Customs Duty Fraud

Customs Fraud is an example of a so-called “reverse” false claim under Section 3729(a)(1)(G) of the False Claims Act. That provision prohibits someone from knowingly making, using, or causing to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the Government. This law has been used successfully against foreign manufacturers, importers, distributors and shippers of foreign goods and merchandise into the United States, usually when they have tried to reduce or eliminate duties owed to the United States by committing Customs Fraud.

Customs Fraud

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1. Can you provide a few examples of what might amount to Customs Fraud?

Under reporting the true value imported goods and merchandise; falsifying the country of origin; and prematurely withdrawing goods and merchandise from a bonded-warehouse.

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