Experience
Makes the Difference
Whistleblower law and trade law are highly specialized. Your attorney should be, too.
Through the False Claims Act and its qui tam provision, anyone can bring fraud to the attention of the United States — and collect 15%-30% of a financial recovery. This incentive is uniquely suited to customs duty enforcement, for which the government’s ability to prosecute fraud cases greatly outstrips its ability to detect fraud in the first place.
Through false statements about country of origin, the duty rate applicable to particular goods, and a variety of other methods, companies great and small frequently shortchange the United States by underpaying customs duties. Enforcement agencies lack the resources to check each and every shipment of goods into the United States, and are forced in many instances to rely on companies’ representations. When company employees or even competitors become aware of large or systematic misrepresentations, bringing that information to the attention of the government can become a civic or personal responsibility. Doing so through the False Claims Act can provide protections and rewards.
An extremely unusual practice area calls for attorneys with unusual experience to match. False Claims Act practice is notoriously intricate and littered with pitfalls. Before taking action, consult an attorney — and consider whether the attorney’s experience matches your needs.
Contact Us
info@customsfraud.com
Please note — while this site is under construction, it is offered on an informational basis only. I may respond to inquiries, but not for the purposes of representing you in a legal capacity. Please do not provide me with information you expect me to keep confidential, and keep inquiries to general questions only.
More About the Law
Revitalized by Congress in 1986, the False Claims Act allows private individuals to file fraud cases on the federal government’s behalf. In exchange for coming forward with non-public information, such whistleblowers — called relators — stand to share in resulting recoveries.
It is a violation of the False Claims Act to knowingly avoid an obligation to pay the United States. When companies underpay customs duties, they typically accomplish that by misstating information in U.S. Customs import documents: value (“cost of goods”), country of origin, and classification (HTSUS) information.
No law can prevent retaliation, but the False Claims Act does protect individuals who investigate False Claims Act violations or try to stop them. Individuals who report information about underpayment or avoidance of customs duties can sue for retaliation for this conduct.
Ask Me Anything
I may know the answer — or I may be able to help you figure it out. While this website is under construction, I am not soliciting or advertising for business representing you, and will not agree to represent you if you contact me. I am nonetheless available to be contacted with non-confidential questions.