Tag: cafra notice

Stack of letters with a notice of seizure from CBP dated "3 months ago"

Seized Currency While Overseas? Why You Must Act Before the Notice Arrives

Posted by Jason P. Wapiennik on

Introduction

If U.S. Customs and Border Protection (CBP) has seized your currency—whether cash or monetary instruments—while you’re overseas, do not wait for a formal notice of seizure to arrive. Whether you’re on vacation or living abroad, delaying action can cost you your money.

Why Waiting for a Notice of Seizure Is Risky

Under the Civil Asset Forfeiture Reform Act (CAFRA), specifically 18 U.S.C. § 983, CBP is required to send a notice of seizure that gives the recipient 30 days to respond. However, the method and reliability of delivery—especially to foreign countries—can jeopardize your ability to meet that deadline.

CBP may send the notice by:

  • Regular mail, which is untrackable and insecure.
  • Registered mail, which is slow and often unreliable in international delivery systems.

If the mail system in your country is inefficient or delayed, you may receive the notice after the 30-day deadline has already passed, leaving you with few legal options.

Real-World Example: A Costly Delay

A case involved a traveler whose $30,000 was seized by CBP on February 17. The notice of seizure was issued on March 18 and sent via registered mail to Brazil. The traveler received it on April 28—40 days after issuance, and 10 days past the deadline to file a petition.

When we requested an extension, CBP responded with a denial, citing the expiration of the statutory deadline. This left the traveler with only complex and expensive options, such as filing a motion to set aside the forfeiture under 18 U.S.C. § 983(e)—a remedy that is rarely successful and often burdensome.

What Makes This Unfair

CBP’s reliance on slow international mail—especially registered mail—creates a systemic disadvantage for foreign nationals and U.S. citizens abroad. The law assumes timely delivery, but in practice, delays are common. This undermines the intent of CAFRA’s notice provisions and can result in unintentional forfeiture of substantial sums of money.

Your Best Defense: Act Before the Notice Arrives

If your currency has been seized and you are overseas:

This proactive approach ensures you are ready to respond the moment the notice is received—or even before—giving you the best chance to recover your seized money.Stack of letters with a notice of seizure from CBP dated "3 months ago"

Key Takeaways

  • CAFRA gives you only 30 days to respond to a notice of seizure.
  • International mail delays can cause you to miss the deadline.
  • CBP is not obligated to ensure timely delivery, only to send the notice.
  • Legal remedies after the deadline are limited and expensive.
  • Immediate legal help is essential, especially if you are overseas.

Need Help?

If your money was seized by CBP and you’re currently overseas, visit our Money Seizures Overview or learn What to Do If CBP Seizes Your Money. Our experience can help you act quickly and protect your rights.

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.

Don’t Delay – There is No Time to Waste

SMS/Text Msg Us  WhatsApp Chat

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.

Abandoning Cash to CBP: A Costly Mistake

Posted by Jason P. Wapiennik on
If U.S. Customs and Border Protection (CBP) seizes your cash at the airport, your next steps are critical. One misstep—like signing a form to abandon your property—can permanently end your chances of getting it back. This case study explores a recent federal court decision we were involved in where a traveler tried to undo the consequences of abandoning $46,300 to CBP. The court’s unfortunate ruling underscores the importance of understanding your rights and acting immediately after a seizure.

The Seizure and Abandonment

In early 2022, a traveler departing from Detroit Metropolitan Airport was stopped by CBP and questioned about the cash they were carrying. The traveler declared $15,000 on a FinCEN Form 105, but a search revealed an additional $31,300. CBP seized the full amount and presented the traveler with two forms:

The traveler signed both, effectively relinquishing any claim to the money. We truthfully argued that the abandonment was coerced—signed under duress, without proper explanation, and without receiving copies of the forms. The traveler did not do anything to immediately try to reverse the abandonment decision, instead waiting more than a year to contact us to attempt to get the money back.

Motion to Set Aside Forfeiture: The Traveler’s Argument

After the forfeiture process is complete, there is only one option to try to recover money. So on traveler’s behalf, we filed a motion under 18 U.S.C. § 983(e), request the forfeiture be set aside. Because of the significant delay in contacting us and ongoing negotiations with the governemtn to try to avoid litigation, the motion was filed 2 years after the seizure, claiming:

  • CBP failed to send written notice of the forfeiture proceedings.
  • The abandonment was involuntary, coerced during a stressful interrogation.
  • The forms were incomplete and misleading, lacking the required notice and instructions.
  • The traveler had no actual knowledge of the forfeiture, only of the seizure, and in that case, the government should have provided notice. In other words, they had a legal duty to provide personal notice of the forfeiture proceeding but failed.

They cited cases from other circuits, including Ikelionwu v. United States and Gonzalez-Gonzalez v. United States, to argue that actual knowledge of the seizure does not equate to proper notice of forfeiture proceedings.

CBP’s Response

As could be predicted, CBP opposed the motion to set aside the forfeiture, arguing:

  1. Actual Knowledge of the Seizure: The traveler was present during the seizure, which under Sixth Circuit law bars relief under § 983(e).
  2. Written Notice Was Provided: CBP gave the traveler written notice at the time of seizure via the Election of Proceedings form, satisfying CAFRA’s requirements.
  3. Abandonment Ends Standing: By signing the abandonment form, the traveler forfeited any legal interest in the property and was no longer entitled to further notice.

The government emphasized that the forfeiture was published on www.forfeiture.gov and that no timely claim was filed, and so no personal notice of the proceeding was needed.

Court’s Decision

The assigned to the case denied our motion to set aside forfeiture, , holding that:

  • Under § 983(e), a claimant must show both lack of notice and lack of knowledge of the seizure.
  • The traveler had actual notice of the seizure, which disqualified them from relief—even if they lacked notice of the forfeiture.
  • Sixth Circuit precedent is clear: knowledge of the seizure is controlling, not knowledge of the forfeiture.

The court rejected arguments that notice of the forfeiture proceedings is required based on non-binding out-of-circuit cases, and emphasized that abandonment and failure to act timely were fatal to the claim.

Why CBP’s Use of Abandonment Is Unfair

CBP’s practice of presenting abandonment forms during high-pressure airport seizures is deeply problematic. Travelers—often confused, intimidated, and unaware of their rights—are asked to sign away their property without understanding the consequences. This tactic allows CBP to sidestep CAFRA’s notice requirements, effectively denying due process.

The law requires written notice of forfeiture proceedings, but CBP often (but not always, at least historically) treats a signed abandonment form as a waiver of that obligation. This court has supported that interpretation. This view undermines the protections Congress intended under CAFRA and disproportionately affects travelers unfamiliar with U.S. legal procedures.

Key Takeaways for Travelers and Claimants

  • Contact a Customs Lawyer Quickly after Abandoning Cash
    First, do not abandon your cash. But if you do, act quickly — contact a cash seizure lawyer to see if there are any opportunities to reclaim your seized cash.
  • Act Immediately After a Seizure
    If your money is seized, consult a customs forfeiture attorney right away. You have limited time to file a claim or request remission.
  • CAFRA Notice Requirements Can Be Sidestepped
    CBP can uses abandonment forms to avoid sending formal notice under CAFRA. This tactic undermines due process and leaves travelers in the dark as to their rights.
  • Coercion Is Hard to Prove After the Fact
    Courts are skeptical of claims that abandonment was coerced unless supported by strong evidence. Document everything and request copies of all forms.
  • Publication Alone Is Not Enough
    CBP publishes forfeiture notices online, but if you’ve abandoned your property, you may no longer be considered an interested party—even if you later change your mind.

Conclusion

This case is a stark reminder that abandoning cash to CBP is rarely the end of the story—but it can be the end of your legal options. If your money is seized, don’t sign anything without understanding your rights. And if you’ve already signed, act fast. The law may offer a narrow path to recovery, but only if you move quickly and strategically.

For more information, visit our Money Seizures Resource Center.

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.

Don’t Delay – There is No Time to Waste

SMS/Text Msg Us  WhatsApp Chat

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.

A September 7 2018 notice of seizure and intent to forfeit cash seized at Detroit Metropolital airport.

Detroit Airport Cash Forfeiture Notices: September 7 2018

Posted by Jason P. Wapiennik on

Last Friday, Customs published a notice for cash that was seized at Detroit airport only 3 days earlier, on September 4. We, at Great Lakes Customs Law, monitor these notices on a weekly basis because, inevitably, we need them to help our clients who have been forced to abandon cash.

This notice seems highly unusual, as it usually takes several days for information to get from the CBP officers at Detroit Metropolitan Airport to the administrative and enforcement wing of CBP — Fines, Penalties & Forfeitures (FP&F) office — at the McNamara Federal Building. Even after it is delivered to FP&F, I strongly suspect that it takes a few days to overcome bureacratic inertia and get it over to the people at forfeiture.gov (which, I believe, is run by the DOJ).

Here’s the text of the relevant notice:

PUBLICATION/POSTING START: September 07, 2018
PUBLICATION/POSTING END: October 07, 2018
DEADLINE TO FILE A CLAIM: November 06, 2018

DETROIT

2018380700135201-0001-0000, Seized on 09/04/2018; At the port of DETROIT AIRPORT; U.S. Currency Retained; 527; PC; Valued at $48,777.00; For violation of 31 USC 5317(c)(2), 31 USC 5316(a)(1)(B)

It is very curious to me that this seizure and the publication of the intent to forfeit was “fast-tracked” in a matter of only 3 days between seizure and publication. UPDATE: I’ve since corresponded with the individual whose money was seized in this case and have confirmed they were coerced into abandoning the cash to avoid jail, and delay.

Is Detroit CBP forfeiting your cash?

If CBP in Detroit seized and is forfeiting your cash, you have rights to get your cash back. Read our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.
A copy of the notice of seizure and intent to forfeit featuring the case of the incomplete check seized by CBP

Detroit CBP Forfeits Seized Cash by Notices

Posted by Jason P. Wapiennik on

There have not been many news releases by CBP about cash seizures, but just because it’s not hitting the news doesn’t mean anything has changed. For example, CBP in Detroit is still seizing cash at Detroit Metro Airport (and of course, to a lesser extent, the Ambassador Bridge and Detroit-Windsor Tunnel). To get a glimpse of their activity, we can look to the notices of seizure and intent to forfeit postings that the government is required to make on the foreiture.gov website.

Once CBP takes money, there are several ways to try to get it back. Most of these are shown on the election of proceedings form. If they can’t successfully get the money back, or they choose to file a claim, the notice of seizure and intent to forfeit is published.

From mid-December until now, here are all the cases where money was seized and the notice has been published, along with my comments on each case:

PUBLICATION/POSTING START: January 12, 2018
PUBLICATION/POSTING END: February 11, 2018
DEADLINE TO FILE A CLAIM: March 13, 2018

DETROIT, MI
2018380700037501-001-0000, Seized on 01/05/2018; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 323; EA; Valued at $31,261.00; For violation of 31USC5316, 31USC5317

Above, the cash was seized at Detroit Metro on 1/5, and the posting was made on January 12. Typically, CBP sends out a notice of seizure letter to those with a known interest in the money and then, if not responded to within 35 days, the notice gets published online. So this short period of time between seizure and publication only makes sense to me if the person who had their money seized abandoned the cash or, immediately they filed a claim.

PUBLICATION/POSTING START: January 05, 2018
PUBLICATION/POSTING END: February 04, 2018
DEADLINE TO FILE A CLAIM: March 06, 2018

DETROIT, MI
2017380700124801-001-0000, Seized on 05/26/2017; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 263; EA; Valued at $26,200.00; For violation of 31USC5317, 31USC5316, 31USC5324, 31CFR1010.340(A)

Above is a more expected situation, where the money was seized in May 2017 (for failure to report and for structuring), but the first publication of the intent to forfeit was not until January. This tells me that it is very likely that the administrative resolution was unsuccessful (e.g., they filed an administrative petition and it was unsuccessful). That usually means a bad lawyer, no lawyer, or insufficient documentation showing legitimate source and use of the seized cash. Some people give up at this point, which is usually a poor decision. You’ve got to keep trying and file a claim, but you’ll meet with the same fate unless you get an experienced attorney.

PUBLICATION/POSTING START: December 29, 2017
PUBLICATION/POSTING END: January 28, 2018
DEADLINE TO FILE A CLAIM: February 27, 2018

DETROIT, MI
2017380700064601-001-0000, Seized on 01/25/2017; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 250; EA; Valued at $25,000.00; For violation of 19USC1607, 19USC162.45, 19USC983(A)(2)

The also looks like the administrative options failed. But this one puzzles me another reason, because the reasons listed for seizure don’t appear to be right. All of the law or regulations cited there are for the summary forfeiture statute, which only describes the process used for forfeiting property that is valued at less than $500,000. In other words, those laws do not describe a crime but instead just direct the government to publish notice in a certain way. It looks like someone at CBP sent the wrong information in for publishing.

PUBLICATION/POSTING START: December 15, 2017
PUBLICATION/POSTING END: January 14, 2018
DEADLINE TO FILE A CLAIM: February 13, 2018

DETROIT, MI
2018380100011101-001-0000, Seized on 11/09/2017; At the port of DETROIT, MI; US CURRENCY; 878; EA; Valued at $20,106.00; For violation of 18USC981(A)(1)(C), 18USC1956(C)(7)(A), 18USC1961(1)(D),21USC841,21USC881,, 21USC846

2018380700026301-001-0000, Seized on 12/01/2017; At the port of DETROIT, MI; U.S. CURRENCY RETAINED; 520; EA; Valued at $48,293.00; For violation of 31USC5316, 31USC5317, 31USC5332

Finally, the first of the two listed here was seized not for a failure to report the cash, but instead because the money was suspected to be involved in some illegal activity. The case number tells me that this occurred at one of the land border crossings in Detroit, where such a situation is more likely to occur than at the Detroit Metro Airport.

The final case shows the money was seized on December 1, and the notice was published on December 15. That tells me that the person, rather than electing administrative proceedings, chose to file a claim and set their case up for decision by a judge. Typically, that’s a bad idea; it’s usually better to give administrative remedies a chance first, but not always. It could be someone made this decision without a lawyer, or hired a lawyer who doesn’t know what they’re doing.

Is Detroit CBP forfeiting your cash?

If CBP in Detroit seized and is forfeiting your cash, you need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.
Detroit CAFRA Notice of Seizure and Intent to Forfeit

CBP Seized $20,242 at Detroit Metro Airport

Posted by Jason P. Wapiennik on

Last week’s forfeiture.gov publication of legal notices of seizure and intent to forfeit revealed more unfortunate news for someone out there who had their cash seized at Detroit Metropolitan Airport, as recently as March 6, 2017.

Here’s why it’s unfortunate: If the money was seized on March 7, the notice of seizure was probably not sent until about March 21, which would give the interested person 30 days to respond with a petition (or 35 days to file a claim) — that puts a deadline at about April 6 for a petition, or April 11 for a claim.

The fact that notice has been published means 1) somebody got their petition denied (unlikely in 30 days unless the documentation was terrible); 2) somebody filed a claim and requested notice be published (probably a bad decision — a long and and court supervised process leading to trial); or 3) no one responded to the notice of seizure, intentionally or unintentionally (because they did not receive it).

Here’s the notice:

CAFRA Notice of seizure and intent to Forfeit Detroit It shows $20,242 was seized for a failure to report. Never, ever file a claim or a petition with CBP without first consulting with a lawyer (like me) who deals with Customs seizures first. Don’t use your immigration lawyer, and don’t use an attorney who has more experience with DOJ, FBI, or DEA cases. CBP is different, and most of the time, the cash seizure is for totally different reasons.

Read our trusted customs money seizure legal guide and contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.