Featured Articles:

Supreme Court’s Wire Fraud Decision Raises Risks for Government Contractors

In a unanimous decision, the U.S. Supreme Court, in Kousisis v. United States affirmed a lower court’s decision upholding a conviction of federal wire fraud for inducing a victim to enter into a transaction under materially false pretenses, even if the defendant did not intend to cause the victim economic loss.  The Supreme Court rejected the limiting of federal fraud cases to those where there...

Understanding Section 301 and 232 Tariffs

With the rising importance of trade compliance programs, it is important to start with the law.  (Spoken like a true lawyer).  The U.S. relies on two powerful tariff tools — Section 301 and Section 232 tariffs.  Relying on these provisions, the U.S. government can impose additional duties on imported goods.  The key difference between the two is the specific legal authority and the different policy...

Episode 372 — DOJ Applies False Claims Act to Tariff and Trade Violations

Never underestimate the creativity and ability of federal prosecutors to apply federal criminal laws to address “new” crimes or new enforcement programs.  Corporate leaders and compliance officials are making a serious mistake when they confuse a “pause” in FCPA enforcement to mean a reduction in federal criminal prosecutions.  This Administration has no problem in taking aggressive positions in the legal arena and I would expect...

Criminal Liability and Tariff and Trade Enforcement

Tariff and trade violations are on DOJ’s radar screen.  No question but starting with Customs and Border Patrol we can expect that regulatory investigations and enforcement actions will increase.  Along with that — you can bet on this — DOJ’s criminal prosecution of tariff evaders will increase.  This is not very surprising — companies have an incentive to circumvent and evade tariffs.  Depending on the...

OFAC Recalibrates Syria Sanctions in Response to Regime Change

On May 23, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License No. 25 under the Syrian Sanctions Regulations, marking a measured but far-reaching reconfiguration of U.S. economic policy toward Syria. Acting in close coordination with the Department of State’s issuance of a national security waiver under Section 7425 of the Caesar Syria Civilian Protection Act of 2019...

Episode 371 — DOJ Announces New Corporate Enforcement Program

With each new Administration comes a new approach or emphasis on certain enforcement priorities.  The Trump Administration is marking its territory and doing so to underscore its priorities.  In a recent speech, the Assistant Attorney General Matthew R. Galeotti for the Criminal Division announced DOJ’s new approach.  To reinforce this new approach, DOJ issued a new memorandum, Focus, Fairness and Efficiency in the Fight Against...

False Claims and Trade Compliance: Enforcement Examples (Part III of III)

In the prior post, I cited three significant risk areas for False Claims Act (“FCA”) risks and trade compliance: (1) Valuation; (2) Misclassification and (3) Country of Origin.  Barco Uniforms On April 18, 2025, the United States filed a complaint against Barco Uniforms Inc. (“Barco”), Kenny Chan, David Chan, and companies operated and controlled by the Chans, alleging that they violated the False Claims Act...

A Dangerous Combination: False Claims Act and Trade Violations (Part II of III)

As in every Administration, the Trump Department of Justice has made clear its enforcement priorities — government fraud, immigration and national security to include tariff and trade violations.  DOJ fully recognizes the power of the False Claims Act as  a powerful enforcement tool when it comes to trade and tariff enforcement.  Add to the mix, the well-established whistleblower or qui tam relator program and you...

DOJ Applies False Claims Act to Tariff and Trade Violations (Part I of III)

Never underestimate the creativity and ability of federal prosecutors to apply federal criminal laws to address “new” crimes or new enforcement programs.  Corporate leaders and compliance officials are making a serious mistake when they confuse a “pause” in FCPA enforcement to mean a reduction in federal criminal corporate prosecutions.  This Administration has no problem in taking aggressive positions in the legal arena and I would...

Episode 370 — Anti-Corruption Update with Scott Greytak, Transparency International USA, and Josh Birenbaum from Foundation for Defense of Democracies

With the recent announcement by the Justice Department of a “pause” in FCPE enforcement, questions have arisen as to the U.S. continuing commitment to international anti-corruption efforts and re-focused priorities. To examine the shifting landscape, Michael Volkov invited Scott Greytak, the Director of Advocacy for Transparency International US and Scott Birenbaum, deputy director of FDD’s Center on Economic and Financial Power, to discuss the current...