Deputy Assistant AG Says Expect More 'Aggressive' FCA Enforcement in Trade
The Trump administration plans to "aggressively" enforce the False Claims Act, Deputy Assistant Attorney General Michael Granston said during the Federal Bar Association's qui tam conference last week, attorneys at McGuire Woods said. While most FCA enforcement action is taken in the field of healthcare, Granston said that DOJ will center future FCA enforcement on other Trump policy priorities, including customs fraud and "illegal foreign trade practices."
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Ann Jamie Yavelbert, director of DOJ's Civil Fraud Section, also spoke at the conference and said that customs and tariff evasion will be a major focus for FCA enforcement, attorneys at Miller & Chevalier said. Cases likely will focus on misrepresentations about "where a product is coming from," the good's "declared value" and the "number of goods" involved, the firm said.
Attorneys at Morgan Lewis said that in light of greater FCA enforcement in customs cases, importers "may see enhanced scrutiny" by CBP of their imports to see if "entry summary data is correct." CBP could contact an importer for additional information about merchandise via "either a CF-28 Request for Information or a CF-29 Notice of Action."