Civil Forfeiture – Know Your Rights!

Routinely, individuals in the U.S. have property taken from them under “Asset Forfeiture” laws and are unaware of their rights.  Civil judicial forfeiture does not require a criminal conviction, and is a powerful legal tool used by law enforcement and Federal Agencies to seize property that is involved in a crime. Fines and forfeitures have become a key source of revenue, bringing in hundreds of millions of dollars each year.

The majority of federal forfeiture cases are uncontested when there is a related criminal case. Administrative forfeiture occurs when property is seized but no one files a claim to contest the seizure. Property that can be administratively forfeited includes merchandise prohibited from importation; a conveyance used to import, transport, or store a controlled substance; a monetary instrument; or other property that does not exceed $500,000 in value. Federal law imposes strict deadlines and notification requirements in the administrative forfeiture process. If the seizure is contested, then the U.S. government is required to use either criminal or civil judicial forfeiture proceedings to gain title to the property.

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CBP Sued Over Mandatory Hold Harmless Release Agreement

Did you know that when Customs and Border Protection (CBP) decides to release goods that were seized by CBP, it requires that you sign a Hold Harmless Release Agreement, as a prerequisite to receiving goods, which prevents you from filing suit against the government (for example for wrongfully detaining your goods)? Well this is a common practice among CBP and now a class action lawsuit is being brought against CBP for this practice.

How Did This Lawsuit Come About?

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U.S. Customs Seizures and Forfeitures are Unique

U.S. Customs and Border Protection (CBP) seizes and forfeits hundreds of millions of dollars of merchandise every year. The IRS, DEA, Postal Service, and other Federal agencies also have the legal authority to seized and forfeit merchandise that were allegedly used illegally or were proceeds of alleged illegal activity, but CBP administrative and judicial forfeiture proceedures are unique. The answer is that seizes by CBP typically are not included within the Civil Asset Forfeiture Reform Act of 2000 (CAFRA).

By |2010-09-06T20:32:26-04:00September 6, 2010|Seizures|8 Comments
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