Sample Petition for Mitigation or Remission

Petitions for Mitigation or Remission for return of seized property are rarely successful. After a long delay, most petitions result in a form letter that explains why the government will keep all of the money, and none will be returned.

Before considering an administrative procedure for remission or mitigation, contact an experienced civil asset forfeiture attorney at Sammis Law Firm.

Our civil asset forfeiture attorneys can explain the problems with petitions for remission or mitigation. We can explain why filing a verified claim for court action might be a far better alternative.

The civil asset forfeiture attorneys at Sammis Law Firm represent the property owner, innocent owner, lienholder, or judgment creditor.

Strict deadlines apply, so act quickly. Before you decide how to respond, call 813-250-0500.

This is a sample petition for mitigation or remission form used by the United States Secret Service (USSS), but the same type of sample form can be used for other federal agencies that seize U.S. Currency and property including Customs and Border Protection (CBP), Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), Federal Bureau of Investigations (FBI), and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

PETITION FOR REMISSION/MITIGATION

Petitioner: __________________________

CASE NUMBER: _____________________

SEIZURE NUMBER: __________________

Street Address: ______________________

City: _____________________________

State: ____________________________

Contact: __________________________

Telephone: ________________________

Email Address: _____________________

Fax: ____________________________

Petitioner does not contest the forfeiture but agrees with the United States Secret Service (USSS) that property seized in the referenced case is subject to forfeiture by the U.S. government. In filing this Petition, Petitioner submits to an administrative (i.e., non-judicial) process, whereby the Secret Service has the authority to consider and determine Petitioner’s interest, if any, in the property seized.

Where a valid interest is established, seized property and/or the value thereof may, depending upon the status of the property and/or forfeiture, be remitted or returned to Petitioner, less applicable costs and expenses. Where mitigation is recommended, monetary penalties may also be imposed.

1. Please indicate your status in filing this Petition: (check the appropriate box)

___ Petitioner is an OWNER or LIENHOLDER. With respect to a property interest in existence at the time the illegal conduct giving rise to forfeiture took place, an OWNER or LIENHOLDER must establish:

• • a. a legally cognizable property interest in seized property; and
  • b. no knowledge of the conduct giving rise to the forfeiture; or
  • c. upon learning of conduct giving rise to forfeiture, Petitioner did all that reasonably could be expected under the circumstances to terminate such use of the property.

___Petitioner is a BONAFIDE PURCHASER or SELLER FOR VALUE. With respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place, a BONAFIDE PURCHASER or SELLER FOR VALUE must establish:

• a. a legally cognizable property interest in seized property;
• b. at the time the property interest was acquired, the Petitioner was a BONAFIDE PURCHASER or SELLER FOR VALUE; and
• c. the Petitioner did not know and was reasonably without cause to believe that the property was subject to forfeiture.

___Petitioner is a VICTIM of fraud. A Petitioner who cannot establish a proper interest in the seized property may obtain remission or mitigation of the forfeiture as a VICTIM if the Petitioner can establish:

• a. It was a VICTIM of the offense giving rise to the forfeiture action;
• b. Petitioner had no knowledge of, or was not willfully blind to, the violation(s) giving rise to the forfeiture action; and
• c. Petitioner did all that reasonably could be expected under the circumstances to prevent the activity giving rise to the forfeiture or the illegal use of the property.

2. Petitioner must identify property in which an interest is claimed, in whole or in part, by the relevant asset number(s) and/or property description:

(Please refer to the original letter of notice for a complete listing of property seized in this case, any asset identification number and/or property description).

Please check this box, if you claim an interest in all assets in this Seizure. Otherwise, indicate the specific asset(s) of interest below. Use additional pages, as necessary.

ASSET NUMBER: _____________________________________________

PROPERTY DESCRIPTION: _____________________________________________

ASSET NUMBER: _____________________________________________

PROPERTY DESCRIPTION: _____________________________________________

3. Petitioner must specify its particular interest in the asset(s) seized and/or indicate its loss in the referenced case: _______________________________________________________________

4. Please detail the facts and circumstances surrounding your loss, and attach documentation (i.e., Affidavits; Certificates of Title, financing statements; loan documents; credit applications; contracts; bill of sale; invoices; mortgages; purchase orders; transaction records; checks; receipts; credit card statements; liens; correspondence; account information; etc.), which:

• (a) supports your interest in seized property;
• (b) shows proof of your status as an owner/lienholder, or bonafide purchaser/seller, or victim;
• (c) provides sufficient evidence of, and a connection between, your loss and the fraud committed;
• (d) or, otherwise supports remission or mitigation of asset(s). (Attach additional pages, if necessary). _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________

___Please check this box if supporting documentation is attached to this Petition.

ON THIS ____ DAY OF __________, 20____, I DECLARE, UNDER PENALTY OF PERJURY, THAT I HAVE PERSONAL KNOWLEDGE OF THE MATTERS REFERRED TO IN THIS PETITION FOR REMISSION OR MITIGATION, AND BASED UPON MY KNOWLEDGE AND BELIEF, THE FOREGOING IS TRUE AND CORRECT.

__________________________________________________(company name, if applicable)

By: ______________________________________________(signature) ______________________________________________(printed name) per form 3A

This article was last updated on Wednesday, September 11, 2024.