Download presentation
Presentation is loading. Please wait.
Published byJames Watson Modified over 8 years ago
1
Free Consultation 877-406-6906 Representing Individuals Nationwide www.uscustomsmoneyseizure.com
2
Postal Seizures Did you know that the United States Postal Inspection Service (USPIS) can seize packages in much the same manner as United States Customs and Border Patrol (USCBP)? Just as USCBP can seize any illicit property at an airport or border crossing, USPIS can seize illicit property that goes through the U.S. Mail. T he United States Postal Inspection Service is an old but little known branch ofUnited States law enforcement. Just like any other law enforcement agency, USPIS can serve and execute warrants, make arrests, and more. With a warrant, USPIS can open and inspect first class mail.Time is usually ofthe essence first class mail. with postal investigations, so warrants are often obtained and issued quickly. To get a warrant, the officer need only convince a judge or magistrate that there is probable cause the letter or package is involved with a crime. In general, probable cause roughly amounts to reasonable likelihood – for example, a simple alert by a drug dog often satisfies this requirement. Such an alert would thus give USPIS authority to search that package, resulting in at least a delay in mailing ifnot an outright seizure or arrest. Moreover, USPIS can inspect other classes of mail without a warrant, since they are not considered private correspondence. USPIS inspects mail to search for mail fraud, weapons, weapons, other classes of mail harmful or terrorism-related materials, and narcotics. www.uscustomsmoneyseizure.com
3
U.S. Customs Money Seizure Are you the Victim of a US Customs Money Seizure? Many American citizens traveling abroad are unaware ofthe requirement to report the transportation ofU.S or foreign currency. In fact, U.S law requires that any currency or other monetary equivalents that exceed a $10,000.00 threshold must be reported directly to U.S Customs and Border Security prior to entering or leaving the country. The consequences for violating the law can be severe, and may include the seizure ofthe assets as well as other penalties. In a global environment ofescalating crime and the threat ofterrorism, U.S. Customs agents are particularly sensitive to large, unreported sums ofcash entering or leaving the country. Reporting Requirements The Currency and Foreign Transaction Reporting Act (CFTRA) specifically outlines the currencies and the other “monetary instruments” that must be reported. This includes cash and coins ofdomestic or foreign origin as well as traveler’s checks. Any negotiable instruments that can be transferred to another legal entity such as money orders, checks, stocks, promissory notes and securities are all subject to the provisions ofthe Act. There are exclusions in the law that exempts certain elements with transferable value. This would include bills oflading, warehouse receipts, and checks or money orders which have either not been endorsed or have endorsements with restrictions. www.uscustomsmoneyseizure.com
4
How to File a Proper Report www.uscustomsmoneyseizure.com U.S. Citizens are not prohibited from carrying sums in excess of$10,000.00 in or out ofthe country. Regardless ofthe monetary value, the reporting requirement can be satisfied by filing FinCEN Form 105 which is available through the U.S. Customs and Border protection department. There are no associated custom duties, fees, or taxes that must be paid to transport currency. Filing the appropriate form completely satisfies any legal obligations. When Funds are Confiscated Involuntary seizure ofcurrency or other monetary assets usually results from a failure to file the proper form or including erroneous information in the text. In most instances, the violation was a result ofa lack ofknowledge relating to the reporting requirement. On other occasions, customs officials may misinterpret the intent ofthe seizure regulations. Time is ofthe essence in currency seizure cases and it is important to immediately file a petition for relief. The longer the money remains in the custody ofU.S. Customs, the more likely that the assets will be forfeited to the government. Customs seizure law is complex, and it is important to have experienced legal representation throughout the process. Most ofthe currency that is seized will ultimately be forfeited to the government, primarily due to a lack ofaggressive recovery efforts. This is an area ofthe law where an attorney with expertise can prove extremely valuable.
5
Seizure ofGoods www.uscustomsmoneyseizure.com C ustoms has the power to seize either money or goods ifthey are transported in violation offederal law (i.e the Seizure ofGoods). The violation offederal law can be that the goods are stolen, smuggled, contraband, violate court order or trademark, or are a hazard to public safety. Under 19 USC § 1595a, the penalties section, some imports that are “contrary to law” mandate forfeiture, and some authorize forfeiture. Pursuant to 19 USC 1618, a person with an interest in seized goods may file a petition for remission of the fine, penalty, or seizure. The petitioner has the burden in this petition. A petitioner must prove that the penalty was incurred without willful negligence, without intent to defraud the revenue ofthe US of violate the law, or mitigating circumstances exist that would justify remission. Our experienced attorneys can file a Petition on your behalfand work to demonstrate these burdens pursuant to CFR 171.1 and CFR 171.2. It is important to get an attorney and firm such as ourselves involved right away, even during the investigation period. At times statements you make even prior to the seizure can be used against you and prejudice your case. Our attorneys can guide you through the process from start to finish. Ifyou are in a position where your Petition has already been rejected, we might be able to get you a second bite at the apple. In some situations, a supplemental petition can be filed after a denial. Alternatively, ifyou have learned more through the process and think that Customs has a stronger case, we may be able to make an offer in compromise on your behalfto attempt to mitigate the loss.
6
Can I Get My Money Back? Our attorneys are regularly able to recover the monies you had seized. Offering nationwide legal assistance, we will prepare the administrative petitions and negotiate with the U.S. Customs and Border Patrol to see that you are returned your seized cash. Our firm is so confident that we will succeed we offer a No Fee Guarantee*. Thus, you will not owe our firm an attorney fee ifwe cannot recover your money. Ifyour Petition has already been denied, and your circumstances warrant it, we can even appeal your case to federal court. Our Goal is to Get You Your Money Back. www.uscustomsmoneyseizure.com Time is of the essence, Call Now! Ifyour cash or property was seized by the U.S. Customs and Border Protection and you fail to act in a timely manner, then you will automatically lose. Time is ofthe essence, and in most cases you must file a petition within 30 days ofthe seizure notice. Nationwide call our Attorneys at 877-406-6906 for a free consultation. DETROIT: Garmo & Kiste, PLC 50 W. Big Beaver Road, Suite 240 Troy, Michigan 48084 Telephone: (877)-406-6906 Fax: (248) 436-6829 Locations SEATTLE: 100 Andover Park W, Suite 150 Tukwila, Washington 98188 Telephone: (877) 406-6906 Fax: (248) 436-6829
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.