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Violations of U.S. Customs and trade laws can result in criminal prosecution, merchandise seizure, and/or the assessment of penalties equal to the U.S. wholesale value of the merchandise. Customs civil penalties are often assessed as a multiple of the duties allegedly evaded and may be as high as eight (8) times those duties. Customs may also pursue criminal sanctions against the corporation and the responsible officers and/or employees where fraudulent conduct has occurred. The U.S. Customs Service also enforces laws administered by other agencies such as The Bureau of Export Administration (view), Office of Foreign Assets Control (OFAC) (view), Consumer Product Safety Commission (CPSC) (view), Food and Drug Administration (FDA) (view), and the Fish & Wildlife Administration (view). The civil penalties for violations of the statutes administered by these agencies can also be equal to the domestic wholesale value of the merchandise. Merchandise can be seized for a variety of reasons ranging from improper marking to violations of numerous regulatory requirements. See Product Admissibility (view). If the seizure is not timely challenged, the merchandise may be forfeited and the company could also be subjected to civil or criminal prosecution. Our attorneys have successfully secured the release of millions of dollars worth of merchandise seized or detained by U.S. Customs Our firm has extensive experience in resolving complex civil and criminal investigations and penalty claims. We also conduct internal investigations to identify potential violations and to assist our clients in resolving these issues with minimal liability. |
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