Customs Fraud

September 12, 2019

Italian textile company Miroglio Textile S.R.L. and its U.S. affiliate Miroglio Textiles USA, Inc. will pay $650,000 to resolve charges brought in a whistleblower action alleging that the companies fraudulently reduced their obligation to pay customs duties on fabrics, decals, and other products sold by the Italian company to U.S. customers. Without any bona fide business justification, the companies reported the imports as sales from the Italian company to the U.S. affiliate at discounted prices, and used those discounted prices as the basis to calculate duties.  These sales were shams, and Miroglio misrepresented their nature, and the relationship between the entities, in certifications to Customs & Border Protection.  USAO SDNY

June 6, 2019

Joseph Bailey, the CEO of NYC-based children's clothing companies Stargate Apparel, Inc. and Rivstar Apparel, Inc., has been arrested, and the government has filed a civil complaint in intervention against all three, arising from their alleged actions in falsifying records regarding the value of goods imported to the U.S. in order to evade customs duty payment obligations.  Defendants allegedly engaged in double-invoicing schemes whereby a Chinese manufacturer would provide both a "pay by" invoice with the actual price, and a second, lower invoice, to be presented to Customs and Border Protection, or a "commercial invoice" and a second "sample invoice" in a larger amount, because sample goods are not subject to customs duties.  The schemes were first brought to the attention of federal law enforcement by a whistleblower who filed a lawsuit under the False Claims Act. USAO SDNY

May 13, 2019

British fashion company Selective Marketplace Ltd., which sells products in the U.S. under its brand names Wrap London and Poetry, will pay $610,000, to resolve a whistleblower suit under the False Claims Act alleging that it improperly broke up U.S.-bound orders into multiple shipments in order to keep the shipment values below the $200 limit that would obligate the payment of customs duties.  The whistleblowers, Kristin and Stephen Vale, will receive a share of the settlement proceeds.  USAO ME

April 9, 2019

Univar USA, Inc. has agreed to pay $62.5 million to settle claims that it engaged in unlawful transshipment of saccharin manufactured in China in order to evade antidumping duties.  Univar purchased the saccharin from a supplier in Taiwan, but was alleged to be grossly negligent or negligent in failing to identify that the Taiwan-based company was not the manufacturer, but simply had imported the saccharin from China for transshipment to the U.S.  Univar allegedly evaded $36 million in antidumping duties.  DOJ

Pure Collection - Customs Fraud ($908,100)

Constantine Cannon represented a whistleblower in a False Claims Act case alleging Pure Collection avoided paying U.S. customs duties on its goods shipped from the United Kingdom. In February 2018, the company agreed to pay $908,100 to settle the matter.  Our client received a whistleblower award of 18% of the government's recovery.  Read more -- Financial Times, DOJ, PR Newswire, CC.

September 10, 2018

Michael Brian Anderson, a shrimper and fisherman, has been sentenced to 77 months in prison for defrauding Customs & Border Protection (CBP), after earlier being convicted of false statements, mail fraud, and money laundering. Under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), federal subsidies are made available to American shrimpers to offset revenue lost to competitors in the global marketplace. As a domestic shrimper, Anderson was eligible to apply for the subsidies but fraudulently inflated his expenses to more than $24 million for a two year period. He then received $800,00 in subsidies, which he used to purchase boats, real estate, and stocks. In addition to his prison sentence, he is now due to pay restitution to CBP for $818,234. USAO SDGA

June 27, 2018

The government settled fraud charges under the False Claims Act against Temple St. Clair LLC for allegations of systematically avoiding payment of customs duties on goods it imported from various countries including Thailand, Sri Lanka, and Italy. Temple St. Clair allegedly perpetuated the fraud by claiming the good it imported were of a lower value than the true value. Other Temple St. Clair employees also allegedly hand-carried jewelry into the United states without declaring it to Customs and Border Patrol. Temple St. Clair agreed to pay $796,000 to resolve the allegations and institute a number of changes to its practices. USAO SDNY