How to Reduce $5,000 CBP Fines – Understanding “Notice of Penalty 19 USC 1618 and 19 USC 1623”

A return trip from Mexico can quickly become a serious legal and financial matter when U.S. Customs and Border Protection (CBP) issues a Notice of Penalty for $5,000. These penalties can arise after a vehicle is inspected at a Southern California port of entry and CBP officers allege that an undocumented individual was concealed inside the vehicle.

Drivers encountering this situation may have crossed through San Ysidro, Otay Mesa, Calexico, or another U.S.-Mexico border crossing without knowing that another person was hidden in the vehicle. If you have received a CBP penalty notice, understanding the allegations and your response options is important before deciding how to proceed.

What Does a $5,000 CBP Penalty Mean?

Federal law authorizes CBP to impose civil monetary penalties for certain violations involving vehicles and the arrival of persons at U.S. ports of entry. Under 19 U.S.C. § 1436, a first qualifying violation may result in a $5,000 civil penalty, while subsequent violations can carry a $10,000 penalty. The law also addresses the potential seizure and forfeiture of vehicles or other conveyances involved in qualifying violations.

The circumstances behind each penalty are different. CBP may allege that a driver failed to properly report or present individuals arriving in the United States, including situations in which a person is discovered concealed in a trunk, cargo compartment or other area of a vehicle.

The specific allegations in the Notice of Penalty should therefore be carefully reviewed.

What If I Did Not Know Someone Was in My Vehicle?

One of the most important questions in these cases can be whether the driver knew that another person was concealed in the vehicle.

Some drivers report that they had no knowledge that anyone was hiding in their vehicle. In other situations, a person may have borrowed a vehicle from a relative, friend or acquaintance and may not have known what had occurred before they entered the vehicle and approached the border.

The facts surrounding the inspection, the driver’s knowledge, the vehicle’s ownership and other circumstances may all be relevant when determining how to respond to a CBP penalty.

Do I Have to Pay the Entire $5,000?

Receiving a $5,000 Notice of Penalty does not necessarily mean that the recipient should immediately pay the full amount without first examining the available options.

Depending on the circumstances, a CBP penalty may potentially be challenged, mitigated, reduced or otherwise resolved through the applicable administrative process. The options available to a particular individual depend on the notice itself, the legal provision cited by CBP, the underlying facts and the applicable procedures.

For that reason, it is important to review the notice carefully and pay attention to any response deadlines.

Can an Attorney Help Reduce a CBP Penalty?

Legal representation may be helpful when seeking a reduction or other resolution of a CBP penalty. An attorney can examine the allegations made by CBP, review the circumstances surrounding the border inspection and help determine an appropriate response.

San Diego Defenders / Forfeiture Law Firm represents individuals dealing with federal customs penalties and related forfeiture matters. Our attorneys have assisted clients seeking substantial reductions in CBP penalties, depending on the circumstances of their cases.

There is no guarantee that a penalty will be reduced or eliminated, and every case must be evaluated on its own facts. However, obtaining legal advice before responding can help you understand the process and the options that may be available.

What Should I Do After Receiving a CBP Notice?

Do not disregard the notice. Carefully review the allegations, the amount of the penalty and any deadline for responding.

You should also preserve documents and information relating to the border crossing, including the Notice of Penalty, vehicle ownership or borrowing information and any other paperwork provided by CBP.

Before paying a $5,000 penalty, consider having the notice reviewed by an attorney familiar with CBP penalties, customs enforcement and federal forfeiture matters. Early legal review may help identify potential issues with the government’s allegations and determine whether mitigation or another resolution may be available.

Talk to San Diego Defenders / Forfeiture Law Firm

A CBP penalty can have significant financial consequences, particularly when the recipient believes they had no knowledge that anyone was concealed in the vehicle. The circumstances of the border inspection matter, and the amount stated on the notice should not necessarily be viewed as the end of the process.

If CBP has issued you a $5,000 Notice of Penalty, San Diego Defenders / Forfeiture Law Firm can review your situation and explain potential options for responding.

Call or email us today for a FREE, CONFIDENTIAL consultation.