Investigations and Cash Seizures by Postal Inspectors
Was your money seized by the USPIS for forfeiture pursuant to 21 U.S.C. 881? If so, seek out the services of an attorney experienced in fighting civil asset forfeiture cases.
Postal Inspectors preserve the integrity of the U.S. Mail® and the postal system from criminal misuse. The USPIS agents also seize U.S. currency (cash or money) or other valuable property for forfeiture actions even when no arrest is made.
Although the postal inspectors with the U.S. Postal Inspection Service keep a low profile, inspectors carry a badge, handcuffs, and a gun. As federal law enforcement officers, Postal Inspectors are authorized to make arrests, seize money or other assets, serve subpoenas, and execute federal search warrants.
Within the federal law enforcement community, postal inspectors are part of the so-called “silent service” since they play a behind-the-scenes role in many federal investigations. Today, the agency has more than 1,200 Postal Inspectors tasked with enforcing more than 200 federal laws.
If your money was seized by an agent with the USPIS, then seek out the services of an attorney experienced in fighting civil asset forfeiture cases.
Attorneys for Investigations by U.S. Postal Inspectors in Florida
The attorneys at Sammis Law Firm represent clients being investigated for crimes involving the mail or a U.S. Post Office. Many of our cases involve investigations of suspicious mail including drugs, firearms, or large amounts of U.S. Currency in violation of federal law.
Postal Inspectors present the facts gathered during their investigations to the prosecutors from the U.S. Attorney’s Office. We are familiar with the tactics used by postal inspectors and other postal inspection service employees including the Office of Investigations Special Agents.
We understand the way the Postal Inspection Service conducts examinations on questioned documents, uses digital evidence, analyzes latent fingerprints, and other physical evidence.
If your money or valuable property was seized, we can help you get it back. For these investigations, you need an attorney focused on protecting your rights at every stage.
Seizure of U.S. Currency for Forfeiture by USPIS
You can find the U.S. Postal Inspection Service (USPIS) Official Notification online. The online listing provides a list of legal notices regarding property seized for federal forfeiture for a violation of federal law by the USPIS.
The procedures and laws applicable to the forfeiture process for U.S. currency and other valuable property seized by USPIS can be found at 39 C.F.R. Section 233.7, 18 U.S.C. Section 983, and 19 U.S.C. Sections 1602 -1619.
Although the USPIS might want you to file a petition for Remission or Mitigation, doing so will cause a considerable delay and routinely results in a form letter denying any relief at all. By requesting remission or mitigation, you are admitting the property was properly seized. Even if the USPIS refuses to return any money at all, by the time you realize that, you will no longer have any right to be heard in the U.S. District Court.
Instead, you should retain an attorney to help you file a claim for early judicial intervention or immediate court action. Filing a claim for court action is the ONLY way to contest the forfeiture of the property in the United States District Court.
Your claim for court action after a seizure for forfeiture by the U.S. Postal Inspection Service must be received (not mailed but actually received within 30 calendar days after the date of final publication of the notice of seizure, unless you received a written notice via personal letter in which case the deadline set forth in the letter shall apply.
As required by 18 U.S.C. Section 983(a)(2)(C) and 28 U.S.C. Section 1746, the claim for court action to contest the seizure of U.S. Currency by USPIS must describe the seized property, state your ownership or other interest in the property, and be made under oath, subject to the penalty of perjury, or meet the requirements of an unsworn statement under penalty of perjury.
Although the claim need not be made in any particular form, an attorney can make sure you meet all of the statutory requirements and timely file the claim. The claim can be filed online or in writing as provided by 18 U.S.C. Section 983(a)(2)(D).
Claims must be sent to the USPIS pursuant to the instructions shown in the notice. You can find a standard claim form that can be mailed or sent online at the www.forfeiture.gov website.
Send the claim to the notice listed in the notice which might include:U.S. Postal Inspection Service
P.O. Box 91100
Washington, DC 20090-1100
If you are using a Commercial Delivery Service to deliver the claim, then send it to:U.S. Postal Inspection Service
900 Brentwood Road, NE
Washington, DC 20066-6096
For unclaimed or abandoned property being held by the United States Postal Inspection Service, you can find out more information about recovering the property by visiting https://postalinspectors.uspis.gov.
Types of Criminal Investigations Involving the U.S. Postal Inspection Service
Criminal investigations by the postal inspector can include a wide range of criminal accusations including:
- mail-theft investigation;
- investigations of dangerous and prohibited mails;
- sending contraband through the mail (drugs or firearms);
- through-the-mail drug deals;
- narcotics investigations;
- mail fraud schemes;
- financial fraud;
- identity theft and forgery crimes;
- healthcare provider and claimant fraud;
- crimes against post offices and their employees
- robberies and burglaries of postal facilities;
- assaults and threats on postal employees;
- complaints of theft and misconduct by postal employees
- child pornography; and
- mailing bombs or other explosives.
History of the U.S. Postal Inspectors
Historically, postal inspectors are part of the oldest law enforcement agency that dates back to Ben Franklin, the first appointed postal auditor in the 1700s. Today, the postal inspector’s office has more than 1,200 agents.
Funding for postal inspectors comes entirely from the sale of stamps and mail services, including the funds needed to send inspectors to the training academy or regional crime laboratories.
According to the Asset Forfeiture Policy Manual (2019) published by the Department of Justice Asset Forfeiture Program in the section entitled “Custodial and Seizure Authority Charts”:
The USPIS (administrative forfeitures) and the USMS (judicial forfeitures) have seizure authority under 18 U.S.C. § 3061(a). Pursuant to 18 U.S.C. § 3061—all matters relating to the Postal Service and the mails. The statutes enforced include:
- Theft of Mail (18 U.S.C. §§ 1708–09);
- Obscenity and Sexually Oriented Advertising (18 U.S.C. §§ 1461, 1463, 1735; 39 U.S.C. § 3010);
- Money Laundering (18 U.S.C. §§ 1956–57);
- Mail Fraud (18 U.S.C. §§ 1341–42, 1345;
- Lotteries (18 U.S.C. §§ 1301–03; 39 U.S.C. § 3005);
- Identity Fraud (18 U.S.C. § 1028);
- Forfeiture (18 U.S.C.§§ 981–82);
- Extortion (18 U.S.C. §§ 873, 876–77);
- Electronic Crimes (18 U.S.C. §§ 1029–30, 1037, 1343, 2701);
- Destruction, Obstruction and Delay of Mail (18 U.S.C. §§ 1700–03);
- Counterfeit Stamps, Money Orders and Related Crimes (18 U.S.C. §§ 500, 501, 503, 1720);
- Controlled Substances (21 U.S.C. §§ 841, 843–44); and
- Child Exploitation (18 U.S.C. §§ 1470, 2251–54, 2422, 2425).
Asset Forfeiture at USPIS – Visit the website of the U.S. Postal Inspection Service to learn more about civil asset forfeiture actions. When property is seized by USPIS through asset forfeiture, a notice is posted publicly online at Forfeiture.gov. The notice of the seizure and forfeiture action by USPIS inform individuals, who may have an ownership interest, of their ability to file a claim for early judicial intervention and immediate court action instead of taking the less productive tactics of filing a petition for remission or mitigation.
This article was last updated on Tuesday, February 2, 2021.