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  1. #1
    Join Date
    Aug 2011

    Default Money in Mail Was Confiscated

    My question involves criminal law for the state of: Michigan.

    I was unsure of where to post this thread, so I am sorry ahead of time if this is the wrong section.

    I recently sent $6900 USD internationally via fedex to a friend in the Netherlands. From what I was told it is okay to send under $10,000 in mail. So I thought it would be okay to do.

    Turns out I was wrong. I received a letter in the mail from the U.S. Customs saying that my money was seized.

    They give me the option of submitting a petition for the "remission of this forfeiture".

    My question is, what would happen if I submit a petition? Would I have to go to court? I do not have any documented proof of where that money came from, "example: bank withdraw, etc". The most I can say in my defense is that the money is what I owe a friend from a long time ago.

    Also, am I in danger of being put on the terrorist "no-fly" list, am I in danger for anything else?

    I typed up the important parts of the letter which I will post below


    The appraised domestic value of the property is: $6,900

    The property was seized and is subject to forfeiture under the provisions of title 19, blah blah blah...

    The currency was being smuggled outside the United States and was a structuring violation.

    Your options are as follows:

    1. You may file a petition with this office for the remission of forfeiture within 30 days. 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 of the facts and circumstances which you believe warrant relief from forfeiture and must include proof of your interest in or claim to the property.

    By completing Box 1, your are requesting administrative processing. Your are requesting CBP not to begin forfeiture proceedings while your petition is pending. However, if the matter has been referred to the United States Attorney for the institution of judicial forfeiture proccedings, your petitions will be forwarded to the United States Attorney.

    If you request a referral to the US Attorney, or if another person is asserting an interest in the same property chooses a referral to the US Attorney, the matter will be refferred to the US Attorney who will have the authority to file a forfeiture action against the property in federal court pursuant to 18 U.S.C. 983(a)(3).

    4. You may abandon the property or state that you have no interest in it. If you choose this option, you should check Box 2 on the Election of Proceedings form. The Government may proceed with forfeiture proceedings, or address claims from other parties concerning the property, without further involving you.

  2. #2

    Default Re: Money in Mail Was Confiscated

    The most I can say in my defense is that the money is what I owe a friend from a long time ago.
    The government cares little about what the money is FOR...they want to know where it CAME FROM (and the IRS will be interested to know if it was properly accounted for and if applicable, taxed).

    The property was seized and is subject to forfeiture under the provisions of title 19, blah blah blah...
    The blah blah blah is VERY important. What's the ENTIRE code quoted in the letter they sent you? THAT is how we'll tell under what authority it was seized, etc. There are several sections of USC that address money smuggling or laundering, 18, 19, 21 and 31 are the first that spring to mind but the EXACT Chapter, section/subsection are needed for any pertinent examination.

    If the feds feel that the seized funds were at the "placement" stage of a money laundering scheme or ANY other violation of the Bank Secrecy Act, you're going to need an attorney.

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