Criminal or civil? How the US handles customs violations
Mark K. Neville, Jr.
Principal, International Trade Counsellors, United States of America
Published 19 Nov 2025
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There are three enforcement regimes that shape customs penalties in the United States: criminal actions, civil penalty provisions under the Tariff Act, and the rapidly expanding use of the False Claims Act. While criminal cases have historically been rare - largely due to the difficulty of proving intent - the recently launched cross-agency Trade Fraud Task Force indicates increasing focus on origin fraud and other high-risk violations. False Claims Act cases, often initiated by whistleblowers, are emerging as a powerful new tool in customs enforcement, bringing federal district courts and the Department of Justice more directly into trade matters.