The global marketplace offers significant possibilities for those who want to make some money in the import business, bringing in goods that are either not domestically available or more cost-effective to produce overseas.
However, the import business also brings its fair share of risks – and mistakes can get you charged with serious crimes involving customs violations.
What are import crimes?
Import crimes involve any kind of illegal or unreported activities when bringing goods into the United States. Possible charges include things like:
- Smuggling: This involves bringing goods into a country without declaring them to customs authorities, usually to evade payment of duties and taxes.
- False declarations: These involve misrepresenting the nature, value or quantity of goods on customs documents to evade tariffs or import restrictions.
- Illegal importation: It’s illegal to bring prohibited or restricted goods into the country, such as endangered and exotic animals, counterfeit products or controlled substances.
- Customs fraud: These are deceptive practices designed to avoid customs duties, such as undervaluing goods, misclassifying items to avoid restrictions or providing false documentation of the quantity of the goods being imported.
- Violations of import regulations: Failures to obtain the necessary permits or licenses, or violating trade embargoes and sanctions, can lead to heavy penalties.
You cannot count on federal authorities to view anything as a mere mistake.
What possible defenses are available?
A good defense is built upon the fact of the individual case, but there are some common defenses likely to be in play, such as:
- Lack of knowledge or intent, such as ignorance of the fact that the goods being imported are counterfeits of well-known luxury brands
- Entrapment, which is possible when law enforcement induces someone to commit a crime through either persuasion or coercion
- Mistake of fact, which can be applied when it’s clear that the alleged crime was actually an honest error, such as when goods are improperly classified because an importer relied on incorrect information from the supplier
- Insufficient evidence, which can involve challenging the credibility of the evidence that’s being used by the prosecution due to illegal search and seizures, chain of custody errors and unreliable witnesses
Import crimes are serious offenses with significant legal and financial consequences. If you’re facing charges related to your import business, do not try to navigate the situation alone. Your defense requires strategy and experience.
