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ARTICLE · 14 APRIL 2025

What Every Multinational Company Should Know About … Customs Enforcement And False Claims Act Risks (Part I)

Foley & Lardner LLP
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As detailed in our prior article on "What Every Multinational Company Should Know About … The Rising Risk of Customs False Claims Act Actions...

GlobalInternational Law
Gregory Husisian
Gregory Husisian
Lisa Noller
Lisa Noller
Matthew D. Krueger
Matthew D. Krueger
John Turlais
John Turlais
Lindsey Zirkle
Lindsey Zirkle
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As detailed in our prior article on "What Every Multinational Company Should Know About ... The Rising Risk of Customs False Claims Act Actions in the Trump Administration," the Department of Justice (DOJ) is encouraging the use of False Claims Act (FCA) claims to address the underpayment of tariffs by importers. In addition, many of President Trump's new tariff proclamations have directed Customs to prioritize enforcing the new tariffs while also stating that Customs should assess the maximum penalties for underpayments without considering any mitigating factors. This article is the first in a series that highlights the heightened risks of importing in a high-tariff, high-penalty environment based on a comprehensive review of all prior FCA enforcement actions stemming from underpayment of tariffs.

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