Becerra Law, P.A. gets Auto Parts Importer's Parts Back from U.S. Customs After Seizure in Jacksonville
Becerra Law filed Complaint for Return of Property in Federal Court
However, instead of immediately commencing judicial forfeiture proceedings, CBP sat on the seizure for six months without taking any action, all the while depriving AMG of its genuine auto parts, for which AMG had already paid the Omani distributor. At wit's end, AMG hired Robert J. Becerra of Becerra Law P.A. in January 2017 to assist its Customs counsel to get the parts back from the Government.
Becerra Law filed a Complaint for Return of Property on behalf of AMG in federal court against CBP and the federal government, stating, among other things, that the deprivation of AMG's property was unconstitutional in that it deprived AMG of its property without due process of law. This strategy was vindicated, as the federal government settled with AMG, prior to even filing a response to AMG's lawsuit, returning each and every seized part back to AMG by May 2017. In return, AMG agreed to dismiss its lawsuit. AMG believes this was a just result, since the parts were not counterfeit, but genuine Nissan parts. AMG is of the opinion manufacturers do not want their genuine parts distributed through "grey market" channels and therefore may cause CBP to seize them based on vague claims that the parts are counterfeit.
The case was styled, AMG Trade & Distribution LLC v. United States, et al., Case No. 8:17-cv-80-T-
Robert J. Becerra of Becerra Law, P.A. is a Florida Bar Board Certified Expert in International Law. His practice includes civil and criminal litigation involving international trade, representing exporters, importers and logistics providers in international trade disputes and actions involving governmental entities.
Becerra Law, P.A.'s website can be found at www.rjbecerralaw.com.