What Can I Do About a U.S. Customs and Border Protection Notice of Penalty $5,000 Fine? Understanding “Notice of Penalty 19 USC 1618 and 19 USC 1623”
Receiving a U.S. Customs and Border Protection (CBP) Notice of Penalty for $5,000 can be alarming, particularly when you were simply returning to the United States after a trip to Mexico.
At San Diego Defenders / Forfeiture Law Firm, we regularly hear from drivers who have been stopped at Southern California ports of entry, including San Ysidro, Otay Mesa and Calexico, after CBP officers allegedly discover one or more undocumented individuals concealed in a trunk, cargo area or other part of a vehicle.
If you have received a CBP Notice of Penalty, it’s important to understand that you may have options. Do not simply assume that the $5,000 amount on the notice is the amount you will ultimately have to pay.
Why Did CBP Issue a $5,000 Penalty?
Federal customs law imposes civil penalties for certain violations involving the arrival and reporting of vehicles at U.S. ports of entry. Under 19 U.S.C. § 1436, a person in charge of a vehicle who commits a qualifying violation can face a $5,000 civil penalty for a first violation and $10,000 for subsequent violations. The statute also provides for possible seizure and forfeiture of a conveyance used in connection with a qualifying violation.
In cases involving concealed individuals, CBP may allege that the driver failed to comply with federal requirements concerning the reporting and presentation of persons arriving in the United States. The exact legal basis for the penalty, however, depends on the allegations contained in the CBP notice and the circumstances of the individual case.
For many drivers, the critical issue is what they knew, or did not know, about the person allegedly concealed in the vehicle.
A driver may tell us that they had no knowledge that anyone was in the trunk, cargo area or another concealed location. Others may have been given a vehicle by a friend or family member and had no reason to believe that someone was being transported across the border.
Those facts can be important when responding to a CBP penalty.
Is the $5,000 Fine Final?
Not necessarily.
A Notice of Penalty is not something that should simply be ignored, but receiving a $5,000 notice does not necessarily mean that you should immediately pay the entire amount without first determining whether the penalty can be challenged, mitigated, reduced or otherwise resolved.
The appropriate response depends on the specific notice, the statutory provision cited by CBP, the circumstances surrounding the border inspection and other facts relating to the vehicle and driver.
This is where experienced legal assistance can be particularly valuable.
Can a CBP Penalty Be Reduced?
In appropriate cases, a penalty may be subject to mitigation or other administrative resolution. The possibility of obtaining a reduction depends on the circumstances and the applicable CBP procedures.
San Diego Defenders / Forfeiture Law Firm has represented individuals facing CBP penalties arising from border-crossing incidents and has helped clients seek significant reductions of assessed penalties.
Because every case is different, we recommend having the actual Notice of Penalty reviewed before making decisions about payment or how to respond.
Don’t Ignore Your CBP Notice
If you have received a $5,000 CBP penalty after crossing into the United States, pay close attention to the deadlines and instructions contained in your notice.
Ignoring the matter can leave you with fewer options and potentially expose you to additional collection or enforcement consequences.
Before paying the full amount, contact San Diego Defenders / Forfeiture Law Firm to discuss your situation. We can review the notice, explain the nature of the penalty and discuss potential options for responding to CBP.
You may be able to reduce the financial impact of the penalty but the first step is understanding exactly what CBP is alleging and what options are available.
Call or email us for a FREE, CONFIDENTIAL consultation.
