TRADE-RELATED FALSE CLAIMS ACT

FCA Cases Involving Customs Violations: Case-to-Case Variations and Common Missteps Leading to Penalties

November 8, 2023 2:45pm

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?