New DOJ-DHS Trade Fraud Guide Expands FCA Risk for Importers, Brokers
Importers, customs brokers, and companies with cross-border supply chains must update compliance protocols, as the new joint DOJ-DHS trade fraud guide treats customs missteps as high-stakes False Claims Act and criminal enforcement targets rather than minor administrative violations.
In July 2026, DOJ and DHS released a joint Resource Guide to Trade Fraud Enforcement via their new Trade Fraud Task Force, which has already secured over $1 billion in civil and criminal recoveries since its 2025 launch. The guide explicitly frames customs misstatements, tariff evasion, misclassification, and false origin claims as potential False Claims Act (FCA) violations, which carry treble damages, statutory penalties, and qui tam whistleblower risk in addition to traditional customs penalties. It also extends enforcement liability across the supply chain to brokers, distributors, and retailers that benefit from improperly imported goods. Importers should test existing diligence and documentation practices against the FCA’s broad 'knowing' standard, retain all import-related records for the required 5-year period, and treat customs filings as evidentiary records rather than administrative formalities.