Criminal Defense Lawyers

Customs Seized My Package – Now What

Last Updated on: 14th December 2025, 04:53 pm

Your package never arrived. You tracked it to a port of entry and then it stopped moving. Maybe you got a notice in the mail from U.S. Customs and Border Protection. Maybe you’re still waiting to find out what happened. Here’s the first thing you need to understand: there’s a critical difference between “detained” and “seized.” Detention means CBP is holding your package while they examine it – you might get it back. Seizure means CBP has formally confiscated your property and started a legal process that could end with you losing everything permanently. If you received a Notice of Seizure, you’re not waiting for your package anymore. You’re in a federal forfeiture case.

Welcome to Spodek Law Group. We handle federal customs and forfeiture cases regularly, including cases where people receive surprising news about packages they thought were perfectly legal. The second thing you need to understand is this: the question isn’t “will I get my package back.” The question is “will responding to this notice expose me to criminal charges.” Because customs seizures often run on two tracks simultaneously – civil forfeiture of your property, and potential criminal prosecution of you personally. What you say in response to one can be used against you in the other.

CBP processes millions of packages entering the United States every year. In 2020 alone, there were over 26,500 seizures representing more than $1.3 billion in confiscated goods. Most of those seizures result in forfeiture – permanent government ownership – because most people don’t respond properly within the required timeframes. Your package is sitting in a Seized Property Warehouse right now. What happens next depends entirely on what you do in the next 30 days.

The Notice You Must NOT Ignore

Heres something that trips up almost everyone who receives a customs seizure notice. The Notice of Seizure gives you 30 days to respond. But that 30 days starts from the date the notice was mailed – not the date you received it.

Think about what that means. CBP mails the notice. It takes a few days to reach you. Maybe it goes to an old address. Maybe it sits in your mailbox while your traveling. By the time you actually read it, a week or more might have passed. Your 30-day clock has been running that entire time.

If you dont respond within 30 days, your property is automaticaly forfeited. No court hearing. No opportunity to explain. CBP simply declares your property government property. Thats it. Its gone forever.

The irony is that extensions are almost always granted – if you ask before the deadline. CBP regularly extends response deadlines for people who request more time. But if you miss the original 30 days without asking, no extension can save you. The forfeiture is automatic and final.

Todd Spodek tells every client in this situation the same thing: the day you receive a seizure notice is the day you need to take action. Not next week. Not when you “figure out whats going on.” Today. The deadline is already running.

The Three Responses – And Why Each One Matters

OK so you’ve received a Notice of Seizure. You have three basic options for responding. Understanding the difference between them is critical – because choosing the wrong response can destroy your case.

Option One: Do nothing. This results in automatic forfeiture. Your property becomes permanent government property. You have no recourse. This is what happens to most seized packages because people dont respond, dont understand the process, or dont think its worth fighting.

Option Two: File a Petition for Remission or Mitigation. This is the most common response. Youre basicly telling CBP: “I acknowledge the seizure was legal, but Im asking you to return my property anyway based on circumstances.” The petition goes through administrative channels at CBP. No court is involved.

Option Three: File a Claim. This is fundamentally different. A claim says: “The seizure was NOT legal and I want a court to decide.” If you file a claim, CBP must either return your property or initiate judicial forfeiture proceedings in federal court. You get your day in court – but you also take on the burden of proving the seizure was improper.

Heres the trap that catches people. Filing a petition ADMITS the seizure was lawful. Your asking for mercy, not justice. If you file a petition and CBP denies it, youve already conceded the legal basis for the seizure. Filing a claim is more aggressive – but it commits you to litigation. The wrong choice early in the process can limit your options later.

Which option is right depends on what was in the package, why it was seized, and whether your at risk of criminal prosecution. These are not decisions to make without legal counsel.

Civil vs Criminal – The Two Tracks Running Simultaneously

Heres something that should concern everyone facing a customs seizure. Civil forfeiture and criminal prosecution are two different things. They can happen at the same time. And what you say in one can destroy you in the other.

Civil forfeiture is about your property. The government is trying to keep your package. In civil forfeiture, YOU have to prove your property wasnt involved in illegal activity. The government dosent have to prove anything. Your package is presumed guilty until you prove its innocent.

Criminal prosecution is about you personally. If CBP beleives you knowingly imported contraband, counterfeit goods, or items that violate federal law, they can refer your case for criminal charges. Smuggling under 18 USC 545 carries up to 20 years in federal prison per offense. Making a false declaration can result in 2 years.

These tracks run simultaneously. CBP might delay the criminal referral while processing your civil petition. Why? Becuase your petition contains statements. Explanations. Admissions. Information about what you knew, when you knew it, and why you imported whatever you imported. All of that can be used against you in a criminal prosecution.

Heres the paradox that terrifies people. You need to respond to the seizure notice or you lose your property automatically. But your response could incriminate you criminally. Silence means losing everything. Speaking means potentially handing prosecutors evidence.

This is why customs seizures require legal counsel. Your attorney can help you respond in ways that protect your property interests without creating criminal exposure. Navigating both tracks simultaneously is not something you should attempt alone.

The Automatic Forfeiture Trap

Lets be clear about what happens if you dont respond properly to a seizure notice. Your package is not sitting in some warehouse indefinitely waiting for you to claim it. The forfeiture process moves forward with or without you.

After 30 days with no response, CBP initiates administrative forfeiture. Your property is declared forfeited to the United States government. No judge reviews the seizure. No court evaluates whether CBP had proper grounds. Its simply done. Administratively. Bureaucratically. Permanently.

Once forfeited, your property can be destroyed, sold, or used by the government. You receive nothing. You have no claim. The forfeiture has the same legal effect as a court judgment – but without any court involvement.

Most people who lose property to customs forfeiture lose it this way. They didnt fight and lose. They didnt even show up. They missed a deadline, ignored a notice, or didn’t understand what was happening until it was to late.

And heres the consequence cascade nobody mentions. Not responding to a seizure notice dosent just cost you that package. It creates a permanent record with CBP. That record triggers increased scrutiny on all your future imports. Your name gets flagged. Future packages face additional inspections. One ignored seizure notice can affect every international shipment you receive for years.

What’s Actually In That Package – And Why It Matters

The contents of your seized package determine everything about your exposure. Not all seizures are created equal.

If your package contained goods with unpaid duties, the process is relatively straightforward. You might be able to resolve the seizure by paying what you owe plus penalties. This is a civil matter – annoying and expensive, but not catastrophic.

If your package contained counterfeit goods – fake designer items, knockoff electronics, trademark-infringing products – the stakes go up dramaticaly. IPR (Intellectual Property Rights) violations are taken extremely seriously. Trafficking in counterfeit goods under 18 USC 2320 can result in fines up to $2 million and 10 years in prison for a first offense. Second offense? Up to $5 million and 20 years.

If your package contained actual contraband – illegal drugs, prohibited weapons, items banned from importation – your looking at potential federal prosecution regardless of whether you file a petition.

Operation Double Vision illustrates how serious this can get. Federal agents investigated counterfeit contact lenses being imported. The defendant made $1.2 million selling them. Testing revealed the counterfeit lenses were contaminated with potentialy hazardous bacteria. This wasnt just a customs violation. It was a public health crisis that resulted in federal prosecution.

The point is this: the response to a seizure notice must account for what was actualy in the package and what criminal exposure that creates. Filing a petition explaining why you imported counterfeit goods is not a good strategy if that explanation can be used to prosecute you.

The Permanent Record Nobody Mentions

Heres an uncomfortable truth about customs seizures. Even if you eventually get your property back, the seizure creates a permanent record that follows you.

CBP maintains records of all seizures and enforcement actions. When you import goods in the future – wheather commercial shipments or personal packages – your name gets checked against those records. A prior seizure, even one that was resolved in your favor, can result in increased scrutiny.

If you dont respond to a seizure notice and default into forfeiture, that record is worse. CBP sees someone who had property seized and didn’t even contest it. That signals either guilt or indifference. Either way, it means your future imports will be examined more carefully. Packages that would sail through for someone with a clean record might be detained when they have your name on them.

Think about what that means if you run a business that imports goods. One mishandled seizure can result in delays, inspections, and complications on every future shipment. The direct cost of losing that package is just the beginning. The indirect cost of enhanced scrutiny can last for years.

This is another reason why responding properly to seizure notices matters. Even if you ultimatly lose the property, how you handle the process affects your relationship with CBP going forward.

When They Open Your Package Without Telling You

Heres something most people dont realize. By the time you receive a seizure notice, CBP has already examined your package thoroughly. They opened it. They documented the contents. They photographed everything. They may have tested items for authenticity, safety, or prohibited substances.

You had no opportunity to be present. You received no advance notice. The examination happened without your knowledge or consent. This is completly legal – CBP has broad authority to examine items entering the United States.

What this means is that the government already knows exactly whats in your package. They know wheather items are counterfeit. They know wheather duties were properly declared. They know wheather anything prohibited was included. Your seizure notice reflects decisions already made based on evidence already gathered.

Your response to the seizure notice is not an opportunity to tell CBP whats in the package. They already know. Your response is an opportunity to explain the circumstances, argue for leniency, or challenge the legal basis for the seizure. But your not revealing new information – your responding to conclusions CBP has already reached.

This changes how you should approach your petition or claim. You cant bluff. You cant hope they didnt notice something. Everything relevant was documented before you knew the seizure occured.

The FP&F Paralegal Who Controls Your Fate

Heres something most people dont understand about the customs seizure process. Your case isnt decided by a judge. Its not reviewed by senior officials. Your seizure gets assigned to a paralegal in the Fines, Penalties, and Forfeitures office – and that paralegal has enormous power over what happens next.

When CBP seizes your package, the case is referred to FP&F within three working days. An FP&F officer reviews the seizure and, if warranted, sends you the Notice of Seizure. Your petition or claim goes back to that same office. The paralegal assigned to your case reviews your submission, evaluates your arguments, and makes recommendations.

Your petition is basicly a persuasion exercise targeting one person. You need to explain why your situation warrants leniency. You need to provide evidence supporting your claims. You need to anticipate objections and address them proactively. This isnt like arguing before a court were multiple people deliberate. Its one person reading your submission and deciding wheather to recommend relief.

The paralegal can grant petitions, deny them, or offer compromises. A compromise might mean returning your property in exchange for payment of a penalty. Whether that penalty is fair depends entirely on how your petition presents your case.

If you file a poorly written petition – vague, unsupported, missing required documentation – the paralegal has every reason to deny it. If you file a persuasive petition with complete documentation and compelling arguments for leniency, you improve your chances dramatically.

This is another reason why legal counsel matters. Attorneys who handle customs cases know what FP&F paralegals look for. They know how to present cases in ways that maximize chances of favorable outcomes. A well-crafted petition is not something most people can produce on there own.

Why “I Didn’t Know” Isn’t Always a Defense

Heres an uncomfortable reality about customs seizures. “I didn’t know it was illegal” is not a guaranteed defense.

For some violations, knowledge matters. Smuggling charges under 18 USC 545 require proof that you knowingly imported prohibited items. If you genuinly had no idea the package contained contraband, that might protect you from criminal prosecution.

But civil forfeiture is different. The government dosent have to prove you knew anything. They just have to show the property was connected to a violation. Your knowledge – or lack of it – is relevant to mitigation, not to wheather the seizure was valid in the first place.

Consider counterfeit goods. You bought what you thought was a genuine designer handbag from an overseas seller. It turns out the bag is counterfeit. You had no idea. You thought you were getting a deal on an authentic product. CBP seizes the package.

Your lack of knowledge might help you avoid criminal charges for trafficking. But it dosent automaticaly mean you get the bag back. The bag is still counterfeit. Its still an IPR violation. The civil seizure can proceed regardless of what you did or didnt know.

Your petition might argue that you were an innocent purchaser who was deceived by a dishonest seller. FP&F might find that persuasive and return your property – or they might not. The point is that innocence regarding knowledge dosent guarantee a favorable outcome.

And heres something else to consider. If your ignorance was willful – if you should have known something was wrong but deliberately avoided learning the truth – that cuts against you. “I didn’t ask questions” is not the same as “I had no reason to suspect anything.” The government can argue willful blindness, which is treated as equivalent to knowledge in many contexts.

What You Should Do Right Now

If customs seized your package, heres exactly what you should do:

Find the Notice of Seizure and read it carefully. Note the date it was mailed (not the date you received it), the case number, the assigned paralegal’s contact information, and the stated reason for seizure. This information is critical for any response.

Calculate your deadline immediately. You have 30 days from the mailing date to respond. If that deadline has passed, the situation is more urgent – but options may still exist. If the deadline is approaching, you need to act now.

Do NOT contact CBP directly to explain or argue. Anything you say can be used against you. Your explanations, even innocent-sounding ones, become part of the record. Let your attorney handle all communications.

Do NOT assume this will resolve itself. Ignored seizure notices result in automatic forfeiture. There is no reset button. There is no second chance once the deadline passes.

Hire an attorney who handles customs and forfeiture cases. Not your business lawyer. Not your family attorney. Someone who understands 19 USC, CBP procedures, and the interaction between civil forfeiture and potential criminal exposure. Your attorney can evaluate wheather a petition or claim is appropriate, draft responses that protect your interests, and navigate both tracks of the process.

Gather all documentation related to the shipment. Receipts, invoices, correspondence with sellers, shipping records, customs declarations. Your attorney will need this to evaluate your options and build your response.

Todd Spodek tells every client facing customs seizure that timing is everything. The 30-day deadline is real. The consequences of missing it are permanent. And the stakes – both civil and potentially criminal – are higher then most people realize.

Call Spodek Law Group at 212-300-5196. Before your deadline passes. Before you make statements that create criminal exposure. Before a seized package becomes a permanent forfeiture and a federal criminal investigation.

That package sitting in a government warehouse could be returned to you. Or it could become the basis for federal charges. What happens next depends on the choices you make right now.