Thursday, February 16, 2012

U.S. Customs and Border Protection Wants Discretion to Eliminate Newspaper Notice

(Scott Meiner — Hawaii News Daily)

U.S. Customs and Border Protection is seeking authority to eliminate requirements that it post notice of seizures in local and port newspapers. Current regulations require “administrative seizure and forfeiture notices for at least three successive weeks in a newspaper circulated at the customs port and in the judicial district where CBP seized the property.”

Additionally, CBP is required to attempt to notify all known parties-in-interest in advance of publication. However, attempting to notify known parties doesn’t require that the parties actually be notified. Dusenbery v US – 534 U.S. 161 (2002) It requires taking steps “reasonably calculated” to achieve notification.

Under CBP’s proposal, public notice would be satisfied by posting forfeiture updates on the Department of Justice’s forfeiture web site, www.forfeiture.gov, in lieu of newspapers. Read more here.