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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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I have a tablet press that was seized by Customs as drug paraphernalia. referencing title

Customer Question

I have a tablet press that was seized by Customs as drug paraphernalia. referencing title 19 section 1595a(c) and violation of Title 21 section 863(a)(3). Can I request the item be returned to the sender as "offer in compromise"? Or should I abandon the property? The intended use is in the production of nutritional supplements, I have a business license and a website that demonstrates my business.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard since the professional you requested is unavailable at this time.
Did you get a letter from customs about the confiscation?
What does it say, please?
Customer: replied 1 year ago.
I did get a letter. Titled Notice of seizure and information claimants non-cafra form.
This is to notify you that U.S. Customs and Border protection (CBP)/ U's. Imigration and Customs Enforcement (ICE) siezed the property described below at Port of Cincinnati, OH., on June 23rd, 20151 drug pill press."
The estimated value of the property is under $250.00 (note I paid over $1500)The property was seized and is subject to forfeiture under the provisions of Title 19 United States Code, and Section 1595a(c). and in violation of Title 21 United States code, Section 863(a)(3), and 19 United States Code 1497. The importation of drug paraphernalia is prohibited in the United States.The facts available to the CBP indicate that you might have an interest in the seized property. The purpose of this letter is to advise you of the options available to you concerning the seizure. An important document - an "Election of Proceedings" form is enclosed with this letter. You must choose one of the options outlined below, indicate your choice on the "Election of Proceedings" form enclosed with this letter. You must choose one of the options outlined below, indicate your choice on the "Elections of Proceedings" form, and return it any any other necessary documents to CBP within the allotted time frame. Should you choose to abandon the property, you must still complete the "Election of Proceedings" form and return it to CBP.Your options are as follows:
1. I request that CBP consider my petition administratively before forfeiture proceedings are initiated.
2. I request that CBP consider my Offer in compromise administratively before forfeiture proceedings are initiated.
3. I Abandon the property and I request that the CBP begin administrative proceedings to forfeit the property.
4. I request the CBP send my case for court action.
5. I request that CBP begin administrative proceedings to forfeit the property. (and consider any petition or offer in compromise.)The letter describes details for each option.
Expert:  Samuel II replied 1 year ago.
HelloOk. So it is a general letter that is always sent when property is seized. The choice is up to you. If you feel that you bought it with no intent to use it as a drug pill press and you can show how you will legally use it, then file the Petition for return and a hearing. Or you can simply abandon the property. You can then try to recoup your purchase price via a dispute with your credit card company. I cannot tell you what option to choose. But if you abandon it, then the matter will be close against you
Expert:  Samuel II replied 1 year ago.
If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.
Expert:  Samuel II replied 1 year ago.
In case you want to review the laws cited in the letter of seizure you can see this link
Expert:  Samuel II replied 1 year ago.
And HERE at this LINK
Customer: replied 1 year ago.
Ok. So abandoning the property stops any potential legal action with regards ***** ***** penalty or prosecution for drug paraphernalia? My nutraceutical production lab is not yet FDA registered.
Expert:  Samuel II replied 1 year ago.
HelloYes. That is correct. You can elected to Abandon the property. That should end it.
Customer: replied 1 year ago.
Great. Thanks for the help.
Expert:  Samuel II replied 1 year ago.
HelloYou are welcome. Thanking you in advance for a positive rating and good luck

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