4 Steps After Receiving Notice of Seizure Letter From an Agency
Take a Deep Breath, Calm Down, and Read This Summary First!
It is frightening to receive a notice of seizure letter from a federal agency (CBP, DEA, FBI, HSI, USPIS, USSS, etc.). However, it is not criminal.
Most people who receive the letter are NOT charged criminally.
For instance, the DEA may have taken possession of your property, cash, vehicles, or other valuables, such as your gold and silver.
The CAFRA or information to claimants seizure letter will also set a short timeframe – usually around 35 days (paperwork has to be on the agency’s desk by that date) – to elect to file a petition, offer, abandon, or claim.
Notice of Seizure and Information to Claimants CAFRA Form Election of Proceedings — CAFRA FormSelecting the right option and giving information that will not harm you is essential.
It’s normal to feel anxious reading a seizure letter from the DEA, CBP, USPIS, FBI, or any other agency.
You should not let fear stop you from demanding the return of your property, especially because you have not been charged with a crime.
Many people are able to get their property returned with an experienced forfeiture attorney and the right legal strategy.
Federal Law Enforcement wants to keep your hard-earned property, or doesn’t want your spouse, family, or any lawful owner to be successful.
Don’t call the DEA, CBP, USPIS, or any other federal agency for advice when they are the ones attempting to take your property in the first place.
Step 1: Carefully Review the Notice of Seizure Letter
First, review all the details in the seizure letter. The important information includes:
- Date the letter was issued (starts the response clock)
- Identification numbers for the seized assets
- Descriptions of the seized property
- Declared value of the seized assets
- Deadline to file a claim (typically 35 days to get the response on their desk)
Save the original letter or make copies for your attorney.
You will likely need to refer back to it throughout the response process.
Step 2: Decide Which to File: an Administrative Petition, Offer, or Claim
Filing an administrative petition, offer, or claim is essential to regain your property.
A filed claim must be received by the deadline stated in the seizure letter—usually within 35 days of receiving notice.
A Claim guarantees DUE PROCESS where a petition or offer in compromise allows only limited rights.
When you send the response, send it via certified mail and keep detailed records of the seizure letter responses.
In any response, you should clearly identify yourself as the owner, explain your interest in the property, and demand that the assets be returned immediately.
You don’t need to go into too much detail.
If you have any doubts, you should contact a forfeiture lawyer well before the deadline so the lawyer can withdraw what you may have filed and direct a corrected claim to the agency’s lawyers before any rights are waived.
Call San Diego Defenders – Forfeiture Law Firm at (619) 258-8888 for a free, confidential consultation. Attorney Dan Smith has over 35 years of experience in federal defense.
Step 3: The Agency’s Response May Take Time
After receiving your response, the agency (CBP, DEA, FBI, USPIS, etc.) and/or federal prosecutors will review the case.
Here is what may happen next in this process:
The Government may deny your petition or offer in compromise and give you 60 days to “appeal”. Unfortunately, if 35 days have passed, you cannot withdraw a petition or offer to file a claim in a forfeiture action.
If your forfeiture lawyer files a claim, the Assistant United States Attorney (AUSA) may contact your attorney to discuss settlement before filing for court proceedings. This results in the fastest outcome because the Government has only 90 days to respond to a claim.
The Government Will Initiate Forfeiture Proceedings in Court.
If the Government agency decides to proceed with forfeiting your property, it will file a civil case against it in federal court.
You will be served with the complaint and must file an answer within 20 days.
Many fraud cases start with a complaint against property, such as currency or Bitcoin, e.g., U.S. v. 1,296,000.00 and assorted gold bars.
Notices are sent to identifiable victims, and a response is filed.
If a federal civil case is filed, you may hire an experienced federal forfeiture attorney to defend against the forfeiture action on your property.
Your federal lawyer can help create the strongest possible legal argument and defenses so you get your property back.
Settlement is the most favorable outcome regarding time spent, where a case can go on for over a year.
If you respond to the notice of seizure letter and too much time passes (generally over 5 years), your federal lawyer can file a motion to dismiss based on the unreasonable delay.
Step 4: Think About Whether You Want to Take On The Government By Yourself
Federal forfeiture lawyers generally take on forfeiture cases on a contingency basis.
That means the forfeiture lawyer does well if you do well; their fee is based on the amount recovered.
There are many potential traps set by the seizing agency.
The DEA, FBI, CBP, or other agencies always put the election of filing a petition first on the list. Second is an offer in compromise.
Both a petition and an offer in compromise are “administrative” and do not allow the due process protections of a claim, listed at the bottom of the elections.
Once the Government has your property, they have already assumed that they will keep it.
An experienced forfeiture lawyer will explain your possibility of success, usually with a free consultation.
Don’t try to handle this alone or wait until it’s too late.
Contact San Diego Defenders—Forfeiture Law Firm today for a free, confidential consultation at (619) 258-8888.
We will explain your options and how we can help. We offer affordable payment plans, handle the entire process, and protect you from the Government.
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We handle asset forfeiture cases nationwide, including Arizona, Texas, Florida, Vermont, Washington, Michigan, New York, and all other 50 states!
