Customs Seizures

Attorneys for Obtaining Seized Goods and Currency from U.S. Customs and Border Protection (CBP)

Attorney Nick OberheidenCustoms Seizures
Team Lead

If you have had goods, merchandise, or currency seized by U.S. Customs and Border Protection (CBP), there are specific procedures you need to follow in order to seek the return of your property. Since customs seizures are a matter of national security, the process for seeking the return of seized property is rigorous, and both U.S. citizens and foreign nationals must take a series of specific steps to avoid forfeiture.

At Oberheiden P.C., we represent clients in customs seizures matters throughout the United States. If CBP has seized your (or your company’s) property, we can thoroughly evaluate your case to determine what options you have available. Then, we can take all necessary and appropriate legal action on your behalf. We have extensive experience in national security, customs, and import/export matters, and we are intimately familiar with the procedures involved in seeking the return of seized goods and currency from CBP.

How We Can Help

The attorneys in our national security practice assist individuals and companies with all matters related to customs seizures by CBP. This includes (but is not limited to):

Responding to a “Notice of Seizure” from CBP

When CBP seizes an individual’s or company’s property it will issue a “Notice of Seizure.” This formal notice will identify the property that has been seized and the location where it is being stored. The issuance of a Notice of Seizure is the first step toward forfeiting ownership of the property in question to the U.S. government.

As a result, once you receive a Notice of Seizure, a timely and effective response is essential. Our attorneys can review the notice and additional information you received from CBP and determine the steps you need to take to seek the return of your (or your business’s) property. While private property is subject to forfeiture in some cases, individuals and businesses that have had property seized by CBP will be able to secure the return of some or all of their property in many instances.

Determining Why Your (or Your Business’s) Property was Seized

Determining whether you have grounds to seek recovery of your (or your business’s) seized property starts with understanding why CBP initiated the seizure. As stated in the federal regulations:

“Property may be seized . . . by any Customs officer who has reasonable cause to believe that any law or regulation enforced by Customs and Border Protection or Immigration and Customs Enforcement has been violated, by reason of which the property has become subject to seizure or forfeiture. This paragraph does not authorize seizure when seizure or forfeiture is restricted by law or regulation . . . .”

The federal regulations go on to state that CBP may authorize certain persons other than Customs officers to conduct seizures as well, and they outline various circumstances in which “forfeiture is restricted by law or regulation.”

Despite these limitations, CBP has broad authority to seize property due to national security concerns and for other purposes. As a result, discerning the grounds for a customs seizure often is not a simple or straightforward process. Our attorneys can engage with CBP officials to gather the information we need, and then we can advise you appropriately based on the allegations and other circumstances at hand.

Making Your “Election of Proceedings”

If you have grounds to challenge CBP’s seizure, one of the next critical steps will be to decide how best to proceed. When issuing a Notice of Seizure, CBP will also issue an “Election of Proceedings” form that provides owners of seized property with three options for challenging the seizure (as well as a fourth option to abandon the property). The options for challenging a customs seizure are:

Filing a Petition with CBP’s Fines, Penalties, and Forfeitures (FP&F)

If you disagree with CBP’s stated grounds for seizure, or if you can challenge the seizure on other grounds, one option is to file a petition with FP&F. If you choose this option, you must file your petition within 30 days of the Notice of Seizure. Engaging experienced legal counsel to prepare the petition is crucial. Not only must you state clear grounds for recovering your (or your business’s) seized property, but you must also avoid making any statements that CBP might be able to use against you (or your business) in a related law enforcement proceeding.

Challenging the Customs Seizure in Federal Court

In lieu of filing a petition with FP&F, you also have the option of challenging the customs seizure in federal court. If FP&F denies your petition, you can challenge the denial in federal court as well (subject to a 60-day deadline). When you challenge a customs seizure in court, the U.S. Department of Justice (DOJ) will handle the case—so, here too, experienced legal representation is essential.

Negotiating an Offer in Compromise

If you do not have grounds to fully challenge CBP’s seizure, then you may need to consider an Offer in Compromise. Similar to FP&F petitions and judicial challenges, Offers in Compromise are subject to strict procedural requirements, and it is essential to present a clear, legally supported basis for your offer to CBP.

Handling Your Customs Seizure Case on Your Behalf

After assisting with your election of proceedings, our attorneys will then handle your customs seizure case on your behalf. We will work with FP&F or the DOJ as warranted, and we will fight to secure the return of your goods or currency in court as necessary.

Defending Against CBP Investigations and Other Federal Law Enforcement Matters

In many cases, CBP conducts seizures in connection with other federal law enforcement efforts. If you are facing a CBP investigation or any other federal law enforcement matter, dealing with your customs seizure will be just one step in the process. With extensive experience in national security and other key areas, we have the capabilities and resources required to handle all types of CBP investigations and federal law enforcement proceedings nationwide.

If you are facing a federal investigation, time is of the essence. Not only must you meet strict deadlines to avoid forfeiture of your (or your business’s) seized property, but you must also act quickly to build your defense. Our team can provide representation on an emergency basis if necessary, and we have an extensive track record of resolving our clients’ federal investigations without charges being filed.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: How to Handle a Customs Seizure By CBP

Why Does U.S. Customs and Border Protection (CBP) Seize Property?

U.S. Customs and Border Protection (CBP) seizes property for a wide range of reasons. Not only does CBP have the authority to seize property or counterfeit goods brought into the United States in violation of U.S. customs laws, but it can also conduct seizures for national security and other purposes. If CBP has seized your property, finding out why will be a key first step toward determining what risks you are facing and what options you have available.

What Are My Rights if CBP has Seized My Property?

If CBP has seized your (or your business’s) property, you have the right to challenge the seizure—provided that you take action in time. Once you receive a Notice of Seizure, you generally have 30 days to act. If you do not take appropriate legal action to challenge the seizure within 30 days, the property will become subject to forfeiture.

What Should I Do if CBP has Seized My Property?

When faced with a customs seizure, you should consult with an experienced attorney right away. Not only do you need to make informed decisions about challenging CBP’s seizure, but you also need to find out if CBP’s action presents other risks. If you are under investigation for violating U.S. federal law, you will need to work closely with your attorney to examine the evidence against you and determine what you need to do to protect yourself.

How Can I Avoid Forfeiture After a CBP Customs Seizure?

To avoid forfeiture after a CBP customs seizure, you must make an “election of proceedings” within 30 days. This means either: (i) filing a petition with FP&F; (ii) filing a judicial challenge in court; or, (iii) submitting an Offer in Compromise to CBP.

Do I Need an Attorney to Deal with CBP After a Customs Seizure?

If you find yourself facing a customs seizure, you will want to consult with an experienced attorney as soon as possible. While individuals have the option of challenging customs seizures on their own, doing so can be risky—and if CBP has seized your property, you could be facing other legal risks as well.

Speak with a Senior Customs Seizures Attorney at Oberheiden P.C. in Confidence

If you would like to speak with a senior customs seizure attorney at Oberheiden P.C., we invite you to get in touch. We represent individuals and businesses in CBP seizure cases and related matters nationwide. To schedule a call as soon as possible, please call 888-680-1745 or tell us how we can get in touch online today.

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The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.