CBP Asset Seizure
At San Diego Defenders—Forfeiture Law Firm, we specialize in CBP asset forfeiture cases and represent clients in reclaiming their seized property. Our priority is to do this quickly and inexpensively.
If you’ve had cash, a car, truck, or any other personal property seized by US Customs and Border Protection (CBP), here are some answers to top general questions about CBP asset forfeiture:
What is CBP?
CBP is an abbreviation for U.S. Customs and Border Protection.
CBP’s mission is to counter terrorism, combat transnational crime, secure the border, facilitate lawful trade, protect revenue, and facilitate lawful travel.
Their mission statement details that CBP seeks to “Protect the American people, safeguard our borders, and enhance the nation’s economic prosperity.”
CBP manages and controls the United States’ borders through customs, immigration, border patrol, and agricultural protection.
What assets can CBP seize and when?
Under 19 USC § 1618, U.S. Customs and Border Protection seizes vessels, vehicles, aircrafts, merchandise, and baggage.
Most commonly, the cases we encounter with CBP involve cars, trucks, and cash. We have successfully returned property in hundreds of cases.
CBP seizes these items when it suspects they have been used in association with transnational crimes or immigration security crimes.
Under 19 USC § 1607, administrative forfeiture by CBP is appropriate if the seized goods are:
- of a forfeiture value of $500,000 or less;
- a conveyance used to smuggle drugs;
- prohibited merchandise; or
- monetary instruments in any amount.
Why can CBP seize property, and why do they do so?
19 CFR § 162.21(a) grants Customs officers the authority to seize property.
To initiate a seizure, Customs must have probable cause to believe that a customs law or other law enforced by Customs was violated with respect to specific property (e.g., undeclared or smuggled property; counterfeit trademark goods).
The rationale behind CBP asset forfeiture is that seizing property should deter crime from occurring or reoccurring since it acts as a punishment for violating the law. Profits from crime are also taken away, which in turn would dismantle any incentive to engage in illicit activity and reduce funding for transnational crime organizations.
Where does CBP normally seize property?
Our case records show that CBP has seized assets at immigration checkpoints, border crossing ports of entry, and border towns.
Cars are usually seized when crossing international border crossings like San Ysidro, Otay, Tecate, and Calexico POE or when traveling close to the border in Campo, CA, Pine Valley, CA, and El Centro, CA.
Many times, the cars or trucks are taken away at immigration checkpoints such as Jamul along SR-94 (check out the video below), Temecula, Pine Valley, or Buckman Springs, along with San Onofre along the I-5 or I-8.
While those locations are specific to California, we have helped people get their cars and trucks back from numerous states, such as Arizona, Texas, Minnesota, and Florida.
CBP also seizes assets, such as money, at airport customs screenings.
We have handled locations such as LAX and Cross Border Xpress, a popular border crossing and entry port connecting San Diego to the Tijuana International Airport.
How can a CBP asset forfeiture attorney help me get my stuff back?
After CBP seizes your car, cash, or other property, you will receive a Notice of Seizure letter through certified mail as required by 18 USC § 983.
This includes four options for you to proceed with:
- File a petition for relief. This comes with a waiver of immediate institution of forfeiture proceedings.
- We recommend against filing a petition on your own. See why here.
- You can choose to abandon your property and request that Customs begin forfeiture proceedings sooner than the date specified in the notice;
- Make an offer in compromise, under 19 USC § 1617, to settle the case;
- Or file a claim and cost bond to initiate immediate referral to the U.S. Attorney for the institution of judicial forfeiture.
If you choose to do nothing, the government will then begin forfeiture proceedings by publishing a notice in a newspaper on the date specified in the notice.
An asset forfeiture attorney can represent you and file a claim on your behalf to directly negotiate with the U.S. Attorney’s office.
Speak to a trustworthy, experienced CBP asset seizure attorney today! We are San Diego Defenders – Forfeiture Law Firm and offer free, confidential consultations.
Call us at (619) 258-8888. Se habla Español.
You can also fill out our free consultation intake form.
Although we are located in San Diego County here in Chula Vista, California, we can help you with any property in any of the 50 states!
