Compliance Mistakes Can Turn Criminal: Don’t Let This Happen to You | Customs & International Trade Law Blog

Many importers assume that customs compliance points are purely administrative and will be simply resolved. In actuality, customs legislation and legal legislation intersect much more typically than most corporations notice. What begins as a civil customs matter can escalate shortly right into a legal investigation when regulators suspect fraud, evasion, or willful misconduct.

When Customs Points Cross the Line

Most customs violations begin as a civil enforcement matter. Errors involving classification, valuation, nation of origin, or admissibility are sometimes addressed via a request for data (CBP 28), discover of motion (CBP 29), protest, prior disclosure, or penalty continuing. Nonetheless, when patterns emerge or when businesses consider false statements or deliberate schemes are concerned, the enforcement posture can change dramatically.

Federal businesses, together with U.S. Customs and Border Safety (CBP), Homeland Safety Investigations (HSI), and the Division of Justice (DOJ), routinely collaborate to analyze potential legal violations tied to import exercise. These investigations could concentrate on:

Undervaluation or misclassification to keep away from duties
False statements or omissions in entry documentation
Evasion of import restrictions or regulatory necessities
Coordinated schemes involving suppliers, brokers, or intermediaries

As soon as legal intent is suspected, importers could face subpoenas, search warrants, asset seizures, and even legal costs.

Elevated Give attention to Enforcement

The latest unstable tariff atmosphere has created elevated incentives to cheat the system. The U.S. authorities has made clear that it’s watching carefully.

In a Could 2025 memo, Matthew Galeotti, head of the DOJ’s Felony Division, named commerce and customs fraud as one of many high enforcement priorities in white-collar crime. The DOJ additionally expanded its Company Whistleblower Awards Pilot Program to incorporate customs fraud.

DOJ has repeatedly demonstrated a willingness to criminally cost unhealthy actors with customs fraud and has secured indictments and convictions towards a number of importers.

Whereas CBP hasn’t issued a proper enforcement priorities memo just like the DOJ, its latest public messaging leaves no room for doubt. In Could 2025, the company warned the pharmaceutical trade that undervaluing items quantities to commerce evasion. Moreover, a LinkedIn submit from the company said: “CBP targets and combats obligation evasion at each stage. Make no mistake – unhealthy actors violating U.S. commerce legislation might be recognized, investigated, and punished to the fullest extent of the legislation.”

Study Extra: Upcoming Webinar on Customs Enforcement and Felony Threat

DTL President Jennifer Diaz and Of Counsel Rick Quinn will discover these points in an upcoming webinar. Be part of us on February 25 for a reside webinar, “Customs & Felony Legislation – Case Research: Tobacco.”

This webinar takes a deep dive into the intersection of customs enforcement and legal legislation via the lens of a real-world tobacco-related case research. Tobacco imports are topic to a few of the most complicated, extremely regulated, and closely enforced guidelines in worldwide commerce.

Presenters will focus on:

Overview of tobacco import laws and why the product class carries heightened enforcement danger
How CBP identifies irregularities and the roles of key businesses in enforcement actions
The escalation pathway from civil customs violations to legal investigations
Frequent compliance failures in tobacco imports and the way importers can keep away from them
Methods for mitigating publicity
Sensible classes realized for importers and commerce professionals dealing with high-risk commodities

Who ought to attend?

Importers
Producers
Customs Brokers
Regulatory Affairs Professionals
In-house Authorized Counsel
Product Growth Managers
Others all in favour of FDA

REGISTER HERE.

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