[CLC-Discussion] Contractor Check "Seized" by CBP

[Charles B. Hernicz, Esq]

OK, I'm not too proud to admit that this is the first time in nearly 30
years of practice that this issue has hit my desk (such a protected
existence I've led).  My GC client issued payment to a sub for work
performed for $9,994 on April 4, 2014.  A few weeks letter, the sub called
and said he had lost the check and asked for a new check to be issued.  The
GC checked its bank records, the check had not been paid, so they put a pay
hold on that check and reissued the check to the sub on May 5, 2014
(annotating on the check that it was a replacement for the lost check).
Yesterday the GC receives a letter dated June 2 from the US Customs and
Border Protection saying that on April 5, it seized the check for $9,994 to
the sub and the check is subject to forfeiture for unlicensed money
transmitting.  The letter has a laundry list of options: Petition, offer in
compromise, abandon, court action, release on payment, take no action.  That
check was cancelled IAW law and is now worthless, right?  Can anyone help??
Much appreciated.

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar           
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com