How import cases tend to start
Most import fraud allegations involve how goods were described at entry, usually their value, their classification, or their country of origin. Routing goods through a third country to avoid duties or antidumping orders is a frequent focus, as are invoices that understate what the buyer actually paid. U.S. Customs and Border Protection can open an inquiry through a request for information, an audit, or a penalty notice, and some matters are referred to Homeland Security Investigations or prosecutors. Competitors and former employees increasingly bring whistleblower suits under the False Claims Act, which the Justice Department can join. Tariff rules have also changed sharply, including court rulings on certain tariffs, so the duties that applied to a particular entry need to be confirmed.
Getting your import records in order
Gather entry documents, commercial invoices, purchase orders, payment records, and your communications with suppliers and customs brokers. Check whether the information your broker filed matches what you actually paid and where the goods were actually manufactured. Preserve email and messaging accounts used to deal with suppliers, including any on personal phones. Do not ask suppliers to issue new or revised invoices for past shipments. If you discover errors before CBP raises them, a formal disclosure process exists that can reduce penalties, but it has strict requirements and its timing matters.
What we sort through first
Our first step is identifying which agency is involved and whether the matter is civil, criminal, or both. Customs penalties depend heavily on the level of culpability the government can show, so the facts about who knew what, and when, carry real weight. We review your entries and compare them against the records that support them. If a whistleblower suit is suspected, we explain how those cases proceed and what to expect if the government intervenes. We also look at whether brokers, suppliers, or affiliates should have separate counsel.
