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CIT Dismisses Customs Fraud Case for Failure to State a Claim, Gives US Chance to Amend Complaint
July 12, 2022 by Jacob Kopnick|Penalties and Courts

The Court of International Trade in a July 12 opinion denied a motion from Kevin Ho, owner and director of importer Atria, to dismiss a penalty action for lack of personal jurisdiction. Judge Timothy Reif said that the U.S. properly identified the "who, what, when, where, and how" of Ho's alleged fraud over the alleged illegal importation of HID headlight conversion kits, so personal jurisdiction was established. However, Reif denied in part and granted in part Ho's motion to dismiss for failure to state a claim, holding that the U.S. made insufficient factual allegations on Ho's knowledge and intent to violate customs law based on fraud, but giving the U.S. the opportunity to amend its complaint.

Topics:Customs duty, Court of International Trade
Florida Resident Charged With Running Large Trafficking Scheme of Counterfeit Cisco Devices
July 8, 2022 |Penalties and Courts

Onur Aksoy, the CEO of multiple companies and a Miami resident, was indicted July 7 on charges of running a trafficking operation that imported fraudulent and counterfeit Cisco networking equipment worth over $1 billion, DOJ announced July 8. Aksoy ran at least 19 companies formed in New Jersey and Florida along with 15 Amazon storefronts, more than 10 eBay storefronts and various other entities that imported the counterfeit devices from China and Hong Kong, reselling them in the U.S. and abroad, falsely claiming that the goods were new. The scheme raked in over $100 million in revenue, DOJ said.

Former LAX Cargo Handler Gets 1 Year in Prison for Stealing Gold Bars From Shipment
June 27, 2022 by Jacob Kopnick|Penalties and Courts

Marlon Moody, a former employee at cargo handling company Alliance Ground International, was sentenced to one year in prison for stealing four gold bars that were being shipped from Australia to New York, the U.S. Attorney's Office for the Central District of California announced. In April 2020, employees of Alliance, which provides ground handling services at Los Angeles International Airport, were tasked with offloading and securing a shipment of gold bars that were stopping in L.A. en route to New York. The shipment -- a collection of 2,000 gold bars each valued at around $56,000 --- arrived via Singapore Airlines at the direction of a Canadian bank.

Court Gives USTR Extra 32 Days to Meet Section 301 Remand Order
June 22, 2022 by Paul Gluckman|Penalties and Courts

The Office of the U.S. Trade Representative has 32 extra days, until Aug. 1, to file its lists 3 and 4A tariff remand results in the Section 301 litigation, a three-judge panel at the Court of International Trade said in a June 22 order. DOJ, on USTR’s behalf, asked for a 60-day extension to Aug. 30 to fix its Administrative Procedure Act violations, citing the volume of work required to meet the remand order, plus the agency’s limited staff resources and the additional projects compounding its workload (see 2206210042).

Topics:Court of International Trade
Hapag-Lloyd Reaches $2 Million Settlement With FMC for Violations of Detention, Demurrage Rule
June 9, 2022 by Ian Cohen|Penalties and Courts

The Federal Maritime Commission this week approved a $2 million settlement agreement with Hapag-Lloyd for alleged shipping violations involving the company’s detention and demurrage practices. Hapag-Lloyd also agreed to take several steps to improve its billing practices, including posting an updated tariff policy to its website, conducting a “training session” on the FMC’s detention and demurrage rule for all employees involved in billing, and publishing on its website a “complete list of locations that it has authorized to accept empty Hapag-Lloyd containers.”