Customs Fraud

March 28, 2016

Tennessee-based defense contractor Kilgore Flares Company and one of its subcontractors, New York-based ESM Group Inc., agreed to pay $8 million to resolve charges they violated the False Claims Act by selling defective and illegally imported infrared countermeasure flares to the U.S. Army and, for ESM, knowingly evading U.S. customs duties.  The allegations first arose in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Reade Manufacturing Company, a domestic manufacturer of magnesium powder which is used in the flares.  The company will receive a whistleblower award of $400,000 from the proceeds of the government’s recovery from ESM.  Whistleblower Insider  

February 22, 2016

Pennsylvania-based importers Ameri-Source International Inc., Ameri-Source Specialty Products Inc., Ameri-Source Holdings Inc., their owners, Ajay Goel and Thomas Diener, and the related importer, SMC Machining LLC agreed to pay $3 million to resolve charges they violated the False Claims Act by engaging in a scheme to evade customs duties on imports of small-diameter graphite electrodes from China.  According to the government, Ameri-Source evaded antidumping duties on 15 shipments of the electrodes by misclassifying the size of the electrodes to avoid paying the duties, which do not apply to larger diameter graphite electrodes.  The allegations originated in a whistleblower lawsuit filed by Graphite Electrode Sales Inc. under the qui tam provisions of the False Claims Act.  The company will receive a whistleblower award of approximately $480,000 from the proceeds of the government’s recovery.  Whistleblower Insider

December 21, 2015

Texas-based University Furnishings LP and its general partner, Freedom Furniture Group Inc., agreed to pay $15 million to settle charges they violated the False Claims Act by making false statements to avoid paying duties on wooden bedroom furniture imported from China.  According to the government, between 2009 and mid-2012, University Furnishings misclassified wooden bedroom furniture on documents presented to U.S. Customs and Border Protection (CBP) to avoid paying antidumping duties on imports of wooden bedroom furniture manufactured in China.  The companies allegedly classified the furniture as office and other types of furniture not subject to duties while selling the furniture in the student housing market for use in dormitory bedrooms.  The allegations originated in a whistleblower lawsuit brought by University Loft Company under the qui tam provisions of the False Claims Act.  University Loft will receive a whistleblower award of $2.25 million from the proceeds of the government’s recovery. DOJ

September 4, 2015

Robert Wingfield and Bill Ma agreed to pay $385,000 and $50,000, respectively, to resolve allegations they violated the False Claims Act by engaging in a scheme to evade customs duties on imports of aluminum extrusions from China.  Wingfield was the US sales representative for Tai Shan Golden Gain Aluminum Products Ltd., the Chinese company that exported the aluminum extrusions in this case.  According to the government, Wingfield conspired with domestic importers to submit false information to the government to evade duties, and Ma later formed a company, Northeastern Aluminum Corp., to act as the importer of record for the goods in an attempt to shield the real importers from liability.  The allegations originated in a whistleblower lawsuit filed by James F. Valenti Jr. under the qui tam provisions of the False Claims Act.  Valenti will receive a whistleblower award of approximately $79,000.  DOJ

February 12, 2015

Three importers agreed to pay more than $3M to resolve allegations they violated the False Claims Act by lying to US Customs and Border Protection agents to evade customs duties on imports of aluminum extrusions from China.  The companies, which included California-based C.R. Laurence Co. Inc., Florida-based Southeastern Aluminum Products Inc.and Texas-based Waterfall Group LLC, sell shower doors and shower enclosures made with the aluminum extrusions.  The charges were first raised in a whistleblower lawsuit brought by James F. Valenti Jr. under the qui tam provisions of the False Claims Act.  He will receive a whistleblower award of $555,000.  DOJ

November 14, 2013

Basco Manufacturing agreed to pay $1M to resolve allegations that it violated the False Claims Act by making false customs declarations to avoid paying duties on products imported from a Chinese manufacturer, and that it has filed a complaint against four other companies and two individuals based on similar allegations. The allegations were first raised in a qui tam lawsuit filed under the whistleblower provisions of the False Claims Act. DOJ