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Federal Compliance and Defense Representation for Importers
Last Updated on: 31st March 2025, 04:59 pm
FEDERAL COMPLIANCE AND CRIMINAL DEFENSE FOR U.S. IMPORTERS
If you import goods into the United States, you have to follow many federal rules. Customs (CBP), Homeland Security Investigations (HSI), and other agencies inspect and monitor shipments. If they find major errors in your paperwork, or see something suspicious, you might end up investigated for crimes. That can lead to huge fines or even prison. This article explains key compliance tips, potential violations, and how we defend you if you’re in trouble.
AS SEEN NATIONWIDE, ESPECIALLY IN BIG PORT STATES
Places like Long Beach in California, the Port of Houston in Texas, or the Port of New York and New Jersey handle a large share of imported cargo. Local officials in those ports work closely with federal agencies. They’re on the lookout for violations like mislabeling goods, hiding real country of origin, or undervaluing shipments. They use advanced data systems to flag unusual patterns. If you think nobody will notice a small detail, you’re mistaken. Ports in Los Angeles, for example, share information with federal task forces that can trace your shipments back to their source.
WHAT THE LAW SAYS: NO ROOM FOR IGNORANCE
Under the Tariff Act, you must accurately declare the type, value, and origin of your products. If you’re accused of misclassifying or undervaluing items, you face potential penalties. If you commit fraud on purpose, 19 U.S.C. § 1592 allows Customs to fine you up to the full value of the goods. If you do something truly intentional—like secretly importing firearms without a permit from ATF—you can face criminal charges under 18 U.S.C. § 545, which can carry up to 20 years in prison.
FDA AND OTHER AGENCIES
Importers of food, drugs, or medical devices also deal with the FDA. If you import mislabeled food or unapproved medicine, you risk seizures and criminal punishment. In one real case, a business that brought in non-FDA-approved drugs to New York faced felony charges. They argued it was just a labeling mistake. The government said that labeling mistake could harm patients. If you’re indicted for misbranding, you face potential jail time.
WHY YOU NEED TO KNOW
Spodek Law Group is a premier, nationwide federal defense law firm created by Todd Spodek. We see many importers who believed a customs broker would “fix” everything. But guess what? If the broker cuts corners, you’re still responsible. Customs law demands that importers show “reasonable care” when they declare their shipments. Negligence, or “I didn’t know,” doesn’t save you from fines. And if prosecutors think you did it on purpose, you could face criminal prosecution.
- False Country of Origin: Some importers label goods from China as “Made in Vietnam” to skip tariffs. That is fraud. Authorities have indicted people for these schemes in Houston and Miami, where large ports handle many trans-shipped items.
- Undervaluation: Stating your shipment is worth $10,000 when it’s worth $100,000 is a red flag. If you’re indicted for money laundering, you face potential prison time. It can also trigger a forfeiture of your goods.
- Trade-Based Money Laundering: HSI warns that criminals move dirty money by faking invoices or shipping worthless goods. Even if you didn’t plan it, if you sign off on false paperwork, you could be charged. That’s a big deal in port cities like Los Angeles, where investigators see suspicious valuations daily.
STRATEGIES WE USE TO PROTECT YOU
If you’re under investigation, Spodek Law Group steps in to find weaknesses in the government’s evidence. If authorities found your paperwork during a warehouse search without a valid warrant, we argue that the evidence should be thrown out. Once evidence is tossed, prosecutors may have to drop or reduce charges. This can mean you avoid jail or save thousands in fines.
We also look at your intent. If you can show the errors were unintentional, you might face a smaller civil penalty instead of a criminal charge. If you find a problem before the government does, you can consider a “prior disclosure” under customs rules. That can limit your penalties. The key is timing: if the feds already started investigating you, it’s too late.
LOCAL VIEWPOINTS
In large import hubs—like the Port of Newark—officers spot many suspicious packages each week. They use advanced scanners and data analytics to check for high-risk shipments. If a container is randomly chosen for inspection, and your documents don’t match what they see inside, they’ll seize the goods. That might happen even if you didn’t intend fraud. Then you’ll need an attorney to negotiate with Customs or fight the case in federal court.
WHY SPODEK LAW GROUP
We are Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek. Our attorneys handle tough customs and import cases. We’re brutally honest. We don’t make excuses, and we won’t let you bury your head in the sand. If there’s a gap in your compliance, we call it out. Our goal is to keep you out of jail, protect your livelihood, and help you fix your internal processes so it never happens again. We’ve seen big cases where importers faced multi-million-dollar fines. We’ve also guided small businesses that got caught in complicated shipping rules. No matter the size of your operation, if you import, you’re on the radar.
CRIMINAL AND CIVIL PENALTIES
Criminal fines can climb to $500,000 or more for a company, or $250,000 for an individual. Prison can be up to 20 years for major smuggling. Civil penalties can reach the full value of your shipment. If you keep violating the law, your goods might be repeatedly seized or refused entry. You could lose your business entirely. Don’t take that chance. If you get a penalty notice or any hint of an investigation, get counsel right away.
CALL TO ACTION
Contact Spodek Law Group if you’re worried about a customs audit or a federal investigation. Our team can help you fix compliance gaps and, if necessary, defend you in court. We understand local rules in major ports across the USA. We’re available 24/7. Call us now, or fill out our online form. Our attorneys will look at your situation and give you a clear plan, no sugarcoating.
DISCLAIMER
This content is general information, not legal advice. Every case is different. If you want specific guidance, contact us for a private consultation. Nothing here creates an attorney-client relationship unless we agree to represent you. We are a premier, and award winning, New York / Federal criminal defense law firm, and we have the experience you need—but the next step is yours. Reach out today.