documents (such as filing both a petition and a CAFRA claim), can jeopardize your case and lead to forfeiture of your money. CBP may treat inconsistent or conflicting responses as invalid, leaving you with no election at all — which is treated the same as abandonment.
Why a Petition Is Almost Always the Best First Choice
In our experience handling hundreds of currency seizure cases, a petition is the best first choice in the vast majority of cases. Here is why:
- It preserves all your options. If the petition is denied, you can still file a CAFRA claim, submit a supplemental petition, or make an offer in compromise. A CAFRA claim, by contrast, locks you into the court system with no way back to the administrative process.
- It is faster and less expensive. The administrative petition process typically resolves in months, not years. You do not need a litigation attorney, and there are no court filing fees or discovery costs.
- The FP&F officer has discretion. Unlike a federal judge who is bound by strict rules of evidence, the FP&F officer has the authority to consider mitigating circumstances and apply CBP’s mitigation guidelines — including unpublished guidelines that can work significantly in your favor when source and intended use are well documented. Learn what evidence you need to build that case.
- Most cases are resolved favorably. When the seized money has a legitimate source and intended use, and the petition is properly prepared, the administrative process frequently results in the return of most or all of the seized funds.
Common Mistakes to Avoid
The Election of Proceedings form may seem straightforward, but there are several mistakes that can seriously damage your case:
- Submitting both a petition and a CAFRA claim. This is the most dangerous mistake. CBP may treat the conflicting elections as invalid, and you could lose your money by default.
- Missing the deadline. You have 30 days from the date of the notice of seizure to respond. If you do not respond in time, CBP will treat it as abandonment and begin forfeiture proceedings.
- Filing a CAFRA claim as your first step. Unless you have a specific legal reason to go directly to federal court, a CAFRA claim eliminates your ability to pursue the faster, less expensive administrative petition process.
- Signing the form without understanding the implications. Each option has different legal consequences, different costs, and different timelines. Choosing based on CBP’s instructions alone — without independent legal advice — can lead to a worse outcome.
- Relying on CBP for guidance. CBP is the agency that seized your money. Their instructions are not designed to help you get it back. Do not call CBP to discuss your case before speaking with an attorney.
What Happens After You Submit the Form
Once you submit the Election of Proceedings form, the process depends on which option you selected:
If you filed a petition: Your attorney prepares and submits a comprehensive legal brief with supporting documentation. The FP&F officer reviews the petition and either grants full remission (returns all the money), grants mitigation (returns most of the money minus a penalty), or denies the petition. Decision timelines vary by port and case complexity.
If you filed a CAFRA claim: The case is referred to the U.S. Attorney’s Office, which has 90 days to file a civil forfeiture complaint in federal court. From there, the case proceeds through the federal court system with discovery, motions, and potentially a trial.
If you submitted an offer in compromise: CBP reviews the offer and either accepts, rejects, or counters. This process is typically faster than a petition but may result in recovering less money.
Get Legal Help Before You Respond
The Election of Proceedings form is one of the most consequential documents in the entire currency seizure process. The choice you make determines the path your case will take — and some paths are much better than others. Great Lakes Customs Law has handled hundreds of currency seizure cases at airports and border crossings nationwide. Attorney Jason Wapiennik knows CBP’s internal mitigation guidelines and has the relationships with FP&F officers that get results. Call us at (734) 855-4999 or contact us online for a free case review.