The U.S. Court of Appeals for the 9th Circuit is "unlikely" to revisit its 2004 decision finding that False Claims Act qui tam cases involving customs duty avoidance belong at the Court of International Trade, law firm Morgan Lewis said in a Feb. 23 blog post. Overturning the decision would require an en banc ruling from the court, something that does not seem probable given that it is a whistleblower action in which the government hasn't intervened, the post said.
A False Claims Act whistleblower received $210,000 from a $1 million customs fraud settlement with global trading and investment firm Samsung C&T America, McInnis Law announced. The U.S. announced it settled the case over charges SCTA violated the FCA by misclassifying footwear imports via false entry documents to avoid paying customs duties (see 2302080008).
Washington state-based auto broker BidBuy Auctions settled a customs fraud case with DOJ, agreeing to pay $430,000, the U.S. Attorney's Office for the Western District of Washington announced. The qui tam case saw a former BidBuy employee allege the auto broker lied to CBP about the value of imported vehicles to pay less in duties. As a result of the settlement, the former employee-turned-whistleblower will get 23%, or $98,900, of the $430,000 payment.
The U.S. settled a civil suit against global trading and investment firm Samsung C&T America -- a subsidiary of Korean conglomerate Samsung C&T Corp. -- over charges SCTA violated the False Claims Act by misclassifying footwear imports to avoid paying customs duties, the U.S. Attorney's Office for the Southern District of New York announced. The importer will pay $1 million to the U.S. and make admissions over its conduct, specifically that it misclassified its imports on entry documents filed with CBP and underpaid custom duties, the U.S. Attorney's Office said.
The U.S. Attorney's Office for the Southern District of New York opened and settled a case with vitamin and nutritional supplement importer International Vitamins Corp. (IVC) over the company's misclassification of its products to avoid paying customs duties, the U.S. Attorney's Office announced Jan. 30. IVC will pay $22.87 million to the U.S. and admit to its conduct. The government joined its lawsuit with a whistleblower action filed under seal pursuant to the False Claims Act, the U.S. Attorney's Office said.
Importer High Life and the U.S. settled a False Claims Act case in which the company was charged with knowingly underreporting the value of apparel entries, leading it to avoid duty payments. According to a stipulation and order of settlement filed Jan. 25 at the U.S. District Court for the Southern District of New York, High Life will pay the government $1.3 million, $650,000 of which counts as restitution. The company agreed to fully cooperate with the U.S. investigation of the other individuals and entities linked to the customs fraud scheme (United States v. High Life, S.D.N.Y. # 23-00631).
One Chinese company and three companies based in New Jersey and New York settled charges with the U.S. related to a customs avoidance scheme, the U.S. Attorney's Office for the District of New Jersey announced. The companies agreed to pay fines ranging from $5,000 to $500,000 to settle violations relating to the False Claims Act, "among other statutes."
Colorado-based Ellab Inc. and its Danish parent company, Ellab A/S, paid the U.S. over $700,000 to settle charges that it failed to pay customs duties on imports of thermal validation equipment, the U.S. Attorney's Office for the District of Colorado announced Dec. 1. The U.S. alleged Ellab failed to classify its imports and properly declare their value, neglecting to pay the full amount of the duties owed on the goods.
The early submissions to the Office of the U.S. Trade Representative on whether the 7.5% and 25% tariffs on Chinese goods should continue were heavily against continuing the action. More than 90% of the 27 submissions either said end all the tariffs or urged dropping the ones that affect businesses or workers.
Instec Inc., a scientific instrument technology company based in Colorado, and Dr. Zhong Zou, its owner and president, agreed to pay $625,000 to settle allegations that the company and Zou violated the False Claims Act, DOJ announced. Instec and Zou failed to comply with the requirements of the Buy American Act when selling scientific instruments claimed to have been made in the U.S. to U.S. federal agencies and national laboratories, DOJ said.