Do You Get in Trouble If Your Package Is Seized?

If your package is seized, what happens next ranges from simply losing the goods to federal prison time, and which end of that range you land on depends on what was inside, whether you knew about it, and how quickly you respond to the seizure notice. In the best case, the government keeps the package and nothing else happens. In the worst, you face criminal charges under laws that treat mere possession of smuggled goods as evidence against you. The decisions you make in the first 30 to 35 days after the notice arrives usually decide the outcome.¹

The Three Outcomes You Could Be Facing

Package seizures fall into three tiers, and knowing which one applies to you shapes everything else.

The first tier is a straightforward loss. Your package contained something the government won’t let into the country (an unregistered item, goods without the right permit, a shipment with a bad customs declaration) and the agency keeps the merchandise. No fine, no charges, just a forfeited package and a note in the file. Documentation problems and minor regulatory violations often end here, especially for first-time recipients.

The second tier is civil. The government keeps the property and imposes a financial penalty, but no one is prosecuted. This is common for counterfeit goods, larger regulatory violations, and cases where authorities can prove the property is connected to illegal activity but can’t or won’t build a criminal case against you personally.

The third tier is criminal. You face federal charges, and the seized package becomes evidence. This happens with controlled substances, smuggling, and any case where investigators have built a record of knowledge and intent. The seizure notice may not even be your first sign of trouble; sometimes agents arrive at your door instead.

Which tier you’re in depends less on the package and more on what the government can prove about you. Two people can receive identical seized packages and end up in completely different places.

Criminal Charges and How the Government Builds Them

Federal drug penalties are severe. Distributing or possessing a controlled substance with intent to distribute can carry a mandatory minimum of 10 years and fines up to $10 million for individuals when large quantities are involved. A second offense after a prior serious drug felony pushes the minimum to 15 years. Smaller quantities that don’t trigger mandatory minimums can still result in up to 20 years.²

Smuggling goods into the United States carries up to 20 years in federal prison. And here’s the part worth reading twice: federal law treats mere possession of smuggled goods as sufficient evidence to support a conviction unless you can explain it to the jury’s satisfaction.³ That “unless explained” clause shifts the practical burden onto you.

You also don’t need to physically receive the package to be charged. Attempting to import prohibited items or conspiring with others to do so can support prosecution even if the package never reaches you. Shipping records, messages, payment histories, and prior transactions are all used to build these cases.

Controlled Deliveries: When the Package Shows Up Anyway

Most people assume that if authorities intercept a package with drugs in it, they simply keep it and send a notice. Often they do the opposite. In a controlled delivery, Postal Inspectors or agents reseal the package, sometimes swapping out the contents, and deliver it under surveillance. They wait to see whether you accept it, bring it inside, and open it in a way that suggests you expected what was in it. Then they execute a search warrant.

Controlled deliveries exist to defeat the “I didn’t know” defense. Anyone can put your name on a package, so interception alone doesn’t prove you ordered anything. Watching you accept and open it does. If a case ends with agents at your door instead of a letter in your mailbox, this is usually why.

Civil Forfeiture and Financial Penalties

Even with no criminal charges, the government can keep your property and add penalties on top. Civil forfeiture is an action against the property itself, so it proceeds whether or not anyone is prosecuted.

For property valued at $500,000 or less, most agencies can forfeit it administratively without ever going to court. Cash and monetary instruments can be forfeited administratively in any amount. Vehicles, aircraft, and vessels used to transport controlled substances are subject to administrative forfeiture regardless of value.⁴

Counterfeit goods have their own penalty structure. For a first violation, CBP can impose a civil fine up to the value the merchandise would have had if genuine, calculated at the manufacturer’s suggested retail price at the time of seizure.⁵ Import $2,000 worth of counterfeit handbags and the fine can run to the full retail price of the genuine versions.

Beyond the direct hit, a seizure leaves a permanent record with CBP that can trigger extra inspections and delays on every future package you receive.

If You Genuinely Didn’t Know: The Innocent Owner Defense

Federal law protects people who had no idea a package contained something illegal. Under the Civil Asset Forfeiture Reform Act, an innocent owner’s interest in seized property cannot be forfeited. You qualify if you did not know about the illegal conduct that led to the seizure, or if you took reasonable steps to stop it as soon as you learned about it.⁶

The burden is yours. The government does not have to prove you knew; you have to prove you didn’t, by a preponderance of the evidence. Purchase receipts, shipping records, and correspondence with the sender showing what the package was supposed to contain all matter. So does evidence that someone else had access to your address or used your name without permission.

In criminal cases the standard is more protective. Courts look at whether you had actual knowledge of the illegal contents or deliberately avoided finding out. Simply receiving a package you didn’t order isn’t enough for a conviction. Prosecutors need evidence you knew, or at least willfully turned a blind eye.

When the Notice Arrives

The single most important thing is to respond within the deadline. For customs seizures, you have 35 calendar days from the date the notice is mailed to file a claim with the Fines, Penalties, and Forfeitures office. If you never received the mailed notice, the deadline is 30 days from the date the government publishes its final notice of seizure.¹ Miss those deadlines and the property is forfeited automatically, with no court review.

Before you respond, confirm the notice is real. Scammers impersonate CBP constantly. A legitimate notice includes a seizure number and identifies the specific FP&F office at the port of entry where the seizure occurred.⁷ Contact that office directly using the phone number from CBP’s official website, not a number printed on a suspicious message.

You generally have two paths from here:

File an administrative petition asking the agency to return the property or reduce the penalty.
File a claim to contest the forfeiture in federal court, which forces the government to prove its case before a judge.

Doing nothing is the worst option. The government keeps the property, and you get a permanent mark in the CBP system that follows every future shipment.

Administrative Petitions: Asking the Agency First

Before going to court, you can ask the seizing agency to give the property back or lower the penalty. The Secretary of the Treasury has authority to remit (fully cancel) or mitigate (reduce) any forfeiture or fine when the violation happened without willful negligence or intent to defraud, or when mitigating circumstances justify relief.⁸

For customs seizures, you file CBP Form 4609, the Petition for Remission or Mitigation of Forfeitures and Penalties.⁹ Remission asks for the full seizure to be reversed. Mitigation acknowledges a violation but asks for a reduced penalty instead of complete forfeiture.

This route works best for regulatory violations or paperwork errors, not contraband. If a shipment was seized over a labeling problem or a missing permit, a well-documented petition showing you’ve corrected the issue has a reasonable shot. If the package contained drugs, an administrative petition is not going to accomplish much.

Challenging the Seizure in Court

If your administrative petition is denied, or if you’d rather go straight to a judge, you can file a claim to contest the forfeiture in federal court. Under CAFRA, the government bears the burden of proving by a preponderance of the evidence that the property is subject to forfeiture. When the theory is that the property was used to commit or facilitate a crime, the government must show a substantial connection between the property and the offense.⁶

Filing a claim does not require posting a cost bond in most cases. Federal regulations eliminated the bond requirement for nearly all civil forfeiture claims.¹⁰ The claim itself must be filed under oath and under penalty of perjury.

Once the case is in court, you’ll need evidence supporting your position, whether that’s proof of lawful ownership, documentation showing you had no knowledge of the contents, or gaps in the government’s case connecting the property to any offense.

Attorneys who handle asset forfeiture typically charge between $200 and $650 per hour. If you substantially prevail, CAFRA requires the government to pay your legal fees.⁶

Consequences That Outlast the Case

A seizure can follow you well after the paperwork is closed. If you’re enrolled in a Trusted Traveler Program like Global Entry, a customs-related seizure can lead to revocation. CBP conducts thorough background checks for these programs and provides written notice of denials or revocations.¹¹ You can request reconsideration through the Trusted Traveler Programs website, but reinstatement is not automatic.

For businesses, one seizure means lost inventory and disrupted supply. Repeat seizures put you on CBP’s radar and heighten scrutiny on every future import. For individuals, a seizure that escalates to criminal charges can affect employment, professional licenses, and immigration status. Even a purely civil forfeiture creates a public record that background checks can surface.

Fake Seizure Notices to Watch For

Scammers impersonate CBP by phone and message, claiming that illegal items were intercepted in your name, that a warrant has been issued, or that a “diplomatic pouch” tied to your identity was seized. The goal is to panic you into paying immediately or giving up personal information.¹²

The tell is the payment method. CBP will never ask you to pay using cryptocurrency, gift cards, or wire transfers. It also won’t cold-call you demanding your Social Security number, credit card, or bank account details.¹² A real seizure notice arrives in writing and carries a seizure number. If you aren’t sure, call the FP&F office at the port of entry listed on the notice using the number from CBP’s official website, and give them the seizure number you were provided.⁷ Never call back a number from a suspicious message.

1
eCFR. 19 CFR Part 162 Subpart H – Civil Asset Forfeiture Reform Act
2
Office of the Law Revision Counsel. 21 U.S. Code 841 – Prohibited Acts A
3
Office of the Law Revision Counsel. 18 U.S. Code 545 – Smuggling Goods Into the United States
4
Department of Justice. Administrative and Judicial Forfeiture
5
eCFR. 19 CFR 133.27 – Civil Fines for Those Involved in the Importation of Merchandise Bearing a Counterfeit Mark
6
Office of the Law Revision Counsel. 18 U.S. Code 983 – General Rules for Civil Forfeiture Proceedings
7
U.S. Customs and Border Protection. Seized Property – Status and Returns
8
Office of the Law Revision Counsel. 19 U.S. Code 1618 – Remission or Mitigation of Penalties
9
U.S. Customs and Border Protection. CBP Form 4609 – Petition for Remission or Mitigation of Forfeitures and Penalties
10
eCFR. 28 CFR Part 8 – Forfeiture Authority for Certain Statutes
11
U.S. Customs and Border Protection. Trusted Traveler Program Denials
12
Federal Trade Commission. Scammers Pretend to Be U.S. Customs and Border Protection