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:

• A Notice of Abandonment and Assent to Forfeiture
• An Election of Proceedings Form under CAFRA

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

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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.