The United States Department of Justice (DOJ) and Department of Homeland Security (DHS), through their joint Trade Fraud Task Force, recently published “A Resource Guide to Trade Fraud Enforcement” (the Guide). Prepared in partnership with DOJ’s National Fraud Enforcement Division, Homeland Security Investigations (HSI) and US Customs and Border Protection (CBP), the Guide summarizes the statutory framework, agency roles and investigative tools that underpin federal customs enforcement. Although it discusses a range of potential civil and criminal authorities—including money laundering, wire fraud, securities law and Racketeer Influenced and Corrupt Organizations Act (RICO) violations—the enforcement record catalogued in the Guide demonstrates that one statute has emerged as the centerpiece of modern trade fraud enforcement: the False Claims Act (FCA).
The Guide was released alongside the Trade Fraud Task Force's announcement that it has surpassed US$1 billion in civil and criminal recoveries, penalties, forfeitures and charged losses since its launch. Notably, FCA matters appear to account for the majority of the Task Force's publicly identifiable recoveries. Against that backdrop, the Guide is more than a summary of the government's trade enforcement authorities. It serves as a practical roadmap for identifying potential customs fraud, tracing the evidence needed to prove it and developing the types of FCA cases that have become a central feature of modern trade fraud...
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