AMB 7200 Asset Seizures

Question 1

Define a Seizure

Answer 1

the “arrest” of seized property as addressed in the Fourth Amendement
Initiates a judicial process

1. Government
2. Interference with
3. Freedom of movement that reasonable person would not walk away
4. Government
5. Interference with
6. Possessory right or interest

Question 2

What are the timeframes associated with seized property?

Answer 2

Within 24 hours of seizure = creation/completion of forms
1. Create incident in SEACATS (complete within 24 hours)
2. Complete form 6051S
3. Complete form 58 for conveyance seizures
4. Complete FinCEN from 105 for cash seizures

3 calendar days = (if appropriate storage facility availability) high risk property transfer of seized property to case agent of FPF (Fines, Penalties, and Forfeitures)
1. Narcotics/controlled substances
2. Currency
3. Monetary instruments
4. Weapons and ammunition

5 business days = general property to case agent or FPF
1. All other forfeitable and non-forfeitable property

Question 3

Who should be notified of all seizure incidents to determine if there will be any criminal prosecution?

Answer 3

HSI (Homeland Security Investigations)

Question 4

AMO agents have authority to seize property under what 6 categories?

Answer 4

1. Importation of merchandise contrary to law (ie. Controlled substances, stolen goods, good stuff, smuggled merchandise)
2. Intellectual property rights violations (ie. Counterfeit trademarks, copyrights)
3. Conveyances used to import merchandise contrary to law
4. Culturally property (ie. Archaeological materials)
5. Arms, munitions, and defense articles exported illegally
6. CMI (currency and monetary instruments) being imported/exported contrary to law

Question 5

How is evidence integrity maintained?

Answer 5

Form 6051S signed for chain of custody

Question 6

How should bags/boxes be labeled and sealed?

Answer 6

In accordance with CBP policies

Question 7

How are evidence bags/boxes secured against evidence tamper?

Answer 7

They are properly sealed and signed

Question 8

What two numbers are generated by the SEACATS report that must be entered on form 6051S?

Answer 8

The incident number

FPF (fines, penalties, and forfeiture) number

Question 9

What items entered in the incident report must also be entered on the form 6051S?

Answer 9

Line item number
Description
Quantity and units of measurements in Kilograms
Number of packages and package type
FDIN