Seizures of Currency from FedEx or UPS Packages

At FedEx and UPS, law enforcement officers often gain permission to monitor packages at the site. Sometimes employees at FedEx or UPS will call to alert them to a suspicious package. Often a K9 drug dog might “alert” to a suspicious package. To find U.S. Currency the police look for packages that are heavily taped, vacuum-sealed, or use insulated bags or foam insulation.

Shipping U.S. Currency through FedEx or UPS is not a crime, although doing so violates the company’s terms of service. Additionally, by using UPS or FedEx, you are authorizing UPS or FedEx to forward information regarding shipments to governmental or regulatory agencies that request such information. For example, the Express Terms and Conditions listed in the FedEx Service Guide explain: “Prohibited items – You are prohibited from tendering the following items for shipment, and you agree not to do so: (a). Cash and currency….”

The UPS List of Prohibited Articles and Items – Visit the UPS website to find a list of articles and items which are prohibited for shipping to the United States and all counties served by UPS including currency, bank bills, cash, and marijuana (even for medicinal use).

The terms of use at UPS and FedEx explain that civil and criminal penalties, including forfeiture, may be imposed for making false or fraudulent statements or for the violation of any country’s laws on exportation. See 13 U.S.C. § 305; 22 U.S.C. § 401; 18 U.S.C. § 1001; and 50 U.S.C. App. § 2410.

If a FedEx package or UPS package is intercepted because it contains U.S. Currency, the tracking notes will eventually say “delivered” but the notes might indicate “signed for by POLICE SEIZED.” If you see that notation of “POLICE SEIZED” then you know that a law enforcement officer or agency took possession of the package. FedEx and UPS will often give you a number for the agency that seized the package or the case agent. Either way, anything you say to FedEx, UPS, or law enforcement might later be used against you.

Attorney for Seizures of Cash from FedEx or UPS for Forfeiture in the U.S.

The seizure of U.S. Currency from a FedEx or UPS package is all too common. Law enforcement officers sometimes claim that money is shipped from states where marijuana is more expensive to states where marijuana is cheaper, while the marijuana itself goes in the opposite direction. In many cases, the state or federal law enforcement agency will allege that the U.S. Currency came from an illegal source or was being used for an unlawful purpose, based on highly circumstantial allegations. The law enforcement agency often relies on the following circumstantial allegations:

      • the place the money came from or was headed;
      • the fact that a large amount of U.S. Currency is being shipped;
      • the way the money is packaged;
      • the fact that other packages were shipped the same way; and
      • statements made by the sender or intended recipient.

    If your money was seized by UPS or FedEx, then contact experienced forfeiture attorney Sebastian Rucci. He has 27 years of legal experience and has been fighting these cases for decades. He will decide how to respond if your property is seized from UPS or FedEx for forfeiture proceedings. After the money is seized, the agency that seized the money often fails to provide notice of seizure (personal letter or published online). The first step is getting a copy of the notice so that you know the deadlines involved in making a claim. Forfeiture attorney Sebastian Rucci can track down the notice of seizure, file a verified claim, and challenge the illegal seizure.

    Seizure of Cash from UPS or FedEx Packages

    The issue in these cases is often whether the law enforcement agency who intercepted the package had probable cause to think the package was related to drug trafficking or money laundering. In many of these cases, local law enforcement officers will turn the cash over to a federal agency, including the DEA, which then “adopts” the property for a forfeiture proceeding under federal law. To lawfully seize the package law enforcement officers must have reasonable suspicion that the package contains contraband. The officer must have “a particularized and objective basis” for the suspicion. Terry v. Ohio, 392 U.S. 1, 27 (1968).

    Law enforcement officers often use a canine K9 drug dog to investigate packages at a UPS or FedEx shipping facility shipped to or from a “source” state such as California. The officers will look to see who paid for the shipping fee and whether it was paid for with cash. Sometimes employees at UPS or FedEx will secretly flag suspicious packages for law enforcement officers. The officer then uses the K9 drug dog to “alert” to the package, which is often meaningless because no drugs are ever found. The K9 officer must keep a log of “false positive” alerts. Forfeiture attorney Sebastian Rucci will demand the K9 alert log and investigate the dog’s records of false-positive alerts to show the phony nature of the procedures used by law enforcement. If the funds were seized by state officers, they will often transfer the money to a federal agency, like the DEA, for adoption.

    If a federal agency seized the cash in the first instance, or if the federal agency “adopts” the seized funders transferred by the state officers, then the forfeiture proceeding must follow federal law. In federal cases, the agency that seized the cash must send personal notice of the seizure and intent to forfeit within 60 days of the seizure. If a state agency transferred the case to a federal agency, the deadline is 90 days to send the personal notice.

    In addition to the personal notice, the government must post the notice of seizure and intent to forfeit online. Once notice is received, the claimant of the funds only has 35 days to file a claim for court action. Forfeiture attorney Sebastian Rucci can make sure the verified claim is filled out properly on your behalf, includes all of the required information, and is filed and received by the seizing agency before the 35-day deadline expires. To meet the deadline, the claim must be actually received by the federal agency by the deadline, not simply put in the mail.

    Attorney Sebastian Rucci Focuses His Law Practice on Seizures and Asset Forfeitures

    Forfeiture Attorney Sebastian Rucci has 27 years of legal experience and focuses his practice on seizures and asset forfeitures. He also works with other attorneys co-counsel on civil asset forfeiture cases.

    Forfeiture attorney Sebastian Rucci will challenge federal asset forfeiture cases throughout the United States. He can file a verified claim for the seized assets, an answer challenging the allegations in the verified forfeiture complaint, seek an adversarial preliminary hearing if one was denied, and challenge the seizure by filing a motion to suppress and dismiss on multiple procedural grounds demanding the immediate return of the seized assets.

    Forfeiture attorney Sebastian Rucci can show that the seized assets are not the proceeds of criminal activity and that the agency did not have probable cause to seize the funds or other assets. Even if a showing of probable cause has been made, he can file to rebut the probable cause by demonstrating that the forfeiture statute was not violated, that the agency failed to trace the funds, or showing an affirmative defense that entitles the immediate return of the seized assets.

    Forfeiture attorney Sebastian Rucci is available as co-counsel, working with other counsel, where he focuses on challenging the asset forfeiture and seizure aspect of the case throughout the United States. Forfeiture attorney Sebastian Rucci often takes civil asset forfeiture cases on a contingency fee basis, which means that you pay nothing until the money or other asset is returned. Let experienced forfeiture attorney Sebastian Rucci put his experience with federal seizures and forfeiture actions to work for you, call attorney Sebastian Rucci at 330-720-0398.