Change has come swiftly since President Trump returned to the White House on January 20, 2025, on multiple fronts. Yet by all measures, the president’s trade policies appear to be having the farthest-reaching impact. A recent flurry of tariff requirements has roiled both global and domestic markets and strained decades-long relationships between the United States and key international trading partners, including Mexico, Canada, the European Union, and especially China.
Multinational companies are well aware that failure to comply with duties and tariffs carries potentially costly civil and criminal penalties. At the same time, given the Department of Justice’s (DOJ) continued emphasis on the False Claims Act (FCA) as a critical enforcement tool (which Attorney General Pam Bondi emphasized during her confirmation hearings), all market participants must understand the interplay between evolving trade obligations and potential FCA exposure arising from their evasion. Failing to fulfill customs and tariff obligations carries significant enforcement and financial risk, ranging from the costs of responding to a federal investigation to treble damages, penalties, and criminal liability. Accordingly, companies engaged in international trade should act promptly to strengthen their compliance frameworks and ensure their customs and tariff practices are both current and tailored to mitigate potential liability under both the FCA and underlying civil enforcement statutes.
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