CBP’s Notice of Seizure at the Airport

After a seizure of U.S. Currency by an agent with Homeland Security Investigations (HSI) or Customs and Border Protection (CBP), you should receive a receipt showing what was seized. The receipt might say “unknown” or “undisclosed” amount of U.S. Currency.

Within 60 days of the seizure, CBP is required to mail you a four page letter (known as “ATT 8-B: Revised October 2023”). You will also received a CAFRA Election of Proceedings and a CAFRA Seized Asset Claim Form. The notice of seizure and information to claimants letter is signed by the local Fines, Penalties and Forfeitures Officer.

Attorney for CBP’s Notice of Seizure at the Airport

If you received a four page letter from CBP’s signed by the local Fines, Penalties and Forfeitures Officer, known as the “notice of seizure,” contact an attorney at Sammis Law Firm. Attorney Jason Sammis and Leslie Sammis have been fighting airport seizures of U.S. Currency and other valuable property for more than 10 years.

We can explain why filing a petition for remission or mitigation might cause a long delay that results in a form letter being mailed nine (9) months later that denies any relief.

If you received a letter denying your petition for remission or mitigation (even through the letter does not tell you this), you might still have time. For example, if you go back to the notice of seizure letter, it provides:

• If you choose to file an administrative petition and are dissatisfied with CBP’s decision regarding your petition (initial or supplemental), you will have an additional 60 days from the date of the initial petition decision, or 60 days from the date of the supplemental petition decision, or such other time as specified by the Fines, Penalties and Forfeitures Officer to file a claim to the property requesting a referral to the U.S. Attorney for judicial action.

Contact an experienced civil asset forfeiture attorney at Sammis Law Firm to find out if you can still submit a verified claim for court action. The deadlines for submitting the verified claim for court action are unforgiving so act quickly.

Call 813-250-0500.

CBP’s Notice of Seizure and Information to Claimants CAFRA Form

CBP’s notice of seizure and information to claimants CAFRA form provides:

CBP’s NOTICE OF SEIZURE AND INFORMATION TO CLAIMANTS

CAFRA FORM

CERTIFIED RETURN RECEIPT REQUESTED USPS –

Re: Case Number: 2025XXXXXXXXXXXX

Dear Sir/Madam:

This letter is to notify you that U.S. Customs and Border Protection (CBP) seized the property described below at the _________ International Airport in [city, state] on [date] which is described as: [description of property US CURRENCY]. The appraised domestic value of the property is $_______.

The property was seized and is subject to forfeiture under the provisions of:

• 31 USC 5317(c)(2), 31 USC 5316(a)(1)(A) – Facilitating Failure/Inaccurate Report of Over $10,000 Into the U.S.
• 31 USC 5316(a)(1)(B) – Failure/Inaccurate Report of Over $10,000 Into the U.S.
• 31 USC 5332(c), 31 USC 5332(a) – Concealed Bulk Cash/Import 31 USC 5317(c)(2)

The facts available to CBP indicate that you have an interest in the seized property taken at the airport before an international flight. The purpose of this letter is to advise you of the options available to you concerning this seizure. Two important documents are enclosed with this letter:

• an “Election of Proceedings” form; and
• a “Seized Asset Claim” form.

You must choose ONE of the four options outlined below, indicate your choice on the “Election of Proceedings” form by checking the appropriate box, and return that form, along with any other necessary documents, to CBP within the allotted time frame. Should you choose to abandon the property that was seized from you at the airport, please still complete the “Election of Proceedings” form and return it to CBP.

A Notice of Seizure and Intent to Forfeit has also been published on www.forfeiture.gov and, if appropriate, in a conspicuous place accessible to the public at the customhouse or Border Patrol sector office nearest the place of seizure on approximately the date of this letter.

Your options are as follows:

1. PETITION (BOX 1):
   • You may file a petition with this office within 30 days from the date of letter in accordance with Title 19, United States Code (U.S.C.), Section 1618 and Title 19, Code of Federal Regulations (C.F.R.), Sections 171.1 and 171.2 (19 C.F.R. §§ 171.1, 171.2), seeking the remission or mitigation of the forfeiture, in other words, the return of some or all of your property.
   • The petition does not need to be in any specific form, but it must describe the property involved, identify the date and place of the seizure, include all the facts and circumstances which you believe warrant the return of your property and must include proof of your interest in or claim to the property.
   • The petition and any attachments may be submitted in paper at the address of the Fines, Penalties, and Forfeitures Office appearing on this form or it may be submitted electronically (including any attachments) through the following url: https://epet.cbp.dhs.gov/.
   • Examples of proof of interest include, but are not limited to the following:
     • a car title,
     • a loan agreement, or
     • other documentation showing the source of funds.
   • If you choose this option, you must check BOX 1 on the “Election of Proceedings” form.
     • That box provides: “I REQUEST TНАТ СВР CONSIDER MY PETITION ADMINISTRATIVELY.”
       • My petition is attached, and I understand that it needs to be filed within 30 days from the date the Notice of Seizure.
       • By making this request, I understand that I can request, in writing, that my case be referred to the U.S. Attorney’s Office for judicial action at any time prior to the completion of the CBP administrative forfeiture proceedings or as set forth in the Notice of Seizure.
       • If I file a complete “Seized Asset Claim” form or other claim consistent with the requirements of 18 U.S.C. § 983(a)(2)(C), at any time, CBP will consider my petition withdrawn and CBP will refer the matter to the U.S. Attorney’s Office for judicial action.
   • By completing BOX 1 on the “Election of Proceedings” form, you are requesting that CBP review your petition and decide whether to accept your petition, in full or in part, or deny your petition altogether.
   • You are also requesting that CBP halt any forfeiture proceedings after publication of the notice of seizure, if they have already commenced.
   • At any point prior to CBP issuing its decision on your petition, you may request a referral to the U. S. Attorney’s Office for judicial action.
   • Please see option 4 of this letter for more information on how to request judicial action.
   • If you request judicial action after filing a petition for relief, СВР will not take further action on your petition and will treat it as withdrawn.
   • If upon receipt of your petition, CBP has already referred the matter to the U.S. Attorney’s Office for judicial action, your petition will be forwarded to that U.S. Attorney’s Office for consideration.
   • If you choose to file an administrative petition and are dissatisfied with CBP’s decision regarding your petition (initial or supplemental), you will have an additional 60 days from the date of the initial petition decision, or 60 days from the date of the supplemental petition decision, or such other time as specified by the Fines, Penalties and Forfeitures Officer to file a claim to the property requesting a referral to the U.S. Attorney for judicial action.
   • Please see option 4 of this letter for information on how to request judicial action.
   • If you do not act within these time frames, CBP may forfeit the property to the United States, as authorized by law.
2. OFFER IN COMPROMISE (BOX 2):
   • Within 30 days, you may file an offer in compromise in accordance with 19 U.S.C. § 1617 and 19 C.F.R. §§ 161.5, 171.31.
   • The offer must specifically state that you are making it under the provisions of 19 U.S.C. § 1617.
   • If you are offering money in settlement of the case, you must include payment (bank draft, cashier’s check or certified check, drawn on a U.S. financial institution, and made payable to CBP) in the amount of your offer.
   • Any money submitted will be returned to you if your offer is rejected.
   • This option may serve to delay the case. If you choose this option, you must check BOX 2 on the “Election of Proceedings” form.
     • BOX 2 provides:
       • I REQUEST THAT CBP CONSIDER MY OFFER IN COMPROMISE ADMINISTRATIVELY.
       • My offer is attached.
       • By making this request, I understand that I can request, in writing, that my case be referred to the U.S. Attorney’s Office for judicial action at any time prior to the completion of the CBP-administrative forfeiture proceedings or as set forth in the Notice of Seizure.
       • If I choose to wait for a decision from CBP on my offer, my deadline for filing a claim is 30 days from the date of the decision letter.
       • If I file a complete “Seized Asset Claim” form or other claim consistent with the requirements of 18 U.S.C. § 983(a)(2)(C), CBP will consider my offer withdrawn and CBP will refer the matter to the U.S. Attorney for judicial action.
   • If you choose to submit an offer in compromise and are dissatisfied with CBP’s decision, you will have an additional 30 days from the date of that decision to file a claim requesting a referral to the U.S. Attorney for judicial action.
   • Please see option 4 of this letter for information on how to request judicial action. If you do not act within the 30 days, CBP may forfeit the property to the United States, as authorized by law.
   • At any point prior to the issuance of CBP’s decision on your offer, you may also request that CBP refer the matter to the U.S. Attorney’s Office for judicial action.
   • If you take such action, CBP will consider your offer to be withdrawn. If CBP has already referred the matter to the U.S. Attorney’s Office for judicial action and subsequently receives your offer, CBP will forward your offer to that U.S. Attorney’s Office for consideration as appropriate.
3. ABANDON (BOX 3):
   • You may choose to abandon the property or state that you have no claim to or interest in it.
   • If you choose this option, please check BOX 3 on the “Election of Proceedings” form.
     • BOX 3 provides:
       • I ABANDON ANY CLAIM OR INTEREST I MAY HAVE IN THE PROPERTY.
       • I understand that no additional notice about future proceedings concerning the property will be provided to me.
   • The Government may proceed with forfeiture proceedings or address claims from other parties concerning the property, without further involving you.
4. JUDICIAL ACTION (BOX 4):
   • You may request that CBP refer this matter to the U.S. Attorney’s Office, for the commencement of a judicial forfeiture proceeding against the property in federal court pursuant to 18 U.S.C. § 983(a)(3).
   • If you choose this option, you should check BOX 4 on the “Election of Proceedings” form, and fully complete the enclosed “Seized Asset Claim” form or otherwise submit a complete judicial claim as required by 18 U.S.C. § 983(a)(2) (C).
     • BOX 4 provides:
       • I AM FILING A CLAIM AND REQUESTING THAT CBP REFER THE CASE FOR JUDICIAL ACTION.
       • Please send the case to the U.S. Attorney’s Office for judicial forfeiture proceedings. I have fully completed, signed and attached a “Seized Asset Claim” form.
       • I understand that if I have not fully completed this form, or otherwise made a proper claim and request for judicial forfeiture pursuant to 18 U.S.C. § 983(a)(2)(C) within 35 days after the date the notice of seizure, CBP will treat any submission as a petition for relief without the ability to seek future judicial forfeiture proceedings.
   • Your claim must be received by the Fines, Penalties and Forfeitures Officer listed below by [at date within 35 days of the date on the letter].
   • If anyone asserting an interest in the property requests judicial action, the matter will be referred to the U.S. Attorney’s Office pursuant to Title 18, U.S.C., Section 983(a)(3) (18 U.S.C. § 983(a) (3)), even if a petition is pending.

The letter also explains the following:

• Take No Action:
  • If you choose to do nothing, CBP may seek to forfeit the property.
  • The first notice will be posted on approximately the date of this letter in the following manner:
    • For property appraised in excess of $5,000, CBP will post notice of seizure and intent to forfeit on the internet at www.forfeiture.gov for 30 consecutive days.
    • For property appraised at $5,000 or less, CBP will post a notice of seizure and intent to forfeit in a conspicuous place accessible to the public at the customhouse or Border Patrol sector office (where appropriate) nearest the place of seizure as well as on the internet at www.forfeiture.gov for 30 consecutive days.
• Release on Payment:
  • If the seized merchandise is not prohibited by law from entry into the United States, you may, within 30 days of this letter, request the immediate return of this merchandise.
  • This request must be accompanied by a bank draft, cashier’s check or certified check, drawn on a U.S. financial institution, and made payable to CBP or an irrevocable letter of credit equal to the full or appraised value of the seized merchandise in accordance with 19 U.S.C. § 1614 and 19 C.F.R. § 162.44.
  • If CBP accepts your offer to substitute release of the seized property on payment, the property will be immediately released, and the payment or letter of credit will be substituted for the seized property.
  • You may still submit a petition, offer in compromise, or request that the matter be referred to the U. S. Attorney’s Office for judicial action and you must still check the appropriate box on the “Election of Proceedings” form.
  • The decision letter on your offer to substitute payment for the seized property will provide you with the deadlines for those options.
  • If CBP has already referred the matter to the U.S. Attorney’s Office for judicial action and CBР subsequently receives your offer to substitute, CBP will forward your offer to that U.S. Attorney’s Office for consideration.
• Holder of a Lien or Security Interest:
  • If you are a holder of a lien or security interest, you may choose any of the above enumerated options.
  • If you are seeking administrative relief through the filing of a petition or offer, please consider submitting one of the following:
    • an agreement to hold the United States, its officers and employees harmless; and
    • a release from the registered owner and/or from whom the property was seized.
  •  All accompanying documents must be in the English language or accompanied by an English language translation and submitted in duplicate. No matter which box you check on the “Election of Proceedings” form, you should sign, date and return the form, along with any petition, offer in compromise, or request for judicial action, if those documents are necessary to support the option you choose.
  • A “Seized Asset Claim”form should only be completed, signed, and returned if you choose option 4 and make a claim and ask for the case to be referred for judicial action (see option 4 above for more information).
• Important:
  • If the “Election of Proceedings” and “Seized Asset Claim” forms are not enclosed with this letter, please promptly call the telephone number below.
  • All correspondence should be addressed to U.S. Customs and Border Protection, FPF OFFICE, [the location of the FPF Office is listed in the notice].
  • If further information is required, contact ______ at Fines, Penalties and Forfeitures Office at [local phone number of the CBP office].

Sincerely,

______

Fines, Penalties and Forfeitures Officer

Enclosures:

CAFRA Election of Proceedings

CAFRA Seized Asset Claim Form

A FALSE STATEMENT OR CLAIM MAY SUBJECT A PERSON TO PROSECUTION UNDER 18 U.S.C. § 1001 AND/OR 18 U.S.C. § 1621, AND MAY BE PUNISHABLE BY A FINE AND IMPRISONMENT

This article was last updated on November 8, 2025.