AFTER A CBP CURRENCY SEIZURE
When CBP seizes currency or other property at a port of entry, the seizure is transferred into CBP’s Fines, Penalties and Forfeitures process. The traveler should preserve the seizure number and paperwork, wait for the formal Notice of Seizure, and carefully evaluate the available administrative or judicial options before a deadline passes.
Current CBP guidance states that after property is seized, the seizure is reviewed and the case is referred to the appropriate Fines, Penalties and Forfeitures office, commonly called FP&F.
The CBP officer who physically took the currency is not ordinarily the office that ultimately decides a later petition for remission or mitigation.
The FP&F office sends the suspected violator and other known interested parties a formal Notice of Seizure describing the property and the procedures available for contesting or seeking relief from the forfeiture.
CBP specifically instructs people contacting FP&F about seized property to provide the seizure number assigned by the officer.
The Notice of Seizure may provide different procedural options. Depending on the governing forfeiture statute, the owner may be able to seek administrative remission or mitigation, file a qualifying claim that moves the forfeiture toward federal court, abandon the property, or use another procedure described in the notice.
The applicable deadline depends on the route selected and the law governing the seizure.
Where CBP seized currency, bank records, withdrawal records, tax records, business records, contracts or other documents showing lawful ownership and source of the money can become important evidence.
If the seizure arose because the traveler carried more than $10,000 without filing the required report, the reporting violation must be analyzed separately from ownership of the money and the forfeiture procedure.
The taking of currency under customs or forfeiture authority does not by itself establish a particular ground of immigration inadmissibility.
However, false statements, criminal conduct or other facts developed during the seizure investigation may create separate immigration issues.
CBP states that the FP&F office sends interested parties a Notice of Seizure after the case is referred for forfeiture processing.
CBP directs questions to the FP&F office at the port where the property was seized and advises providing the seizure number.
The better approach is to identify the legal basis for the seizure, the specific procedures offered in the Notice and the applicable deadlines before electing a remedy.
These government materials provide the principal CBP seizure, petition and forfeiture procedures discussed on this page.
The correct response can depend on the seizure statute, amount, reporting history, ownership evidence and whether the traveler wants administrative relief or judicial review.