RISK FROM RISE IN QUI TAM SUITS BASED ON AVOIDANCE OF IMPORT DUTIES COMBINED WITH THE TRUMP ADMINISTRATION’S PROTECTIONIST POLICIES

 

On 18th April, Crowell & Moring published an analysis which says that the “America first” policies of the current US administration mean importers to the US could face increased risk from False Claims Act (FCA) litigation.  In qui tam suits the plaintiff can also make a claim where the Government recovers funds lost to fraud, being entitled to a percentage of the recovery of the penalty as a reward for exposing the wrongdoing and enabling the recovery of funds for the government.  The analysis considers a case in March involving an importer of premium women’s wear from the UK.  It concludes that importers now face heightened FCA risks in light of increased duties stemming from the current administration’s new tariffs, the number of anti-dumping and countervailing duty orders, plus domestic US industries closely monitoring imports for potential violations.

https://www.crowell.com/files/20190418-Reverse-FCA-Cases-Rise-With-America-First-Trade-Policies.pdf

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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