Seven attorneys and two international trade professionals, all from McDermott Will, joined Blank Rome's international trade practice group in Washington. The new lawyers are partners Joanne Osendarp and Eric Parnes, senior counsel Lynn Kamarck and Alan Kashdan, of counsel Conor Gilligan, and associates Tyler Kimberly and Brendan Saslow. Also joining are Jorge Miranda as trade economic adviser and Deborah Flinn as international trade manager, both from McDermott Will. Osendarp will co-chair the practice group with Anthony Rapa. The attorneys' practices involve trade remedy cases, export controls and sanctions proceedings and False Claims Act litigation, among other things, Blank Rome said.
A recent False Claims Act case brought over unpaid marking duties on imports of Mifeprex, the active ingredient for the abortion pill mifepristone, was filed by the Life Legal Defense Foundation in a bid to "take some gold out of Egypt," the foundation's lawyer Catherine Short told Trade Law Daily. "This company is making drugs that kill babies, and we were able to cut away some of their profit from that," Short said.
Danco Laboratories, a New York-based pharmaceutical distributor, will pay $765,000 to settle allegations it violated the False Claims Act by failing to pay marking duties on its imports of Mifeprex, the active ingredient for the abortion pill mifepristone, that lacked country of origin markings, DOJ announced April 12.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
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).