Customs Fraud

January 11, 2017

Volkswagen AG agreed to plead guilty to three criminal felony counts and pay a $2.8 billion criminal penalty as a result of the company’s long-running scheme to sell approximately 590,000 diesel vehicles in the U.S. by using a defeat device to cheat on emissions tests mandated by the Environmental Protection Agency and California Air Resources Board, and lying and obstructing justice to further the scheme. In separate civil resolutions of environmental, customs and financial claims, VW also agreed to pay $1.5 billion for a total payout of $4.3 billion in criminal and civil penalties. DOJ

September 30, 2016

Daniel Scott Goldman and his companies, Ecologic Industries LLC and OMNI SCM LLC, agreed to pay $1,525,000 to settle charges of violating the False Claims Act by making false statements to avoid paying duties on wooden bedroom furniture imported from China.  According to the government, the defendants misclassified or conspired with others to misclassify wooden bedroom furniture on documents presented to U.S. Customs and Border Protection to avoid paying antidumping duties on Chinese imports of wooden bedroom furniture.  Specifically, Goldman and his 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 filed by Matthew L. Bissanti, Jr. under the qui tam provisions of the False Claims Act.  Bissanti will receive a whistleblower award of $228,750 from the proceeds of the government's recovery.  DOJ (WDTX)

July 13, 2016

Clothing importer Motives, Inc. and its affiliated foreign clothing manufacturers Motives Far East and Motives China Ltd. agreed to pay $13.375 million to settle charges of violating the False Claims Act by engaging in a double invoicing scheme to defraud the United States out of millions of dollars in customs duties.  As part of the settlement, the companies admitted to and accepted responsibility for under-reporting the value of its imported merchandise.  Under the scheme, the companies used two sets of invoices: one that undervalued the garments and was presented to the government for calculation of the appropriate customs duty, and the second that reflected the actual value of the garments.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act.  The whistleblower will receive a yet-to-be-determined whistleblower award from the proceeds of the government's recovery.  DOJ (SDNY)

April 27, 2016

Los Angeles-based upscale furniture seller Z Gallerie LLC agreed to pay $15 million to resolve allegations it violated the False Claims Act through a scheme to evade customs duties on imports of wooden bedroom furniture from China.  According to the government, Z Gallerie evaded antidumping duties by misclassifying, or conspiring with others to misclassify, the imported furniture as pieces intended for non-bedroom use.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Kelly Wells, an e-commerce retailer of furniture.  She will receive a whistleblower award of $2.4 million from the proceeds of the government's recovery.  DOJ

April 18, 2016

California-based sportswear importer Winds Enterprises, Inc. agreed to pay $1.5 million to resolve allegations it violated the False Claims Act by underpaying on import duties on shipments from 2010 to 2014.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by a former Winds Enterprises employee, who will receive whistleblower award of $300,000 from the proceeds of the government's recovery.  DOJ (WDWA)

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