On February 23, 2026, Department of Justice (“DOJ”) Criminal Division Senior Counsel Cody Matthew Herche delivered his first formal remarks as the Head of the Department of Justice’s Trade Fraud Task Force (“TFTF”) as the keynote speaker at the International Trade Investigations, Enforcement & Litigation conference in Arlington, Virginia. In his address, Herche announced a “fundamental shift” in the government’s approach to trade fraud enforcement. (For background on the TFTF’s establishment, see our Legal Update, Departments of Justice and Homeland Security Partnering on Cross Agency Trade Fraud Task Force.)
The address signals a decisive move on the part of DOJ toward criminal investigations and prosecutions, an emphasis on individual accountability, and the expansion of interagency partnerships. Companies with international supply chains should take immediate steps to assess their exposure risk and strengthen their compliance programs.
The DOJ has repositioned trade fraud enforcement as a frontline matter of national and economic security. According to Herche, for decades, the legal and business community viewed trade compliance through a narrow lens of administrative filings—but those days are now over. The DOJ appreciates that tariffs and duties are not self-effectuating, and unfair trade practices expose companies to unfair competition while depriving the government of lawful revenue. Entry of unknown or misdescribed goods presents what...
The Israeli and U.S. strikes on Iran on Saturday, February 28 and the resulting retaliatory strikes from Tehran saw the outbreak of the world’s newest war last weekend. On the war’s first day, Iran...