News & Analysis as of

False Claims Act (FCA) International Trade Trump Administration

Warner Norcross + Judd

Tariffs Day is Here … For Now

As of midnight, a sweeping set of new tariffs is in effect. Many are country-specific or based on foreign policies targeting specific products from specific countries. Some of the tariffs going into effect are based on...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

K&L Gates LLP

Trump DOJ Elevating Criminal Prosecution of Tariff Evasion

K&L Gates LLP on

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

McDermott Will & Schulte

DOJ complaint underscores Trump administration’s use of the FCA to enforce US trade laws

A recent complaint – U.S. ex rel. Joyce v. Global Office Furniture, LLC, et al. – marks one of the Trump administration’s first publicly filed False Claims Act (FCA) enforcement actions focused on tariff evasion. In its July...more

The Volkov Law Group

Episode 379 — Update on False Claims Act and Customs Fraud

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The Trump Administration intends to leave a strong enforcement mark on fraud and trade enforcement. DOJ is linking together trade enforcement and False Claims Act cases in an unprecedented manner that will open up new...more

ArentFox Schiff

As the (Customs and Trade) World Turns: July 2025

ArentFox Schiff on

Welcome to the July 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Mintz

Dodging Duties: The Ninth Circuit Affirms an Expansive Application of the False Claims Act Consistent with Trump Administration...

Mintz on

On June 23, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a district court judgment in a case in which the jury found the defendant knowingly made false statements on customs forms to avoid paying...more

The Volkov Law Group

DOJ Applies False Claims Act to Tariff and Trade Violations (Part I of III)

The Volkov Law Group on

Never underestimate the creativity and ability of federal prosecutors to apply federal criminal laws to address “new” crimes or new enforcement programs. Corporate leaders and compliance officials are making a serious...more

Vinson & Elkins LLP

Heightened False Claims Act Enforcement Risks Highlight the Importance of Compliance

Vinson & Elkins LLP on

Despite signs of a retrenchment in some of the traditional areas of white collar enforcement under the Trump administration, the U.S. Department of Justice’s (“DOJ”) enforcement of the civil False Claims Act (“FCA”) appears...more

Foley Hoag LLP - White Collar Law &...

Are There Legitimate Ways to Achieve More Advantageous Tariff Classifications?

With recent increases in U.S. tariffs and the increasing complexity of determining applicable duties for different products, importers are looking for ways to reduce their tariff exposure. Since a product’s tariff treatment...more

Skadden, Arps, Slate, Meagher & Flom LLP

President Trump’s First 100 Days: Impacts and Projections

The first 100 days of a new administration sets the tone for policy direction and regulatory priorities. The following key takeaways from the Trump administration’s first three months highlight significant trends, shifts and...more

Dorsey & Whitney LLP

The Trump Administration’s Sweeping New Tariffs Heighten False Claims Act Risks for U.S. Importers

Dorsey & Whitney LLP on

As the business community adjusts to the reality of the Trump Administration’s sweeping new tariff regime, importers and other organizations that rely on imports should be mindful that with the expansion and sharp increases...more

WilmerHale

Enforcement Round Up: What Trump Administration Priorities Mean for Enforcement Against European Companies

WilmerHale on

Since the beginning of his second term, President Donald Trump has implemented policy changes in accordance with top administration priorities that are likely to significantly alter the enforcement landscape for non-U.S....more

ArentFox Schiff

As the (Customs and Trade) World Turns: April 2025

ArentFox Schiff on

Welcome to the April 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Paul Hastings LLP

New Trump Administration Tariffs Fundamentally Change Global Trading System, Raise Commercial and Compliance Risks

Paul Hastings LLP on

On April 2, 2025, the Trump administration announced the rollout of its “Reciprocal Tariff Policy,” which on April 5 will effect a blanket 10% ad valorem duty on all articles imported into the U.S. from approximately 185...more

DLA Piper

How FCPA and FCA Enforcement Could Change Under President Trump

DLA Piper on

To date, President Donald Trump has signed close to 100 Executive Orders (EOs) that signal the Trump Administration’s policies and key priorities, including objectives related to corporate crime and international trade and...more

WilmerHale

As Tariffs Increase, So Too May the Use of False Claims Actions to Pursue Customs Fraud

WilmerHale on

New trade policies—and particularly tariffs—are at the top of the agenda for President Donald Trump and his new Administration. Indeed, in his first weeks in office, President Trump has already imposed tariffs on major...more

Husch Blackwell LLP

FCA Enforcement May Increase In a Tariff Focused Trade Policy Regime

Husch Blackwell LLP on

The first seven weeks of the second Trump Administration has revealed that tariffs are going to be a primary tool in the administration’s trade arsenal to address both domestic and foreign trade policy goals. What is...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … The Rising Risk of Customs False Claims Act Actions in the Trump...

Foley & Lardner LLP on

On February 20, 2025, the Deputy Assistant Attorney General for the Commercial Litigation Branch at the U.S. Department of Justice (DOJ), Michael Granston, emphasized using the False Claims Act (FCA) to address U.S. Customs &...more

Lowenstein Sandler LLP

Trump Administration Plans Aggressive FCA Enforcement

Lowenstein Sandler LLP on

At the Federal Bar Association’s annual qui tam conference in Washington, D.C. on Feb. 20, 2025, the Deputy Assistant Attorney General for the Department of Justice’s (DOJ) Commercial Litigation Branch, Michael Granston, said...more

Bass, Berry & Sims PLC

Update on Tariffs: Vigorous Enforcement Likely Amidst Uncertainty

Bass, Berry & Sims PLC on

In the roughly four weeks since his inauguration, President Trump has announced then paused tariffs on Canada and Mexico, expanded tariffs on steel and aluminum, and suggested introducing reciprocal tariffs on the rest of the...more

Quarles & Brady LLP

New Tariffs Mean New Targets of the False Claims Act

Quarles & Brady LLP on

The value of goods imported to the United States in Fiscal Year 2024 was $893.15 billion, and as a result, U.S. Customs and Border Protection (“CBP”) collected $24.37 billion in duties, taxes and fees for those imports. Given...more

Ropes & Gray LLP

Customs Fraud May Bring a New Wave of False Claims Act Cases

Ropes & Gray LLP on

On February 1, 2025, President Trump imposed 25% tariffs on most imports from Canada and Mexico, as well as 10% tariffs on Canadian energy products and imports from China. The primary immediate impact of the new tariffs will...more

Ballard Spahr LLP

Tariff Compliance Under the New Trump Administration

Ballard Spahr LLP on

In his first two weeks back in office, President Donald Trump signaled his administration will impose new tariffs as part of his economic agenda, urging businesses to comply with U.S. trade policies to avoid severe penalties...more

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