Fernando Mesa Valderrama v. United States, 417 F.3d 1189 (11th Cir. 2005). · Go Syfert
Fernando Mesa Valderrama v. United States, 417 F.3d 1189 (11th Cir. 2005). Cases Citing This Book View Copy Cite
Quick Summary

Section 983(e) is the exclusive remedy for challenging a nonjudicial civil forfeiture, and reasonable notice requires only that the government attempt to provide actual notice.

A Colombian citizen’s $100,000 check was seized by Customs and summarily forfeited after he failed to file a timely claim for judicial proceedings, despite receiving written notice of the seizure and published notice of the intent to forfeit. The question presented is whether the district court had jurisdiction to review the merits of the administrative forfeiture or to exercise equitable jurisdiction to set it aside. The court applies the rule that 18 U.S.C. § 983(e) is the exclusive remedy for challenging a nonjudicial civil forfeiture, and that reasonable notice requires only that the government attempt to provide actual notice, not that it prove success. Because the claimant received adequate notice and had an adequate remedy at law, the court affirms the dismissal of the motion to set aside the forfeiture.

189 citation events (189 in the last 25 years) across 29 distinct courts.
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Cited for
At page 1196 Limitation of judicial review of nonjudicial forfeiture actions41 citing cases“individuals whose property interests are at stake due to government actions are entitled to notice of the proceedings and an opportunity to be heard.”7 citing courts quote it
  • Roberts, No. 2:23-cv-01393 (W.D. Pa. Mar. 16, 2026).
    (Section 983(e) is 'the exclusive remedy for seeking to set aside a declaration of a forfeiture under a civil forfeiture statute')
  • Williams v. United States, No. 1:23-cv-20296 (S.D. Fla. June 5, 2023). 3 cites
    Mesa Valderrama v. United States, 417 F.3d 1189, 1194 (11th Cir. 2005) (““This court lacks jurisdiction to review the merits of administrative or nonjudicial forfeiture decisions, but does have jurisdiction over claims seeking review of th…
  • Mosby v. United States, No. 7:17-cv-00253 (E.D.N.C. Nov. 2, 2020).
    “18 u.s.c. 983(e) is the exclusive remedy available to persons challenging nonjudicial forfeiture actions providing relief only in instances where the injured party did-not. receive adequate notice to challenge the proce…”
  • Bautista v. Mayorkas, 644 F. Supp. 3d 748 (S.D. Cal. 2022).published
    “this court has determined that it lacks jurisdiction to review the 4 merits of administrative or nonjudicial forfeiture determinations.”
  • Atlas Conglomerate of Ridiculous Proportions LLC v. NFT Tech., Inc., No. 1:23-cv-22810 (S.D. Fla. July 11, 2025).
    Fla. Apr. 8, 2025) (Gold, J.) (quoting Mesa Valderrama v. United States, 417 F.3d 1189, 1196-97 (11th Cir. 2005)); see also United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 272 (2010) (“Espinosa's failure to serve United with a su…
  • MedEnvios Healthcare, Inc. v. United States Dep't of Health & Human Servs., No. 1:23-cv-20068 (S.D. Fla. Nov. 25, 2024).
    This Court previously held that MedEnvios has “a property interest in the funds subject to the extrapolated overpayment demands” and its “property interests are therefore at stake in this appeal of the [Defendant’s] overpayment demands.” (…
  • United States v. Kevin Hartley, No. 23-13626 (11th Cir. Aug. 7, 2024).unpublished 3 cites
    Mesa Valderrama v. United States, 417 F.3d 1189, 1196 (11th Cir. 2005).
  • MedEnvios Healthcare, Inc. v. United States Dep't of Health & Human Servs., No. 1:23-cv-20068 (S.D. Fla. Mar. 25, 2024).
    “The fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’” Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 (1965)). “[I]ndivid…
  • Zen Grp., Inc. v. State of Florida Agency for Health Care Administra, 80 F.4th 1319 (11th Cir. 2023).published 4 cites
    We have held that “individuals whose property interests are at stake due to government actions are entitled to notice of the proceedings and an opportunity to be heard.” Mesa Valderrama v. United States, 417 F.3d 1189, 1196 (11th Cir. 2005…
  • Williams v. United States, No. 1:23-cv-20296 (S.D. Fla. July 20, 2023).
    (Moreover, the Government notes that 18 U.S.C. § 983 (e)
Show 31 more citing cases
At page 1194 Analyzing jurisdiction over administrative forfeiture decisions29 citing casesThis court lacks jurisdiction to review the merits of administrative or nonjudicial forfeiture decisions, but does have jurisdiction over claims seeking review of the adjudicatory process itself.1 citing court put it this way
  • Williams v. United States, No. 1:23-cv-20296 (S.D. Fla. June 5, 2023). 3 cites
    (This court lacks jurisdiction to review the merits of administrative or nonjudicial forfeiture decisions, but does have jurisdiction over claims seeking review of the adjudicatory process itself.)
  • Fiona Blair v. President & Fellows of Harvard Coll., No. 25-11942 (11th Cir. Aug. 21, 2026).unpublished
    Mesa Val- derrma v. United States, 417 F.3d 1189, 1194 (11th Cir. 2005).
  • African People's Educ. & Def. Fund, Inc. v. Pinellas Cnty., No. 24-13547 (11th Cir. July 29, 2026).published
    A “[A]s a general matter the First Amendment prohibits government officials from subjecting an individual to retaliatory 1 We “review[] de novo a district court’s order of dismissal, accepting the alle- gations in the complaint as true and c…
  • Alice Guan v. Ellingsworth Residential Cmty. Ass'n, In, No. 22-13317 (11th Cir. June 23, 2025).unpublished
    Mesa Valderrama v. United States, 417 F.3d 1189, 1194 (11th Cir. 2005).
  • United States v. Kh'Lajuwon Murat, 132 F.4th 1347 (11th Cir. 2025).published
    We review questions concerning a district court’s subject matter jurisdiction de novo, Mesa Valderrama v. United States, 417 F.3d 1189, 1194 (11th Cir. 2005), and we may affirm for any reason the record supports, even if the district court…
  • United States v. Luis Raul Vicente Fonseca, No. 24-12677 (11th Cir. Feb. 5, 2025).unpublished
    “The subject matter jurisdiction of the district court is a legal question that this court reviews de novo.” Mesa Valderrama v. United States, 417 F.3d 1189, 1194 (11th Cir. 2005).
  • Bobby Edgar v. Marion Brunson, No. 24-10412 (11th Cir. Oct. 2, 2024).unpublished
    First, “[t]his court reviews de novo a district court’s order of dismissal, accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff.” Mesa Valderrama v. United States, 417 F.3d 11…
  • United States v. Andres Cabezas, No. 22-11566 (11th Cir. July 2, 2024).unpublished
    Mesa Valderrama v. United States, 417 F.3d 1189, 1194 (11th Cir. 2005).
  • Rachelle Aberman v. PNC Bank, No. 23-10182 (11th Cir. June 9, 2023).unpublished
    STANDARD OF REVIEW We review de novo a district court’s order of dismissal, “accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff.” Mesa Valderrama USCA11 Case: 23-10182 Docume…
  • Melanie Ortiz v. City of Miami, No. 22-11659 (11th Cir. May 15, 2023).unpublished
    STANDARD OF REVIEW We review de novo a district court’s order of dismissal, “accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff.” Mesa Valderrama v. United States, 417 F.3d 1…
Show 19 more citing cases
At page 1197 Determining reasonable notice and equitable jurisdiction standards25 citing cases“reasonable notice . . . requires only that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice.”6 citing courts quote it
Show 15 more citing cases
  • United States v. $1,827,242.65 of Funds Associated With Co. 1, No. 2020-2019 (D.D.C. Jan. 6, 2022).published
    Finally, the rule requires only “that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice.” United States v. $1,071,251.44 of Funds Associat…
  • United States v. $429,900.00 of Blocked Funds Associated With Ryer Int'l Trading, Ltd., No. 2020-2546 (D.D.C. Nov. 1, 2021).published
    But the rule requires only “that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice.” United States v. $1,071,251.44 of Funds Associated wi…
  • United States v. facemaskcenter.com, No. 2020-2142 (D.D.C. Apr. 22, 2021).published
    But the rule requires only “that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice.” United States v. $1,071,251.44 of Funds Associated wi…
  • United States v. 155 Virtual Currency Assets, No. 2020-2228 (D.D.C. Apr. 9, 2021).published
    But the rule requires only “that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice.” United States v. $1,071,251.44 of Funds Associated wi…
  • United States v. Three Hundred Three Virtual Currency Accounts, No. 2020-0712 (D.D.C. Feb. 19, 2021).published
    Adequate notice requires only “that the government attempt to provide actual notice; it does not require 6 that the government demonstrate that it was successful in providing actual notice.” $1,071,251.44 of Funds Associated with Mingzheng…
  • United States v. $6,999,925.00 of Funds Associated With Velmur Mgmt. Pte Ltd, No. 2017-1705 (D.D.C. Mar. 23, 2020).published
    G(4)(b)(iii)(A), Supplemental Rule G does not require that the Government “demonstrate that it was successful in providing actual notice.” United States v. $1,071,251.44 of Funds Assoc. with Mingzheng Int’l Trading Ltd., 324 F. Supp. 3d 38…
  • Dalembert v. United States, No. 0:19-cv-62250 (S.D. Fla. Mar. 20, 2020).
    Such jurisdiction “is only appropriate in exceptional cases where equity demands intervention.” Mesa Valderrama v. United States, 417 F.3d 1189, 1197 (11th Cir. 2005) (citation omitted).
  • United States v. Approximately $7,800.00 in U.S. Currency, No. 1:19-cv-00427 (E.D. Cal. Feb. 18, 2020).
    “Reasonable notice, 25 however, requires only that the [G]overnment attempt to provide actual notice; it does not require 26 that the [G]overnment demonstrate that it was successful in providing actual notice.” Mesa 27 Valderrama v. United…
  • United States v. $6,999,925.00 of Funds Associated With Velmur Mgmt. Pte Ltd, No. 2017-1705 (D.D.C. Mar. 22, 2019).published
    That said, Supplemental Rule G “requires that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice.” United States v. $1,071,251.44 of Funds…
  • United States v. $1,071,251.44 of Funds Associated With Mingzheng Int'l Trading Ltd., No. 2017-1166 (D.D.C. Aug. 15, 2018).published
    “Reasonable notice . . . requires that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice.” Mesa Valderrama v. United States, 417 F.3d 1189…
  • United States v. Lawrence Berry, Jr., 580 F. App'x 770 (11th Cir. 2014).unpublished
  • United States v. Quezada, 439 F. App'x 824 (11th Cir. 2011).unpublished
  • United States v. Brown, 185 F. Supp. 3d 79 (D.D.C. 2016).published
  • Cason v. Holder, 815 F. Supp. 2d 918 (D. Md. 2011).published
  • United States v. $8,040.00 United States Currency, No. 6:21-cv-06323 (W.D.N.Y. Feb. 3, 2022).
At page 1195 Determining exclusive remedy under civil asset forfeiture reform act14 citing cases“section 983(e) is the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute.”2 citing courts quote it · 13 listed here
Show 3 more citing cases
Retrieving the full opinion text from the archive…
Fernando MESA VALDERRAMA, Plaintiff-Appellant,
v.
UNITED STATES of America, Defendant-Appellee
04-14834.
Court of Appeals for the Eleventh Circuit.
Jul 22, 2005.
Published opinion
417 F.3d 1189
2005 U.S. App. LEXIS 14948
2005 WL 1703094
Gerson M. Joseph, Sandler Travis & Rosenberg, Plantation, FL, William Vito Roppolo, Jr., Baker & McKenzie, LLP, Miami, FL, for Plaintiff-Appellant., Madeleine R. Shirley, Anne R. Schultz, Asst. U.S. Atty., Jeanne M. Mullenhoff, Miami, FL, for U.S.
Dubina, Wilson, Coogler.
Cited by 103 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: S.D. California (1)
DUBINA, Circuit Judge:

Appellant, Fernando Mesa Valderrama (“Mesa”), appeals the district court’s order granting the Government’s Motion to Dismiss Mesa’s Motion to Set Aside Administrative Forfeiture, pursuant to 18 U.S.C. § 983(e). For the reasons that follow, we affirm.

I. background'

A. Facts

Mesa is a resident and citizen of Bogota, Colombia. In 1990, Mesa purchased three investment policies from Eagle Star International Life (“Eagle Star”). Eagle Star held the policies in accounts located on the Isle of Man. Mesa made annual contributions to the policies for over a decade, but in March 2002 he requested a partial withdrawal of $100,000 from his accounts. Pri- or to this request, Mesa had never withdrawn money from the accounts.

On or about April 18, 2002, Eagle Star informed Mesa that it would mail a check, drawn from JP Morgan Chase Manhattan Bank, for $100,000 to its office in Bogota, Colombia. Eagle Star shipped the check in an Airborne Express package addressed[*1192] to Jorge Santallana (“Santallana”), the Eagle Star registered agent in Bogota, Colombia. United States Customs officials in Miami, Florida, seized the check en route from the Isle of Man to Bogota, Colombia. According to the Government, Customs seized the check for an alleged violation of 18 U.S.C. § 1956, laundering of a monetary instrument.

On May 7, 2002, Mark F. Edwards (“Edwards”), an officer with the Customs Office of Fines, Penalties, and Forfeitures, sent written notice of the check’s seizure to Santallana. The notice identified the seized check as “one (1) Chase Manhattan Bank for $100,000, in U.S. Dollars” that was “subject to forfeiture under the provisions of [TJitle 18, United States Code, [SJection 981 for violation of [TJitle 18, United States Code, [SJection 1956 in that the monies are the proceeds of unlawful activity.” The notice informed Santallana that all correspondence must include the referenced seizure case number. The notice also detailed the legal options available in response to the seizure. Customs included in the notice important documents, such as an “Election of Proceedings” form. The notice instructed the recipient to check options 1 or 3 on the Election of Proceedings Form in order to contest the agency’s forfeiture action, and it advised the recipient that he had 35 days from the date of the letter to notify Customs of his decision. Option 1 in the Election of Proceedings form provided:

I REQUEST THAT U.S. CUSTOMS DELAY FORFEITURE PROCEEDINGS AND CONSIDER MY PETITION OR OFFER ADMINISTRATIVELY. My Petition or offer is attached herewith. By making this request I understand that I am giving up my right for the immediate commencement of administrative forfeiture proceedings as provided under 19 U.S.C. 1607 and 19 CFR Part 162. If administrative forfeiture has begun, it will be stopped until my petition or offer is considered. However, I understand that at any time I can request, in writing, that U.S. Customs begin administrative forfeiture proceedings and they will continue to consider my petition or offer. I also understand that at any time I can file a claim with U.S. Customs (as described in Box 3 below) and their consideration of my petition or offer will stop and the case will be sent to the U.S. Attorney for court action.

Option 3 provided:

I REQUEST THAT U.S. CUSTOMS SEND MY CASE FOR COURT ACTION. Please immediately send the case to the U.S. Attorney for court action. I have fully completed, signed and attached a SEIZED ASSET CLAIM FORM as required by law. I understand that if I have not fully completed this form, U.S. Customs will treat my submission as a petition for relief (as described in Box 1, above).

On May 31, 2002, Mesa responded to Customs’s letter, choosing option 1: filing an administrative petition to contest the forfeiture. On June 10, 2002, Mesa filed his administrative petition, in which he claimed that the funds in the accounts were not the proceeds of unlawful activity and requested the return of his check. Following a Customs’s investigation, in April 2003, Special Agent Daniel Flores (“Agent Flores”) of the Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) contacted Mesa. After some correspondence and conversation, including at least one in-person meeting, Mesa and Agent Flores agreed to a settlement whereby Mesa would waive his claim to $40,000 and the[*1193] Government would return $60,000. [1] Agent Flores informed Mesa that he would prepare the settlement agreement and send it to Mesa.

On June 30, 2003, United States Customs and Border Protection (“CBP”) sent Mesa a letter denying his request for administrative relief from forfeiture. At this time Mesa had not received a written settlement agreement from Agent Flores. The denial letter informed Mesa that administrative forfeiture proceedings would be initiated thirty days from the date of the letter. Mesa claims that he disregarded this letter because of his settlement agreement with Agent Flores. In August 2003, CBP sent Mesa another letter informing him that CBP would soon initiate summary forfeiture proceedings regarding Mesa’s check. However, the letter also advised Mesa that within 20 days from the time CBP first published notice of the proceedings, Mesa could elect to have the matter referred to federal court for judicial forfeiture proceedings. Again, Mesa disregarded the letter. Beginning on August 14, 2003, the Notice of Seizure and Intent to Forfeit the check was published in the Miami Daily Business Review for three successive weeks. On September 3, 2003, the check was summarily forfeited and a declaration of forfeiture against the check was issued the following day. After learning Mesa had obtained new counsel and receiving a request on Mesa’s behalf to reinstate the case and refer it to the United States Attorney for judicial forfeiture proceedings, on September 18, 2003, Customs sent Mesa’s attorney correspondence detailing the foregoing forfeiture proceedings and explaining that there was no basis to reinstate the case.

Although Customs had forfeited Mesa’s check, he believed that Customs would be unable to redeem the check because he had not endorsed it. Therefore, Mesa contacted Eagle Star and requested a new check. On or about November 25, 2003, however, Eagle Star informed Mesa by letter that pursuant to instructions received from Customs, Eagle Star could not issue a new check.

B. Procedural History

On March 22, 2004, more than six months after learning that Customs had administratively forfeited his check, Mesa filed a Motion to Set Aside Administrative Forfeiture, pursuant to 18 U.S.C. § 983(e) and 28 U.S.C. § 1331, in district court. In support of his motion, Mesa argued that:

1. The non-negotiable check was not subject to administrative forfeiture proceedings as a matter of law;
2. Customs’s warrantless seizure of the check violated the Fourth Amendment and applicable statutory authority;
3. Customs’s warrantless constructive seizure of the Accounts violated the Fourth Amendment and applicable statutory authority;
4. Customs failed to serve the statutorily mandated notice that it had seized the Accounts thereby violating the Fifth Amendment and rendering the forfeiture void ab initio;
5. Customs failed to serve the statutorily mandated notice that it had commenced summary administrative forfeiture proceedings, thereby violating the Fifth Amendment and rendering the forfeiture void ab initio.

[*1194] The Government filed a Motion to Dismiss, arguing that the court lacked subject matter jurisdiction to address Mesa’s first three arguments because a claimant may only raise procedural due process claims concerning an administrative forfeiture. The Government further alleged that Mesa’s fourth argument was subject to dismissal because Mesa received constructive notice of the constructive seizure of his accounts. The Government also claimed that it complied with all notice requirements regarding the administrative forfeiture of Mesa’s check, thus negating Mesa’s fifth argument. Lastly, the Government urged the district court not to exercise its equitable jurisdiction to consider the case because Customs did not seize the check in callous disregard of Mesa’s constitutional rights, and Mesa had an adequate remedy at law that he elected not to employ.

Mesa filed a motion in opposition to the Government’s Motion to Dismiss, claiming that judicial forfeiture was the only option for forfeiting the check because the unen-dorsed check was not a monetary instrument. Mesa also argued that Customs had constructively seized his funds, and he challenged Customs’s conclusion that the funds tied to the check were connected to illegal transactions for the exchange of United States currency for Colombian pesos.

After the government replied and Mesa filed a sur-reply, the district court issued a final order granting the Government’s Motion to Dismiss. Valderrama v. United States, 326 F.Supp.2d 1333, 1339 (S.D.Fla.2004). The district court concluded that it lacked subject matter jurisdiction over Mesa’s challenges to the legitimacy of the administrative forfeiture proceeding and the Government’s alleged warrantless seizure of his property. Furthermore, the district court found that Mesa could not contest the agency’s administrative forfeiture declaration because he had received adequate notice, but had failed to timely file a claim requesting initiation of a judicial forfeiture proceeding. As for Mesa’s constructive seizure claim regarding the account from which the seized check was drawn, the court found that even assuming Customs had constructively seized the account, it had done so only to protect its ability to redeem the seized check, and because the check had been forfeited, constructive seizure was no longer necessary. Mesa timely appeals the district court’s order.

II. ISSUE

Whether the district court properly concluded that it lacked subject matter jurisdiction and equitable jurisdiction to review Mesa’s challenges to the legitimacy of the administrative forfeiture proceeding.

III. STANDARDS OF REVIEW

This court reviews de novo a district court’s order of dismissal, accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff. Swann v. So. Health Partners, Inc., 388 F.3d 834, 836 (11th Cir.2004). This court lacks jurisdiction to review the merits of administrative or nonjudicial forfeiture decisions, but does have jurisdiction over claims seeking review of the adjudicatory process itself. See Arango v. U.S. Dep’t of the Treasury, 115 F.3d 922, 925 (11th Cir.1997). The subject matter jurisdiction of the district court is a legal question that this court reviews de novo. Fogade v. ENB Revocable Trust, 263 F.3d 1274, 1285 (11th Cm.2001). Finally, this court reviews de novo a district court’s determination of whether to exercise its equitable jurisdiction, as this too is purely a legal question. United [*1195] States v. Martinez, 241 F.3d 1329, 1330 (11th Cir.2001).

IV. DISCUSSION

In April 2000, Congress enacted the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”), Pub.L. No. 106-185, 114 Stat. 202, codified in part at 18 U.S.C. § 983, which overhauled procedures for most federal civil and nonjudicial forfeiture actions initiated after August 23, 2000, including those brought against property subject to forfeiture under 18 U.S.C. § 981. Customs initiated the forfeiture in this case after August 23, 2000, the date on which CAFRA became effective; hence, CAFRA governs. CAFRA sets forth the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute. 18 U.S.C. § 983(e)(5) (“A motion filed under this subsection shall be the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute.”). Thus, a party seeking to challenge a nonjudieial forfeiture that falls within CAFRA’s purview is limited to doing so under 18 U.S.C. § 983(e). Section 983 provides:

(1) Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person’s interest in the property, which motion shall be granted if—
(A) the Government knew, or reasonably should have known, of the moving party’s interest and failed to take reasonable steps to provide such party with notice; and
(B) the moving party did not know or have reason to know of the seizure within sufficient time to file a timely claim.

18 U.S.C. § 983(e)(1)(A).

A. The district court properly concluded that the court lacks subject matter jurisdiction

Mesa contends that he is not challenging Customs’s forfeiture decision on the merits. Instead, he asserts two reasons why the district court erred when it found that it did not have jurisdiction to entertain his Motion to Set Aside Forfeiture. First, according to Mesa, Customs’s summary forfeiture of the check was unlawful because a non-endorsed check is not a monetary instrument or any other kind of property that may be summarily forfeited in an administrative forfeiture under 19 U.S.C. § 1607. [2] Mesa asserts that the district court has federal question jurisdiction as well as equitable jurisdiction to consider this issue pursuant to 5 U.S.C. § 706(2), authorizing reviewing courts to hold unlawful and set aside agency action that is contrary to the law or in excess of statutory jurisdiction, authority, or limitations. Second, Mesa contends that the funds in his Eagle Star account should not have been forfeited because Customs nev[*1196] er provided him with the statutorily required written notice that the funds were seized, nor did it make any reference to said funds when it published its intent to summarily forfeit Mesa’s check.

The Government responds that the district court properly dismissed Mesa’s Motion to Set Aside Forfeiture because it did not have jurisdiction to consider Mesa’s challenges to the merits of the forfeiture action in the context of a motion to set aside the administrative forfeiture action. If Mesa had wanted to challenge the validity of the agency’s seizure and forfeiture of the check, the Government contends he was required to file a claim and request the initiation of a civil judicial forfeiture proceeding. Moreover, the Government notes that 18 U.S.C. § 983(e) is the exclusive remedy available to persons challenging nonjudicial forfeiture actions providing relief only in instances where the injured party did not receive adequate notice to challenge the proceeding and the record shows Mesa received notice in sufficient time to challenge the proceeding and acknowledges receiving such notice. Therefore, the Government argues, Mesa is not entitled to relief. We agree with the Government.

Section 983(e) is “the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute.” 18 U.S.C. § 983(e)(5). This court has determined that it lacks jurisdiction to review the merits of administrative or nonjudicial forfeiture determinations. See Arango, 115 F.3d at 925. Instead, the court’s review “is limited to determining whether the agency followed the proper procedural safeguards” in forfeiting Mesa’s check. See Scarabin v. Drug Enforcement Admin., 919 F.2d 337, 338 (5th Cir.1990) (noting that review of administrative forfeiture is limited to review of the procedure); see, e.g., United States v. McGlory, 202 F.3d 664, 670 (3d Cir.2000); Boero v. Drug Enforcement Admin., 111 F.3d 301, 304-05 (2d Cir.1997); United States v. Deninno, 103 F.3d 82, 84 (10th Cir.1996); United States v. Giraldo, 45 F.3d 509, 511 (1st Cir.1995); cf. In re Matter of $67,470.00, 901 F.2d 1540, 1545 (11th Cir.1990) (holding that equitable jurisdiction may be appropriate if the claimant’s “failure to properly seek legal relief resulted from errors of procedure and form or the government’s own misconduct”). Thus, the district court correctly determined that it did not have jurisdiction to consider Mesa’s challenges to the merits of Customs’s forfeiture of the check.

This court will not consider Mesa’s argument that Customs lacked authority to administratively forfeit the unendorsed check because it did not qualify as a monetary instrument under 19 U.S.C. § 1607: this is not a challenge to the process of forfeiture; rather, it is a challenge to the merits. Section 983(e) provides his exclusive remedy to challenge the administrative forfeiture. The only issue this court can consider is whether Mesa received the appropriate notice in sufficient time to contest the agency’s action of summarily forfeiting the check. And, the record clearly demonstrates that Mesa received the appropriate notice of the seizure and the summary forfeiture actions taken by Customs.

Furthermore, individuals whose property interests are at stake due to government actions are entitled to notice of the proceedings and an opportunity to be heard. See Dusenbery v. United States, 534 U.S. 161, 167-68, 122 S.Ct. 694, 699-700, 151 L.Ed.2d 597 (2002). The notice necessary to satisfy due process requires only that interested persons be given “notice reasonably calculated, under all the circumstances, to apprise interested par[*1197] ties of the pendency of the action and afford them an opportunity to present their objections.” Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950). Reasonable notice, however, requires only that the government attempt to provide actual notice; it does not require that the government demonstrate that it was successful in providing actual notice. Dusenbery, 534 U.S. at 170, 122 S.Ct. at 701. Here, the Government’s notice was reasonable and comported with statutory and due process requirements. [3]

B. Equitable jurisdiction

Mesa also challenges the district court’s failure to invoke its equitable jurisdiction to consider his claims. “The [court’s] decision to invoke equitable jurisdiction is highly discretionary and must be exercised with caution and restraint.” In re Matter of $67,470.00, 901 F.2d at 1544. “Such jurisdiction, therefore, is only appropriate in exceptional cases where equity demands intervention.” Id. The court is guided by several considerations in deciding whether to exercise equitable jurisdiction: “(1) whether the government agents seized the property in callous disregard for the constitutional rights of the petitioner; (2) whether the petitioner has an individual interest in and need for the material he seeks to have returned; (3) whether the petitioner would be irreparably injured by denial of the return of the property; and (4) whether the petitioner has an adequate remedy at law.” Id. at 1545 (quotation omitted).

The district court did not err in refusing to exercise its equitable jurisdiction in this case. Mesa received all the required notice in this case in sufficient time to challenge the forfeiture proceeding. “It is inappropriate for a court to exercise equitable jurisdiction to review the merits of a forfeiture matter when the petitioner elected to forego the procedures for pursuing an adequate remedy at law.” Id. at 1545. Consequently, because the Customs’s forfeiture proceeding provided a sufficient legal basis to contest forfeiture of the check, Mesa is not entitled to equitable relief. See United States v. Eubanks, 169 F.3d 672, 673-74 (11th Cir.1999); In re Matter of $67,470.00, 901 F.2d at 1545 (“Although such jurisdiction might be appropriate when a petitioner’s failure to properly seek legal relief resulted from errors of procedure and form or the government’s own misconduct, it cannot be used to enable a petitioner to rescind his own choice as to which avenue of relief to pursue.”). [4]

C. Constructive seizure of the account

The district court correctly determined that the Government constructively seized the accounts only to protect its abili[*1198] ty to redeem the seized cheek. Thus, the district court properly entered an order stating that the accounts are no longer seized. The court’s order specifically provides that “the Government shall promptly notify Eagle Star International Life that any remaining assets in Plaintiffs accounts are no longer subject to constructive seizure.” Any challenge Mesa makes regarding the constructive seizure of his accounts is now moot.

V. CONCLUSION

For the foregoing reasons, we affirm the district court’s order granting the Government’s Motion to Dismiss.

AFFIRMED.

1

. The Government denies that the parties finalized a settlement agreement. According to the Government, Agent Flores informed Mesa that the settlement agreement could not be finalized without Agent Flores's supervisor’s approval.’ Agent Flores subsequently learned he did not have authority to settle.

2

. Pursuant to 19 U.S.C. § 1607(a)(4), if

such seized merchandise is any monetary instrument within the meaning of section 5312(a)(3) of Title 31; the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.

“Monetary instruments” pursuant to 31 U.S.C. § 5312(a)(3)(C) includes “checks, drafts, notes, money orders, and other similar instruments which are drawn on or by a foreign financial institution and are not in bearer form.”

3

. As for Mesa’s arguments regarding the Administrative Procedures Act, he failed to raise this challenge in the district court. Consequently, absent a showing of plain error, of which this court finds none, the court will not consider this challenge. See United States v. Pease, 240 F.3d 938, 943-44 (11th Cir.2001).

4

. Furthermore, as the Government notes, assuming arguendo that some other vehicle provided jurisdiction to the court, Mesa still would not be entitled to relief. Mesa's principal argument is that Customs exceeded its authority in initiating a nonjudicial forfeiture proceeding and ultimately forfeiting the check. According to Mesa, Customs's authority is limited by 19 U.S.C. § 1607 as to the types of property that it can forfeit administratively. Mesa’s argument ignores the fact that Customs brought the forfeiture action in his case pursuant to 18 U.S.C. § 981. Customs was not confined to administratively forfeiting only the types of property identified in 19 U.S.C. § 1607 when it seized the unen-dorsed check under 18 U.S.C. § 981, based on violations of 18 U.S.C. § 1956.