At Padula Law, we regularly advise companies whose goods, conveyances, or related assets have been seized by U.S. Customs and Border Protection. These cases rarely begin as abstract legal questions. They begin with a Notice of Seizure, inventory locked in government custody, storage fees accumulating daily, and a short deadline that can determine whether the property is recovered or permanently forfeited.
Our approach is practical. We focus on what business owners need to do immediately, how to choose the right response path, and how to protect the rest of the operation while the case is pending.
Move Quickly When the Notice Arrives
Most customs seizures under Title 19 of the U.S. Code give claimants a limited window, commonly 30 days from the date of the personal notice, to file a petition, an offer in compromise, or a judicial claim. Missing that deadline often results in summary forfeiture.
When a client contacts us after receiving a Notice of Seizure, we immediately guide them through these steps:
- Calendar the exact response deadline and treat it as non-negotiable.
- Assemble the complete file for the shipment, such as commercial invoices, packing lists, bills of lading, entry documents, classification and valuation support, country-of-origin records, and all communications with the supplier, broker, or CBP.
- Stop informal discussions with CBP officers. Statements made without counsel can create inconsistencies that later undermine a petition or court claim.
- Identify the precise legal basis cited for the seizure and the appraised value of the property. These details shape the strongest response strategy.
- Track storage and handling costs from day one. These charges continue to mount and can become a significant separate liability.
Choose the Response Path That Fits the Facts and the Business
We help clients evaluate three primary options with clear business consequences in mind.
A petition for remission or mitigation asks CBP to return the goods or reduce the forfeiture amount based on the circumstances, the company’s compliance history, and any corrective measures already taken. This is often the most efficient route when the violation appears technical or unintentional and the client’s overall record is strong. It keeps the matter administrative.
An offer in compromise seeks a negotiated resolution. We use this when the client prioritizes certainty and a prompt release of the merchandise.
A judicial claim, accompanied by the required cost bond, stops administrative forfeiture and moves the case into federal court. We recommend this path when the value of the property is substantial, the government’s theory is aggressive, or broader assets may be at risk. Judicial proceedings provide greater procedural protections and discovery opportunities, but they require more time and resources.
We walk clients through the trade-offs so the decision is deliberate rather than reactive.
Protect the Broader Business While the Seizure Is Pending
A single seizure frequently triggers wider scrutiny of an importer’s or exporter’s entry history, valuation practices, and supply chain.
We typically advise clients to take parallel protective steps:
- Review recent entries for similar patterns and correct any errors still eligible for Post Summary Correction.
- Route all further communications about the seized shipment through counsel.
- Assess whether related assets, such as vehicles, bank accounts, or other inventory, could be drawn into a civil forfeiture theory. Civil forfeiture is an action against the property itself and does not require criminal charges against the owner.
- Document existing compliance efforts. Evidence of a functioning compliance program strengthens both administrative petitions and any later court defense.
Our goal is to contain the problem rather than allow it to expand.
Reduce Future Risk Through Practical Compliance Measures
Most commercial seizures we see are preventable. We counsel clients to focus on the highest-risk points in their operations:
- Maintain written support for tariff classifications and valuation methods rather than relying on informal practice.
- Strengthen contracts with foreign suppliers and customs brokers so that accurate information and accountability are required, not assumed.
- Keep current checklists for partner-government-agency requirements (FDA, USDA, EPA, and others) that apply to specific product lines.
- Treat country-of-origin claims and intellectual-property issues as high-risk areas that demand verification.
- Conduct periodic internal or independent audits of a sample of entries and correct systemic issues before CBP identifies them.
A documented compliance program does more than reduce the chance of a future seizure. It becomes valuable evidence if one occurs.
Why Experience Matters in These Cases
Customs seizures and asset forfeiture proceedings combine tight deadlines, specialized administrative rules, and the potential for significant financial exposure. At Padula Law, we bring both practical knowledge of CBP’s Fines, Penalties, and Forfeitures process and litigation experience in judicial forfeiture actions. Michael Padula previously served as a trial attorney in the Asset Forfeiture and Money Laundering Section of the U.S. Department of Justice Criminal Division. That background informs how we evaluate the government’s position, prepare petitions and claims, negotiate resolutions, and defend clients in court when necessary.
We represent companies and individuals nationwide in these matters. Our focus is on recovering the seized property when possible, limiting collateral damage to the business, and putting stronger compliance practices in place so the same exposure does not recur.
If your company has received a Notice of Seizure or faces the risk of civil asset forfeiture related to import or export activity, early action improves outcomes.
Contact Padula Law for a confidential consultation. We are prepared to assess the situation, protect your deadlines, and develop a practical path forward.