News & Analysis as of

Criminal Prosecution Customs and Border Protection

Morgan Lewis

US Department of Justice Establishes Trade Fraud Task Force to Counter Tariff Evasion

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In late August 2025, the US Department of Justice announced the formation of a cross-agency Trade Fraud Task Force that will specialize in tariff-related investigations. DOJ positioned the new task force as an extension of...more

Wiley Rein LLP

DOJ Launches Trade Fraud Task Force, Ramping Up Civil and Criminal Enforcement

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The U.S. Department of Justice (DOJ) recently announced the creation of an interagency Trade Fraud Task Force aimed at stepping up enforcement against tariff evasion and customs fraud. The Task Force will bring together the...more

DLA Piper

DOJ Officially Launches the Trade Fraud Task Force

DLA Piper on

The US Department of Justice (DOJ), in coordination with the Department of Homeland Security (DHS), on August 29, 2025, launched a cross-agency Trade Fraud Task Force to bolster enforcement against tariff evasion, customs...more

Ice Miller

A New Era of Trade Enforcement: DOJ Expands Criminal and Civil Focus on Tariff Fraud

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The shifting tariff landscape in 2025 has incentivized businesses to reexamine their import practices and identify any available options to reduce their tariff exposure and liability....more

Akin Gump Strauss Hauer & Feld LLP

Tariff Evasion and Customs Fraud Under the Microscope: DOJ Signals Aggressive Criminal Enforcement Ahead

Given the Trump Administration’s unprecedented reliance on tariffs as a foreign policy tool and a means to protect and foster U.S. industry, the U.S. Department of Justice (DOJ) is rapidly shifting resources and enforcement...more

WilmerHale

Tariffs Take Hold Raising the Specter of Criminal and Civil Tariff Enforcement

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Seven months into President Donald Trump’s second administration, a new trade paradigm is emerging that presents challenges for everyone involved in bringing products into the United States. ...more

Oberheiden P.C.

10 Key Facts About the DOJ’s Crackdown on Tariff Evasion

Oberheiden P.C. on

The U.S. Department of Justice (DOJ) and U.S. Customs and Border Protection (CBP) are cracking down on tariff evasion. The DOJ has expressly stated that exposing and prosecuting tariff evasion schemes is among its top...more

Blank Rome LLP

The Frontline is Everywhere: What General Counsel Need to Know About the Department of Justice’s Strategic Pivot Toward Customs...

Blank Rome LLP on

Introduction - The U.S. Department of Justice (“DOJ”) has announced a significant realignment of resources that will fundamentally reshape criminal enforcement of international trade rules. By combining senior prosecutors...more

Katten Muchin Rosenman LLP

DOJ Identifies Tariff Fraud as Enforcement Priority

The Trump administration’s announcement of a panoply of steep tariffs on April 2, 2025, and the associated tariff negotiations that followed, has been met with extensive media coverage and analysis. To emphasize the...more

K&L Gates LLP

Trump DOJ Elevating Criminal Prosecution of Tariff Evasion

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As part of the Trump administration’s broad repositioning of US international trade policy toward higher tariffs and enhanced customs enforcement, on 12 May 2025, the head of the Criminal Division of the Department of Justice...more

Shook, Hardy & Bacon L.L.P.

DOJ Announces Unit to Prosecute Criminal Customs and Trade Fraud

Escalating what has already been a strong focus on combating customs and trade fraud in President Donald Trump’s second administration, on July 10, 2025, the Department of Justice announced it would be devoting significant...more

Adams & Reese

United States: How a multi-pronged legislative approach is curbing the online trade in fakes

Adams & Reese on

Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The...more

Morrison & Foerster LLP

DOJ Deploys Specialized Criminal Unit to Target Tariff Evaders

The United States Department of Justice (DOJ) has deployed its Market Integrity and Major Frauds Unit to target tariff evasion, a clear sign of the escalation of trade enforcement. The Criminal Division’s specialized unit,...more

Morgan Lewis

DOJ Shifts Focus of Enforcement Efforts to Tariff Evasion

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As the US administration has imposed and modified tariffs on key trading partners, the US Department of Justice has turned its focus to criminally prosecuting companies and individuals for tariff evasion....more

The Volkov Law Group

DOJ’s Coordinated Resolution with Unicat Resolves OFAC, BIS and CBP Violations (Part II of III)

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DOJ’s Unicat resolution is a perfect example of the new trade enforcement reality under the Trump Administration.  DOJ spearheaded a global resolution of sanctions, customs and export controls violations, while declining to...more

Morris, Manning & Martin, LLP

The Department of Justice's Criminal Division is Now Prioritizing Enforcement Related to Trade, Tariff, and Customs Fraud:...

On May 12, 2025, the U.S. Department of Justice’s (DOJ) Criminal Division released a memorandum containing the Trump Administration’s new white collar enforcement priorities. Consistent with the Administration’s heightened...more

The Volkov Law Group

Criminal Liability and Tariff and Trade Enforcement

The Volkov Law Group on

Tariff and trade violations are on DOJ’s radar screen.  No question but starting with Customs and Border Patrol we can expect that regulatory investigations and enforcement actions will increase.  Along with that — you can...more

Sheppard Mullin Richter & Hampton LLP

Department of Justice Tariff Enforcement Likely to Surge After Tariff Increases and the Administration’s Increased Focus on...

A serious step up in civil and criminal enforcement of customs laws, including tariff evasion, is imminent. In a May 12 memorandum, the Department of Justice’s new Chief of the Criminal Division, Matthew Galeotti, counted as...more

Vinson & Elkins LLP

The Trump Tariff Regime Brings Risks of Criminal and Civil False Claims Act Enforcement

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On April 2, 2025, President Donald Trump announced a new tariff regime under the International Emergency Economic Powers Act of 1977 (“IEEPA”), citing national security concerns. This regime includes a 10 percent baseline...more

Foley Hoag LLP - White Collar Law &...

Can I Avoid New U.S. Tariffs by Routing Goods Through Different Countries? (Spoiler Alert: No)

With the recent surge in tariffs and imposition of differentiated tariffs for different countries of origin (i.e., higher tariffs for goods originating from China than from neighboring countries and potentially other...more

Cooley LLP

Tariffs Are Here – Be Aware of Criminal and Civil Enforcement Risks

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On April 2, 2025, President Donald Trump, citing national security concerns, used authority granted under the International Emergency Economic Powers Act of 1977 (IEEPA) to announce a sweeping new tariff regime, with a 10%...more

Foley & Lardner LLP

What Every Multinational Company Needs to Know About … Criminal Enforcement of Trade, Import, and Tariff Rules: A Growing Risk for...

Foley & Lardner LLP on

In less than 100 days, the Trump administration has implemented a dizzying array of new tariffs, significantly increasing costs and complexity for U.S. importers. The administration is keenly aware that companies operating in...more

BakerHostetler

Should You Consider a Voluntary Self-Disclosure for a Tariff Violation?

BakerHostetler on

Tariff evasion techniques such as transshipping goods through third countries, underreporting the value of goods, and mislabeling goods as other items subject to lower tariff rates have resulted in hundreds of billions of...more

Akin Gump Strauss Hauer & Feld LLP

New Executive Order Authorizes the Imposition of Secondary Sanctions on Foreign Financial Institutions Facilitating Russia’s...

Key Points - On December 22, 2023, President Biden issued E.O. 14114 “Taking Additional Steps With Respect to the Russian Federation’s Harmful Activities.” Specifically, E.O. 14114, which amends E.O. 14024 and E.O. 14068,...more

Latham & Watkins LLP

The Guide to Anti-Money Laundering: Trade-Based Money Laundering and Terrorist Financing

Latham & Watkins LLP on

Trade-based money laundering (TBML) describes a set of techniques through which drug traffickers, terrorists and other criminals use the veneer of trade to move illicit funds across borders while disguising the origin and...more

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