TRADE-RELATED FALSE CLAIMS ACT
FCA Cases Involving Customs Violations: Case-to-Case Variations and Common Missteps Leading to Penalties
Jeremy Page
Partner
Page Fura, P.C.
Tirzah Lollar
Partner
Arnold & Porter Kaye Scholer LLP
Richard B. Roper
Partner
Holland & Knight LLP
Olga Torres
Managing Member
Torres Trade Law, PLLC
Shara L. Aranoff
Partner
Covington & Burling
On February 7, 2023, the U.S. Department of Justice (“DOJ”) announced that settlements and judgements under the False Claims Act (“FCA”) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the second-highest number of settlements and judgments for any given year in FCA history. How can importers avoid costly FCA penalties and build such measure into their existing import compliance programs?
- HTS classification pitfalls
- Internal protocols around whistleblowers
- Private party trade enforcement dynamics
- “Reverse false” claims
- Anticipated increased enforcement dynamics
- For companies aware of potential Customs or other trade violations, what are the potential benefits of submitting voluntary disclosures to the government?