Criminal Defense Case Results

On March 20, 2026, $36,315.00 was seized at a traffic stop by the Drug Enforcement Administration (DEA) agent(s) in Jackson County, Mississippi (also known as a “roadside interdiction”).

Local law enforcement officers alleged that our client was in violation of the illegal manufacture, distribution, or possession of a controlled substance pursuant to 21 U.S.C. 881 and the additional federal laws of 19 U.S.C. sections 1602-1619, 18 U.S.C. section 983 and 28 C.F.R. Parts 8 and 9. Those allegations were based on the fact that a large amount of cash was in the vehicle and other highly circumstantial evidence. 

DEA adopted the seizure and sent out a notice of seizure to our client. Attorney Leslie Sammis at Sammis Law Firm prepared a verified claim for court action that was filed with DEA within the 35-day deadline. Within a month of receiving the claim for court action, we were contact by an Assistant United States Attorney who explained that based on the information we provided and DEA’s investigation, the AUSA told DEA it would “decline” filing a complaint for forfeiture.

Once the AUSA declined, DEA was forced to immediately return 100% of the property back to the client. We received a letter from DEA on May 7, 2026, explaining their decision to return 100% of the property.

On November 9, 2020, we received a letter of “Judicial Forfeiture Declination” from Robert M. Del Toro, the Fines, Penalties & Forfeitures Officer with the Department of Homeland Security, U.S. Customs and Border Protection, Office Field Operations in Tampa, FL, regarding the seizure of more than $40,000.00 in U.S. Currency that U.S. Immigration and Customs Enforcement (ICE) seized in Brevard County, FL, after a routine traffic stop.

Immediately after the seizure, we filed a claim demanding court action and judicial referral. We also acted quickly to preserve video surveillance that showed problems with the way the money was seized. After a review of the matter, the Government decided to release the property instead of filing a complaint for forfeiture in the U.S. District Court.

On June 3, 2025, U.S. Customs Border Protection (CBP) seized $13,404.91 from claimant in Portal, North Dakota, at the border crossing station. CBP alleged that claimant violated 31 USC 5317(c)(2), 31 USC 5316(a)(1)(B) – Failure/Inaccurate Report of Over $10,000 Into the U.S. Claimant received a Notice of Seizure and Sammis Law Firm filed a claim for court action, along with the Election of Proceedings with CBP. After deliberations, CBP agreed to return $12,175.59 five months after the seizure occurred and the client agreed to forfeit the difference. 

Drug Enforcement Agency (DEA) seized $50,000.00 on May 27, 2025, from the residence of the claimant. DEA alleged that the forfeiture was initiated pursuant to 21 USC 881, the federal laws of 19 USC §§ 1602-1609, 18 USC § 983, and 28 CFR Parts 8 and 9. Claimant received a Notice of Seizure 30 days later, and Sammis Law Firm filed a claim for court action on behalf of the claimant 14 days later. After we presenting information about problems with the way the funds were seized, DEA returned the money approximately five (5) months after the seizure.

$65,722.00 was seized by the Drug Enforcement Agency (DEA) on February 20, 2025, at the claimant’s residence. DEA initiated the forfeiture proceedings alleging that claimant violated 21 USC 881 and additional federal laws of 19 USC §§ 1602-1619, 18 USC § 983 and 28 CFR Parts 8 and 9. Claimant received a Notice of Seizure and Sammis Law Firm filed a claim for court action on behalf of the claimant. After 5 months of negotiations, DEA agreed to return all of the money.

On January 30, 2025, the Hillsborough County Sheriff’s Office (HCSO) seized $7,783.00 from the claimant. HCSO gave claimant a Notice of Seizure alleging that claimant was in violation of the Florida Contraband Forfeiture Act. Sammis Law Firm filed a demand for Adversarial Preliminary Hearing (APH) on behalf of the claimant with HCSO and requested and received the offense report from the seizing officer. After Sammis Law Firm filed a motion for return of property, HCSO returned all of the seized money.

Court Finds No Probable Cause for Seizure by Lake County Sheriff’s Office – Leslie Sammis represented two clients (the company that loaded money into an ATM and the bank that supplied the money to the company). In that case, the Lake County Sheriff’s Office seized $42,423,00 in U.S. Currency from one ATM and $89,407 from another ATM. After an Adversarial Preliminary Hearing held on October 4, 2024, the Court reviewed exhibits, watched a video of the seizure, and listened to the testimony of several witnesses. In an order dated October 4, 2024, Circuit Court Judge Dan R. Mosley found that the Lake County Sheriff’s Office had “no probable cause” to seize the currency found in the ATMs. The property was returned to Ms. Sammis’ clients shortly thereafter.

On December 5, 2024, $37,000.00 was seized from claimant in Jackson County, Mississippi, by U.S. Customs Border Protection (CBP). CBP alleged that claimant violated 21 USC 881(a)(6), 21 USC 881(b) – Proceeds Traceable to Controlled Substances, 18 USC 981(a)(1)(A), 18 USC 1956(c)(7)(A), 18 USC 1961(1)(D), 21 USC 846 – Conspiracy to Commit Violation, and 18 USC 981(a)(1)(A), 18 USC 1956(c)(7)(A), 18 USC 1961(1)(D), 21 USC 841 – Manufacturing, Distributing or Dispensing Controlled Substances. Claimant received a Notice of Seizure and Sammis Law Firm filed a claim for court action on behalf of the claimant, along with the Election of Proceedings. Six months after the seizure, CBP returned all of the seized money.

In September of 2020, officers with the Brevard County Sheriff’s Office and agents with Customs and Border Protection (CBP) seized $40,253 in U.S. Currency discovered during a routine traffic stop and arrest on an outstanding warrant. After preserving video and audio from the roadside investigation and at the police station, we filed a verified claim for court action on October 20, 2020, which triggered the 90 day deadline for the Assistant United States Attorney (AUSA) to file a complaint in the U.S. District Court. Instead of filing the complaint, on February 2, 2021, we received a letter from CBP that indicated: “After a review of the matter, the Government has decided to release the property to you.”

In September of 2020, CBP seized $18,442.00 at the San Ysidro Border Crossing near San Diego, California. Shortly after being retained, we filed a verified claim. Shortly after filing the claim, we were contacted by a Senior Attorney with CBP’s Office of Assistant Chief Counsel. Based on the documents we submitted, CBP’s Senior Attorney agreed that the circumstances justified a pre-civil settlement in which $17,000 would be refunded to our clients.

According to U.S. Customs and Border Protection (CBP) records, our clients, a husband and wife, were questioned as they were departing the United States at the San Ysidro Border Crossing. In response to being asked whether either was transporting more than $10,000 in U.S. currency or monetary instruments, each reported carrying $8,000. Upon further inspection, officers discovered a total of $18,442, which CBP claimed belonged to the husband. CBP alleged that the husband divided the money to avoid the currency reporting requirement.

The CBP officers claimed they didn’t need probable cause, nor reasonable suspicion to search persons, baggage, or conveyances crossing the  international border for either inbound and outbound border crossings. The currency in this case was not seized with regard to its source and/or use. Rather, it was seized for non-compliance with 31 U.S.C. 5316, which requires an individual to report the transportation of currency over $10,000.00.

Willful failure to report the actual amount over $10,000 in currency is a crime punishable by up to five years in prison, a $250,000 fine, and forfeiture of the currency. (See 31 U.S.C. 5317 & 5322.) Dividing money among multiple travelers so that no single traveler is carrying more than $10,000, is in fact a separate crime commonly known as structuring, and is punishable by up to five years in prison, and a $250,000 fine. (See 31 U.S.C. 5324.)

Nevertheless, neither of our clients were charged with a crime and CBP agreed to return $17,000 to them on February 8, 2021, if they agreed to withdraw their requests that judicial forfeiture proceedings be commenced against the Currency. The balance of $1,442 was retained by the government as a payment in lieu of forfeiture.

On January 6-7, 2025, Attorney Leslie Sammis took a civil asset forfeiture case to trial in federal court before the Honorable Judge Thomas Barber. The Drug Enforcement Administration (DEA) seized $41,805.00 and about $30,000 in gold jewelry. The property was seized in Manatee County during the execution of a search warrant at our client’s home in late 2021. The case was stayed while the criminal charges were pending. The two-day trial happened on Monday and Tuesday. The jury checked all 9 boxes, “No,” which means the government must return all seized property. It was a total and complete victory.

On January 28, 2025, the Court signed an order directing the government to pay the Claimants, through their attorney Leslie Sammis, $44,640.00 in attorney’s fees, $41.40 in copy costs, $5,031.47 in pre-judgment interest, and post-judgment interest. The U.S.A. was required to pay all the Claimant’s reasonable attorney fees, which is mandatory under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA). The mandatory attorney fees provisions are intended to discourage overzealous Government actions in forfeiture cases.