CBP Seizures (Fines, Penalties and Forfeitures) - Customs & International Trade Law Firm (2024)

FAQs

What happens when you get a seizure letter from customs? ›

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.

Fines, Penalties, and Forfeitures are moneys received from levies imposed for violation of laws and regulations; confiscated or unclaimed funds; and proceeds from confiscated or unclaimed property.

CBP Trade enforces law by targeting and penalizing lawbreakers through monetary penalties and legal action. Unfair, unsafe, or illicit trade practice is not tolerated within U.S. supply chains. The goal of the Penalties Program is to ensure that penalties are effective in deterring noncompliance.

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 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.

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

Legal Implications of Forfeiture

The most significant legal implication of forfeiture is the termination of the lease. Once the landlord has taken back possession of the property, the lease is effectively terminated, and the tenant no longer has any rights to the property.

Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.

Visitors traveling to the United States are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the United States. Citizens of the countries listed below are exempt the six-month rule and need only have a passport valid for their intended period of stay.

How long is CBP probation? ›

Firearm proficiency is required for all Border Patrol Agents and is part of the training provided. Probationary Period:You must serve a one-year probationary period during the first year of your initial permanent federal appointment to determine fitness for continued employment.

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.

Every effort is made to promptly transfer, transport, process, release, or repatriate migrants as appropriate and operationally feasible. Generally, CBP tries not to hold individuals in custody for longer than 72 hours.

There is no maximum limit, however, any amount exceeding $10,000 USD must be declared upon arrival on both the Form 6059B and FinCEN 105. All forms must be filled in completely and truthfully. The penalties for inaccurate declaration and non-compliance can be severe including heavy fines and/or confiscation of funds.

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.

Seizure Of Goods

If the alleged infringer does not make a claim for the goods, they will be automatically forfeited and destroyed. If the importer files a claim for release of the seized goods, we can also advise on your options.

Seizure is taking over of actual possession of the goods by the department. Seizure can be made only after inquiry/investigation that the goods are liable to confiscation. Confiscation. Confiscation of the goods is the ultimate act after proper adjudication.

If customs believes something is a replica or violation of the intellectual property of a company (its logo on fake merchandise, etc) it will flag the item and issue a seizure notice to the recipient in the US. Once a Seizure Notice is received, the “violator” is provided 30 days to file a Petition with Customs.

A notice of seizure is the final document the government must produce in the process of seizing property for nonpayment of federal taxes. The Internal Revenue Service will initiate this process by sending a “Notice and Demand for Payment,” which indicates to a taxpayer that they owe the federal government money. 3