Being charged with violating a U.S. customs law or arrested for a customs-related crime, such as importing stolen goods or filing a fraudulent Customs form, is an extremely serious matter. Both the individuals responsible for business operations, as well as the company itself, can face exceptionally serious legal consequences if convicted -- including paying a very large monetary fine and/or serving a prison sentence that can span many years.
One Circumstance Can Be a Violation of Several Distinct Federal Laws as well as Agency Rules and Regulations
The federal government is swift in its pursuit of customs violations, both civil and criminal in nature, and its enforcement focus has only increased since 9/11. Adding to the seriousness of the situation is the ability of the federal government to charge the violator under a variety of federal statutes, and their accompanying case law.
These include federal statutes 18 USC §§541 - 553, which criminalize a variety of import activities, including falsely classifying goods; making false statements to officials for benefit or gain; and underpaying duty. These statutes each set a range of penalties, from seizure of the goods to imprisonment of 2+ years, per violation. Crimes involving the exporting of goods are covered, for the most part, by the Export Administration Act, 50 U.S.C. App. §2410, which punishes violations with fines of up to $1 million as well as lengthy incarcerations of up to 10 years per violation.
Violation of Other Government Agency Rules and Regulations
All imports are subject to the requirements of US Customs and Border Patrol; however, many products must also meet the standards established in the regulations of over 40 other federal agencies. U.S. Customs enforces these regulations, as well as its own, at the port of entry. Violating any of the rules and regulations can result in both civil and criminal proceedings against the company, as well as its individual personnel.
OGA Regulations
Other government agency (OGA) regulations impacting imports cover an enormous range of governmental concerns, from controlling against outbreaks of disease to monitoring the transportation of hazardous materials, to protecting the environment. Understandably, the legalities of importing goods are extremely complex, with importers required to know, and meet, the latest requirements of such agencies as:
- The Food and Drug Administration, as part of the Department of Health & Human Services;
- The Drug Enforcement Administration, as part of the Department of Justice;
- The Food Safety and Inspection Service, as part of the Department of Agriculture;
- The Animal and Plant Inspection Service, as part of the Department of Agriculture;
- the Bureau of Alcohol, Tobacco & Firearms, as part of the Department of Justice;
- The National Highway Traffic Safety Administration, as part of the Department of Transportation;
- The Pipeline and Hazardous Materials Pipeline Safety Administration, as part of the Department of Transportation;
- The Environmental Protection Agency as part of the Department of Energy;
- The Consumer Product Safety Commission as part of the Department of Treasury; and
- The Center for Disease Control as part of the Department of Health & Human Services.
With this ever-evolving spider web of law, rule, and regulation that brings with it severe monetary fines as well as possible criminal incarceration for their violation, having a legal professional available to assist in making trade decisions is both prudent and responsible for every size of importer, as well as their business partners.
Fuerst Ittleman Assists Clients in Proactively Avoiding Customs Violations
With its broad-based international business acumen, Fuerst Ittleman recognizes that occasions arise when desired, profitable business activities may have possible civil or criminal legal implications. It is not unusual for importers and exporters to face situations where the optimal business decision may arguably clash with a federal requirement.
In these instances, Fuerst Ittleman counsels and assists businesses in how best to maximize profit while avoiding violations of export controls, environmental regulations, tax laws, customs laws, licensing and code concerns, compliance issues, trade sanctions matters, and other areas of white collar defense.
Fuerst Ittleman Advocates for Clients Facing Allegations of Customs Law Violation
If necessary, Fuerst Ittleman advocates for clients with federal authorities on these issues, representing both domestic and foreign corporations, their directors, officers, and other personnel. Fuerst Ittleman’s representation involves not only representing its client’s interests during any investigation, but also in assisting in any defense effort related to multi-jurisdictional criminal investigations or prosecutions in the United States, Central America, Latin America, and elsewhere.
