Once U.S. Customs and Border Protection seizes your money or property it can eventually be forfeited (lost forever to the government); it doesn’t matter if it’smerchandise or cash/currency transported without being reported, structured, or smuggled. Before the property is forfeited the owner can try to get it back (remitted).
But once property is forfeited, it forever becomes property of the United States Government. As a government attorney once told me, it goes to that big government warehouse at the end of Raiders of the Lost Ark. I don’t think he was joking.
First, appraisem*nt: CBP must give anything seized a “domestic value.” This is usually measured by
“price at which such or similar property is freely offered for sale at the time and place of appraisem*nt, in the same quantity or quantities as seized, and in the ordinary course of trade.” Although an oversimplification, this is basically the fair-market value of the seized property at the time and place of seizure.
Customs conducts an inspection of the goods to determine if they are admissible (i.e., whether they can be allowed entry into the U.S.). Certain things, like narcotics, unsafe electrical components, or lead-tainted children’s toys are inadmissable.
If the goods are admissible, but the importer could not get the property back at the agency or through federal district court, then Customs can:
Destroy it. If Customsdetermines it violates copyright laws, has no commercial value, or is a safety risk or violates U.S. law, the port directoris authorized destroy the forfeited merchandise. If this doesn’t apply, it canbe disposed elsewhere.
Sell it. If the merchandise is sold, Customs will notify the importer, the consignee, the shipper, and the warehouse transferee of the sale no less than 30 days beforehand and then hold a public auction, sometimes online,overseen by the port director. This includes perishables, agricultural products, alcoholic beverages, and vehicles. Counterfeit goods may be sold with the permission of the U.S. trademark holder once the counterfeit mark has been obliterated and at least 90 days after forfeiture, provided that no government agency or charitable institution has a need for them. For example, customs has donated seized fossils to the University of Michigan in the past.
Use it. Last, the government can use it. The products must be unclaimed or abandoned, which means nonpayment of duties and 6 months in Customs custody. The port director must give a 30 day notice, as above. Afterward, the items belong to Customs and they can decide to to use it or distribute it to another government agency.
Item 3 is true for seized money/currency. At the completion of all procedures, seized and forfeited money transfers to the U.S. government. If your money was seized by Customs, read our Customs Money Seizure Legal Guide.
The government could deposit the currency into the U.S. Treasury Department after the seizure. Under 31 USC § 5316, Federal law requires that any person traveling internationally is required to fill out and submit a copy of the "FinCen" form.
If you would like to make a claim for property damage or loss, or personal injury, or death resulting from the negligent or wrongful acts or omissions of an employee of U.S. Customs and Border Protection (CBP), you must file an administrative tort claim against the agency.
Petition Requirements: The petition must include a description of your interest in the property supported by documentation and any facts you believe justify the return of the property and be signed under oath, subject to the penalty of perjury or meet the requirements of an unsworn statement under penalty of perjury.
If a violation does occur, U.S. Customs will seize the merchandise and transport it from the Centralized Examination Station to an official property warehouse. The merchan- dise will remain in the warehouse until Customs authorizes its release.
If your goods were seized and you wish to dispute the action, you can appeal by writing a letter to the CBSA within 90 days of the date of the seizure. You can find more information about the appeal process on your seizure receipt form.
CBP offers the opportunity to receive refunds, resulting from overpayment of Customs duties, taxes, and fees, electronically through Automated Clearinghouse (ACH). If you sign up for ACH Refund, your refund will automatically be deposited directly into your bank account.
No. For security reasons, CBP does not store bank account information in ACS. CBP keeps only your ACH payer number. The National Finance Center and the ACH processor bank have your account information.
All travelers crossing the United States border are subject to CBP inspection. On rare occasions, CBP officers may search a traveler's mobile phone, computer, camera, or other electronic devices during the inspection process.
If you ignore the notice of seizure letter from CBP, then CBP will note that you made no effort to “clear” the property. The seizure history record will then show a notation documenting the alleged violation and associate that alleged violation with the person listed on the receipt or the notice of seizure.
What Does This Notice Mean? U.S. Customs may seize goods if they are contrary to law. If your merchandise is seized, you have options. In your seizure notice, you are provided a Fines, Penalties, and Forfeitures (FP&F) case number and assigned a paralegal.
(a) Generally. Customs will send written notice of seizure as provided in this section to all known interested parties as soon as practicable. Except as provided in paragraphs (b), (c) and (d) of this section, in no case may notice be sent more than 60 calendar days after the date of seizure.
Once the agency completes an investigation and determines that seized cash was used for illegal activity and not as a result of failing to declare the money, the currency goes to the Treasury Forfeiture Fund, an account with the Department of Treasury, CBP said.
If you're not sure what to do if you receive a Notice 12a, the best first step is to seek legal advice. You should then contact the authority that currently holds your items as soon as possible, as HMRC or Border Force expect to receive a Restoration Request or a Notice of Claim within a month.
If you received the seizure notice because you were importing or exporting narcotics or other contraband, you may be facing criminal charges. If you believe that the property that was seized was not contraband, you may be able to challenge the seizure. You can do this by filing a petition with CBP's FP&F Branch.
If you bring more than $10,000 - or the equivalent - to the US, and don't properly declare it, you can have the money seized by border control. There may also be criminal charges to answer if the police believe that the money has come from some form of illegal activity.
When you do not pay the proper customs duty taxes for imported merchandise, your imports will be confiscated and your imports and profits are stuck in limbo. Don't let this happen to you. Find the answers you need to customs duty questions to stay ahead of the game as an importer.
The seizure can happen in various scenarios, such as during raids, traffic stops, or through court orders related to suspicious financial activities. Once seized, the cash is documented, cataloged, and stored in secure facilities while it awaits the outcome of legal proceedings.
You may bring into or take out of the country, including by mail, as much money as you wish. However, if it is more than $10,000, you will need to report it to CBP. Use the online Fincen 105 currency reporting site or ask a CBP officer for the paper copy of the Currency Reporting Form (FinCen 105).
Introduction: My name is Kareem Mueller DO, I am a vivacious, super, thoughtful, excited, handsome, beautiful, combative person who loves writing and wants to share my knowledge and understanding with you.
We notice you're using an ad blocker
Without advertising income, we can't keep making this site awesome for you.
