U.S. Customs Agents Wrongfully Seized Nurse’s Money, Class Action Says

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Last week, a class action lawsuit was filed against U.S. Customs and Border Protection, its commissioner, and the United States of America over allegations customs agents wrongfully seized a significant amount of money from a nurse who was traveling to Nigeria.

Plaintiff Anthonia Nwaorie says she was traveling to the West African nation with more than $41,000 in cash that she planned to use to start a medical clinic for women and children. According to the class action lawsuit, the U.S. customs agents refused to return the cash unless she signed a waiver.

Nwaorie accuses the defendants of violating the Civil Asset Forfeiture Reform Act (CAFRA) and says they violated her 5th Amendment right to due process.

According to the class action lawsuit, Nwaorie was born in Nigeria and moved to the United States in 1982. She earned her nursing license shortly thereafter and became a U.S. citizen in 1994. She currently resides in Katy, Texas.

Nwaorie says she was at Houston’s George Bush Intercontinental Airport on Oct. 31, 2017, preparing to board a flight to Nigeria when she was detained by CBP officers. They seized $41,377 in cash that she was carrying, claiming she violated currency reporting requirements.

She says she was aware of the currency reporting requirements for travelers entering the United States, but she was not aware of the requirements for travelers departing the country. She did not see any signs or hear any announcements at the airport that would have informed her of the currency reporting requirements.

According to the class action lawsuit, Nwaorie received a CAFRA seizure notice from CBP and timely submitted a claim under the law on Dec. 12, 2017. She says she requested the CBP refer the case to the U.S. Attorney’s Office (USAO) so that she could have a judicial forfeiture proceeding instead of an administrative forfeiture proceeding.

“The USAO declined to pursue forfeiture of the seized cash and the government failed to timely file a forfeiture complaint within the 90-day period required under CAFRA,” Nwaorie alleges in the class action lawsuit. “At this point, CAFRA automatically required that CBP ‘promptly release’ the seized property.”

Instead of promptly releasing the cash they seized from Nwaorie, she alleges she was sent a letter dated April 4 that conditioned the return of the seized money on Nwaorie signing a form that would waive her constitutional and statutory rights.

The letter informed her that she had 30 days to sign the waiver, or “administrative forfeiture proceedings will be initiated.” If she signed the waiver, the letter reportedly said, she would be mailed a check for the full amount of the seized cash in eight to 10 weeks.

Nwaorie asserts that the defendants’ policy or practice exceeds their statutory authority and violates CAFRA, and that it imposes unconstitutional provisions that violate the Due Process Clause of the 5th Amendment.

She seeks immediate return of the $41,377 that was seized from her, plus interest. She also seeks to represent a Class of other travelers whose property was seized by CBP under circumstances that allegedly violate CAFRA and/or the travelers’ 5th Amendment rights to due process.

Nwaorie is represented by Dan Alban and Anya Bidwell of Institute for Justice.

The U.S. Customs Money Seizure Class Action Lawsuit is Anthonia Nwaorie v. U.S. Customs and Border Protection, et al., Case No. 4:18-cv-01406, in the U.S. District Court for the Southern District of Texas, Houston Division.