Skip to main content

Will i receive a forfeiture notice soon?

Boulder, CO |
Filed under: Real estate

a few months ago i had a postal inspector come to my door to ask about a package containing 12 grand. He did not tell me he was a federal postal inspector until i signed for the package(which was addressed to me) . After i signed he pulled out the badge and told me that they are going to forfeit the money and they see this a lot. He said that this kind of thing happens in CO through the mail because of people sending marijuana. He told me that he just wanted to ask a few questions to make sure that it wasn't for over ten pounds or harder drugs which he named. He did not have a chance to ask me anything because i told him i would not talk without an attorney present. It has been almost two months and that is all that has happened. I have not received any kind of forfeiture notice.
Thanks

Attorney Answers 1

Posted

The answer to your question is "no," and if months have passed, it may be too late to assert a claim to the money. The reason is that according to the U.S. Department of Justice, administrative forfeiture is an in rem action that permits the federal seizing agency to forfeit the property without judicial involvement. The authority for a seizing agency to start an administrative forfeiture action is found in the Tariff Act of 1930, 19 U.S.C. § 1607. Property that can be administratively forfeited is: merchandise the importation of which is prohibited; 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. You can read more about criminal and civil asset forfeiture at the DOJ website. The posting of public notices regarding forfeitures may be seen at www.forfeiture.com. You should consult with an experienced federal crime and forfeiture attorney about your circumstances.

The information provided in this answer does not create an attorney-client relationship. If you are interested in a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.

Mark as helpful

1 found this helpful

1 lawyer agrees

4 comments

Asker

Posted

I have been looking at that government forfeiture site frequently and still do not see my name. Do all forfeitures go on this site? I know that it is not illegal to send any amount of cash; may be dumb but it is not illegal. Thanks.

Asker

Posted

There has been no federal crime, so i am a bit confused about why i would need to contact a criminal lawyer

Richard Waldron Bryans Jr.

Richard Waldron Bryans Jr.

Posted

A guy came to your door months ago with a package of money - $12k - you signed for it -- he pulled a badge and said he was a postal inspector and the money would be forfeited. Those are the only facts disclosed in your question. Did he tell you why? (You might not want to disclose that in an online forum like this one). From the DOJ website: Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture. For forfeitures pursuant to the Controlled Substances Act (CSA), Racketeer Influenced and Corrupt Organizations (RICO), as well as money laundering and obscenity statutes, there is an ancillary hearing for third parties to assert their interest in the property. Once the interests of third parties are addressed, the court issues a final forfeiture order. Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary. Administrative forfeiture is an in rem action that permits the federal seizing agency to forfeit the property without judicial involvement. The authority for a seizing agency to start an administrative forfeiture action is found in the Tariff Act of 1930, 19 U.S.C. § 1607. Property that can be administratively forfeited is: merchandise the importation of which is prohibited; 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. Now, since the federal government does not ordinarily confiscate people's cash for no reason, it can be reasonably inferred that the postal inspector (unless he was simply a thief lucky enough to meet you) thinks that money is the product of, or related to, some illegal activity, regardless of whether or not something illegal actually occurred, and regardless of whether or not they care to charge anyone. Forfeiture cases can be either civil or criminal in nature, as pointed out by the DOJ website. Furthermore, attorneys familiar with forfeiture cases are not necessarily limited in their knowledge about one kind to the exclusion of the other. Finally, www.forfeiture.gov is the only place the DOJ is required to post such forfeiture notices. There are time limits for filing of claims explained there. Seriously, you might really want to talk to an attorney about the problem.

Asker

Posted

Ok will do, thanks a lot

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics