Trade Compliance Corner
The Increasing Challenge of Trade Fraud
Strengthening Compliance for Today’s Environment
By Mark Jenkins, Managing Director, Schulz Trade Consulting
The Departments of Justice and Homeland Security have launched a powerful, cross-agency Trade Fraud Task Force that is transforming the enforcement landscape. This signals an unprecedented crackdown on trade fraud—including tariff evasion, product misclassification, and falsification of customs documents. The consequences for companies caught in these schemes have never been more severe or relentless.
Link: DOJ Article
Real-World Cases Illustrate High Enforcement Risk
Recent enforcement actions have exposed the prevalence of these fraudulent schemes.
For example:
- Importers have deliberately manipulated customs paperwork to hide the true country of origin and manufacturer, avoiding millions in duties. Many of these cases were uncovered through whistleblower tips revealing complex transshipment and misrepresentation tactics.
- Some entities blatantly underreported or failed to disclose dutiable imports, only revealing their misconduct after aggressive inquiry or internal investigations forced their hand.
- False declarations were used to sidestep antidumping and countervailing duties by misclassifying products or providing incomplete information, complicating enforcement efforts and increasing penalties.
- In other cases, importers unlawfully disguised high-duty items as low-duty goods, exploiting tariff loopholes on sensitive commodities.
These are not isolated incidents. The volume and sophistication of investigations will only accelerate, with civil and criminal penalties looming large. Whistleblower incentives are encouraging insiders to come forward, increasing exposure for organizations with weak controls or compliance gaps.
What Compliance Professionals Need to Do — Urgently
If complacency or weak controls exist, now is the time to act. Here are the must-do compliance strategies to mitigate this escalating threat:
- Fortify Documentation and Validation: Your supply chain data and claims about product origin must be airtight and able to withstand the toughest regulatory examination. Any ambiguity puts your company directly in the crosshairs.
- Conduct Aggressive Internal Audits: Regular, comprehensive reviews of customs filings and import data are critical—especially for products and countries flagged as high risk. Catching issues early and self-reporting problems could drastically reduce legal and financial fallout.
- Invest in Rigorous Training: Your teams need ongoing, detailed guidance about accurate product classification, customs documentation requirements, and the real criminal risks involved with non-compliance.
- Prioritize High-Risk Transactions: Focus scrutiny on goods subject to heavy tariffs or sourced from countries with known regulatory attention. This is often where violations, deliberate or accidental, are uncovered.
- Empower and Protect Whistleblowers: Establish secure, trusted channels for internal reporting and enforce zero tolerance for retaliation. Quick escalation and remediation of red flags is key to avoiding catastrophic enforcement actions.
- Leverage Technology with Oversight: While automated tools can help identify suspicious filings or anomalies, always combine these with expert human review to adapt to ever-evolving scam tactics.
The DOJ and Homeland Security are dedicating new and significant resources to uncovering and prosecuting trade fraud on a national scale. Compliance programs must evolve from a box-checking exercise into dynamic defense systems designed to detect, deter, and destroy trade fraud schemes—before they deplete your company’s finances and negatively impact your corporate reputation.
Compliance professionals must lead the charge to build more vigilant, transparent, and proactive controls or face the harsh consequences of an enforcement wave.
