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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience:  30 years legal experience
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I received a seizure notice [Title 21 USC 881] [Asset Description:

Customer Question

I received a seizure notice [Title 21 USC 881] [Asset Description: $16,200 of US currency] [Violation: 21 USC 841 et seq.] from the United State Postal Inspection for $16,200 in the mail. Cash was in a package sent to my P.O. Box. Is it worth fighting?

The cash was sent in order to purchase a car for a buddy of mine and then I would drive it to him. He found some great deal blah blah blah...

So the letter says: To request a pardon of the forfeited property, you must submit a petition for remission or Mitigation of the Forfeiture to the US Postal Inspection Service... (then shows address)

The petition must include:
1) proof of your ownership interest in the property-- or proof that you were a victim of the offense.
2) The facts and circumstances which you believe justify a return of the property.

They also say I must include my SSN.
I do not make much money to begin with, and if I do provide my SSN I dont want this money linked to me because 1) its really not mine, 2) I dont want to be audited and have them think this money is mine because I obviously cannot show where the money came from.

What do you suggest I do? I go the letter, not the sender. Also, the sender doesnt make much money either, its his life savings that he has never put into a bank... He as well doesnt want to get audited if he were to claim the money. Screwy situation..
Submitted: 2 years ago.
Category: Criminal Law
Expert:  LawTalk replied 2 years ago.
Good evening,

I'm Doug, and I'm very sorry to hear of your situation.

Yes, by all means, fight the seizure. The law is intended to prevent money laundering and drug cartels---not the unwitting citizen who sends too much cash to a friend. Yes, your SSAN will be part of the equation, but so long as you can explain where the money came from---no problem.

You are dealing with a criminal investigation right now---not a federal tax situation. There is no reason to believe that the IRS will become involved for any reason in this issue---so long as you have a good explanation and the money trail is solid. If it is flaky---then for 16 grand---it isn't worth the bother. Either way, you are on their radar---so claiming cash which was sent in ignorance will not be a problem for you.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

I wish you the best in 2012,

Doug
Customer: replied 2 years ago.

Can the sender come forth and claim the money without me being tied up into the situation? How is the sender supposed to explain where 16k came from when he doesnt make much money? How should I write explain myself in the claim? Does it even make sense to file the claim if its not mine?

Customer: replied 2 years ago.

Also, do you see them bothering me anymore or looking further into the investigation if we do not come forth to claim? We are just worried about the IRS.

Expert:  LawTalk replied 2 years ago.
How the sender explains where he got the cash is hardly your problem---much less mine. Seriously---if the money is dirty----then tell him/her tough luck. But no, in answer to your question, once the package is sent, it belongs to you, and you have to explain it to the feds. The choice is yours. You can disclaim it and your "friend" can try to get it back---but in the end, the explanations have to make sense.

As for the sender not making that much----make that much in what? 20 years? The time is relative----a teenager can save that much in 5 years. We are not talking about all that much money---however, if I am reading between the lines correctly here---then you two have a problem if you want that money back.

I see them looking into this further---yes. You as the receiver don't have to tell them anything, and actually, neither does he. They may go away happy with the money. Then again-----I have not idea what you are into, or what you are trying to hide from the feds.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.


I wish you the best in 2012,

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 8 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your information.

Expert:  LawTalk replied 2 years ago.
My pleasure. Be safe!

Doug
Customer: replied 2 years ago.

Always!

Expert:  LawTalk replied 2 years ago.

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