FBI Seizures and Forfeitures
In civil asset forfeiture cases, the Federal Bureau of Investigation (FBI) might seize U.S. currency, cryptocurrency, cashiers’ checks, money orders, gold or other precious metals, bank accounts, vehicles, vessels, or aircraft. After the FBI seizure, the seizing agent might provide a receipt on Form FD-597 (Rev. 4-13-2015).
Within 60 days of the seizure, the FBI must send a personal “notice of seizure” letter to any potential claimant, explaining:
- why the property was seized for forfeiture;
- the specific violation of federal law being alleged;
- an explanation of how to file a verified complaint; and
- the deadline to file the claim.
If you never received a personal “notice of seizure” letter in the mail, the deadline to file the claim will be published in the “notice of seizure” posted on the forfeiture.gov website.
The notice of seizure also explains alternative options to file a petition for remission or mitigation with an offer in compromise. Talk to an attorney about the benefits of filing a claim instead of a petition. Filing the verified claim is the ONLY way to contest the legality of the initial detention or seizure. If you don’t file a verified claim, you are essentially stipulating to the legality of the seizure and the FBI’s right to take the property in the civil asset forfeiture proceedings.
The FBI rarely grants petitions for remission or mitigation. After a long delay, most petitions are ultimately denied with a form letter.
Instead of letting the FBI decide what happens with the money or other seized property, hire an experienced civil asset forfeiture attorney to file a verified claim for court action. Filing the verified claim triggers a 90-day deadline for the Assistant United States Attorney (AUSA) to either return the money or file a complaint for forfeiture in the U.S. District Court.
Attorney for Filing a Claim after an FBI Seizure
You can hire an attorney at Sammis Law Firm to help you contest the forfeiture of the property seized by the FBI. The claim can be filed immediately after the seizure or within the time period listed in your personal “notice of seizure” letter from the FBI.
In some cases, your verified claim can be filed within 30 days after the date of the final publication of the notice of seizure, but only if you never received the personal notice letter.
The verified claim is filed with the Forfeiture Paralegal Specialist of the nearest FBI Field Office. Your attorney will help you file the claim, describe the seized property, explain your ownership or other interest, and list your Asset ID Number.
The claim must be made under oath that is subject to the penalty of perjury or otherwise meets the requirements of an unsworn statement under penalty of perjury as provided in 18 U.S.C. Section 983(a)(2)(C) and 28 U.S.C. Section 1746.
If the FBI seized your U.S. Currency at the airport, contact attorney Leslie Sammis about the best way to get the money back quickly. We can help you file a verified claim. If the seizure created a hardship, we can demand the release of the seized property during the pendency of forfeiture proceedings under the specific conditions explained in 18 U.S.C. Section 983(f).
Call 813-250-0500.
Filing a Claim with the FBI
The laws and procedures applicable to the forfeiture process are found at 19 U.S.C. Sections 1602 – 1619, 18 U.S.C. Section 983, and 28 C.F.R. Parts 8 and 9. The forfeiture authority listed in the FBI’s letter often references 18 USC 981(a)(1)(C), which prohibits “specified unlawful activity,” including drug crimes, money laundering, or fraud.
When submitting a verified claim for court action, the paperwork must be submitted to the local FBI Field Office and the attention of the Forfeiture Paralegal Specialist. The FBI field office locations and telephone numbers can be found at www.fbi.gov/contact-us/field. The documentation submitted should reference the Asset ID Number.
When claiming a hardship because of the FBI seizure of property, the claimant must establish the following:
- the possessory interest in the property;
- the claimant’s sufficient ties to the community to assure that the property will be available at the time of trial; and
- a showing that the government’s continued possession will cause substantial hardship to the claimant.
The hardship provisions are found in 18 U.S.C. Section 983(f) and 28 C.F.R. Section 8.15. Some types of assets are not eligible for hardship release.
Read more about how to file a claim for court action in a federal civil asset forfeiture case.
Does the FBI Seize Money at the Airport for Forfeiture?
When it comes to money seizures at the airport, most involve agents with the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), Customs and Border Patrol (CBP), or the Federal Bureau of Investigations (FBI).
The FBI might take the lead in seizing U.S. Currency at the airport. After the seizure, the federal agency will issue a paper receipt that might reference forfeiture pursuant to 21 U.S.C. 881. The FBI’s asset forfeiture section has a team of attorneys and paralegal specialists working on ways to keep you separated from your money or other valuable property.
Role of the FBI’s Forfeiture Paralegal Specialist
The FBI’s Forfeiture Paralegal Specialist evaluates forfeiture cases and helps prepare them for litigation. During the evaluation, the Paralegal Specialist will determine the identity of any person requiring legal notice by obtaining documents, records, or testimony.
The Forfeiture Paralegal Specialist prepares legal notices for publication and performs administrative activities associated with the seizure, storage, and disposal of forfeitable and abandoned property. The Specialist also maintains contact with attorneys representing petitioners and defendants.
The FBI considers forfeiture to be an effective law enforcement tool. Forfeiture helps the FBI disrupt criminal organizations. Unfortunately, innocent people can get caught up in the process. An experienced attorney can help you fight to regain seized property during a civil asset forfeiture proceeding.
When the money or property is returned to the petitioner, the Forfeiture Paralegal Specialist for the FBI prepares the closing paperwork. Sometimes, you might be asked to sign the Unified Financial Management System (UFMS) Vendor Request Form. You might also be asked to sign an indemnity agreement which provides:
FEDERAL BUREAU OF INVESTIGATION
FORFEITURE SETTLEMENT INDEMNITY AGREEMENT
This agreement is made between _________________________ (Title and Firm Name, if applicable) (Address) and the Federal Bureau of Investigation (FBI) of the United States Department of Justice. This agreement is made in consideration of the return of a ____________(Description of Property) registered to/owned by __________________ which was seized in the course of a criminal or civil investigation and for other consideration, the receipt of which is hereby acknowledged.
It is hereby agreed to unconditionally release and hold harmless the Federal Bureau of Investigation, its officers, employees and Agents, from any and all claims, demands, damages, causes of actions or suits, or whatever kind and description, and wheresoever situated, that might now exist or hereafter exist by reason of or growing out of affecting or indirectly, the seizure or the return of the above described property.
Executed this _______ day of ____________________, 2024.
_______________________________
Witness Signature and Date of Person Executing
_______________________________
Witness Signature of Supervisory Special Agent
_______________________________
Signature of Paralegal Specialist
BURÓ FEDERAL DE INVESTIGACIONES
ACUERDO DE INDEMNIZACIÓN
Este es un acuerdo entre __________________(Título y nombre de la firma, si aplica) (Dirección) y el Buró Federal de Investigaciones del Departamento de Justicia de los Estados Unidos. Este acuerdo es en consideración por la devolución de ___________________________ (Descripción de la propiedad) registrado a nombre de/que pertenece a________________, el cual fue incautado en el transcurso de una investigación criminal o civil y por alguna otra consideración, y el cual por la presente se acusa su recibo. _______________________________(Firma o persona involucrada) siendo la/el _________________________________________ de la propiedad, como evidencia la copia de ____________________________ con fecha de __________________. (Título, registro, contacto, nota, etc.)
Por la presente se acuerda liberar incondicionalmente y eximir de responsabilidad al Buró Federal de Investigaciones, sus oficiales, empleados y Agentes, de cualquier y todo tipo de reclamos, demandas, daños, causa para acciones o demandas, de cualquier tipo y descripción, en cualquier lugar, que exista actualmente o en el futuro por causa de, o que resulte de, ya sea de manera indirecta, como resultado de la confiscación o devolución de la propiedad descrita anteriormente.
Otorgado el ___ de ___________ del 2024.
_____________________________
Testigo Firma de la persona que lo otorga y la fecha
_____________________________
Testigo Firma del Agente Especial Supervisor
_____________________________
Firma de la Especialista Paralegal
Additional Resources
FBI Legal Notices for Abandoned Property – The FBI publishes a list of legal notices concerning all abandoned or unclaimed property in the custody of the FBI. The description of the property shows its location and the FBI office that has custody of the property. An attorney can help you file a claim for the property pursuant to Title 41, Code of Federal Regulations, Section 128-48. When submitting documentation, please reference the Asset ID Number. Submit all documents to the nearest FBI Field Office, Attention: Forfeiture Paralegal Specialist. The FBI locations and telephone numbers can be found at www.fbi.gov. The deadline to file the claim is 30 days from the date the property was first published in this notice. If a claim is not filed within that time period, then the title to the property will vest in the United States.
FBI on Asset Forfeiture – Visit the FBI website to find the answers to frequently asked questions, including: What is asset forfeiture? Why does the FBI use asset forfeiture? What types of property are most often subject to forfeiture? What is the difference between administrative forfeiture and civil judicial forfeiture? Learn more about civil judicial forfeiture cases referred to as an in rem (against the property) action when no arrest or conviction occurs. In civil judicial forfeiture for property seized by an FBI agent, an individual has the right to contest the seizure through trial proceedings. Find several examples of forfeiture actions and how they proceeded through the system.
Wiki on Federal Bureau of Investigation – The Federal Bureau of Investigation (FBI) serves s the main federal law enforcement agency in the United States which is responsible for U.S. counter-terrorism efforts, criminal investigations services, and domestic intelligence. As a member of the U.S. Intelligence Community operating under the Department of Justice, the FBI reports to the Director of National Intelligence and the Attorney General of the United States.
This article was last updated on Friday, September 11, 2024.