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

[lan at lwwhiteattorney.com]

Let's press rewind for a second. How can a check issued to a sub for work
performed (note the assumptions implicit in this) ever fall under money
laundering statues or an foreign transaction laws. Are you sure this isn't a
scam? 

Regards,
Lan White
(727) 797-5599
     

-----Original Message-----
From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Charles
B. Hernicz, Esq
Sent: Wednesday, June 04, 2014 4:49 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Contractor Check "Seized" by CBP

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

 


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