How Can an HSI Asset Forfeiture Lawyer Help Get My Property Back?

When Homeland Security Investigations (HSI) seized our previous clients’ property, they shared feeling stressed, confused, and unsure of what to do next.

Even if there are no criminal charges, Federal agencies, such as HSI, hold the power to seize assets they believe are connected to criminal activity. But you have rights, and a knowledgeable HSI asset forfeiture lawyer can help you fight back.

At San Diego Defenders – Forfeiture Law Firm, we understand the urgency and complexity of these cases. Click here for answers to general FAQs about HSI asset forfeiture.

Attorney Dan Smith is an experienced HSI asset forfeiture lawyer with 35 years of experience in federal defense who can help you get your seized cash, car, truck, cryptocurrency, or other property returned as quickly as possible.

Here’s How an HSI Asset Forfeiture Lawyer Can Help:

An Attorney Can File a Claim For You
Case Result: Dallas-Fort Worth HSI Airport Cash Seizure

An Attorney Can File a Claim For You

After HSI 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 an Election of Proceedings Form that outlines four options for you to proceed with:

File a petition for relief. This comes with a waiver of immediate institution of forfeiture proceedings.
1. We recommend against filing a petition on your own.
  1. When you file a petition, there is no limit to how long it will take CBP to respond to you. It is indefinite. Your petition can sit on a CBP officer’s desk for months without a response.
  2. People also tend to include incriminating information under penalty of perjury in their petitions that jeopardize their ability to regain their property.
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.

Here is an example of what the Election of Proceedings Form will look like:

Here at San Diego Defenders – Forfeiture Law Firm, asset forfeiture attorney Daniel Smith can represent you and file a claim on your behalf to directly negotiate with the U.S. Attorney’s office.

It sounds frightening, but it puts a time limit on CBP to respond, while petitions and offers in compromise have no time limit to respond.

While HSI is not part of U.S. Customs and Border Protection, they work in tandem underneath the Department of Homeland Security (DHS).

Since both agencies are under DHS, the case will be handled by the appropriate U.S. Customs and Border Protection Fines, Penalties, and Forfeiture Office.

The claim must be filed within 35 days with U.S. Customs and Border Protection’s Fines, Penalties, and Forfeitures office.

It is essential not to wait until the last minute to file a claim.

The claim must be on the agency office’s desk ON the 35-day mark.

We cannot prepare and mail the claim on the 35th day, as it will not arrive on time. This will cause your vehicle or currency to be forfeited and lost to the federal government.

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.

Case Result: Dallas-Fort Worth HSI Airport Cash Seizure

HSI seized our previous client’s $19,935.00 worth of cash while traveling domestically through the Dallas-Fort Worth (DFW) Airport in Texas.

It is important to note that traveling with cash is not illegal.

However, if you are traveling internationally with over $10,000 worth of monetary instruments, you will need to file a FinCen 105 form. Click here for more information.

Like many others who have faced cash or other monetary instrument airport seizures, our client’s cash was innocently intended to purchase a vehicle.

However, an airport drug-sniffing dog alerted to the cash, which is common since virtually all U.S. currency in circulation contains enough drug residue to trigger a canine.

HSI alleged that the money was connected to human trafficking and drug activity, leading to forfeiture proceedings under 18 USC 981(a)(1)(A), 18 USC 1956(c)(7)(A), 18 USC 1961(1)(D), and 21 USC 846 (Conspiracy to Commit Violation).

Attorney Dan Smith filed a claim under option #4 (Court Action) outlined in the Election of Proceedings within the 35-day submission deadline and successfully secured the return of our client’s cash.

Experienced HSI asset forfeiture attorneys help navigate this process and negotiate lawyer-to-lawyer with AUSAs on your behalf.

Contact San Diego Defenders – Forfeiture Law Firm Today!

If HSI has seized your property, don’t wait.

We offer free, confidential consultations to discuss your case.

Attorney Dan Smith is an experienced HSI asset forfeiture attorney who will explain the legal process and answer any questions or concerns you may have.

📞 Call us at (619) 258-8888. Se habla Español.

You can also fill out our free consultation intake form.

Although we are based in Chula Vista, California, we assist clients nationwide in Florida, Vermont, Washington, Texas, Arizona, Michigan, and the other 50 states!

Attorney Dan Smith has 35 years of experience in federal defense and extensive experience in asset forfeiture cases. Check out our recent results here!