A Warning for Importers: A CBP Prior Disclosure Does Not Count for DOJ
On October 1, 2026, DOJ’s National Fraud Enforcement Division issued Directive 26-12, which makes trade fraud a corporate enforcement priority and lists ten factors prosecutors must weigh in deciding whether to charge a company. In recent remarks, a government official added a point every importer should hear: a prior disclosure filed with CBP does not count as a voluntary self-disclosure for DOJ purposes. Importers, their executives, and the companies that buy from them, now face a dedicated DOJ trade fraud section, data-driven lead generation, and a sharp focus on country of origin.
KEY TAKEAWAYS
- DOJ’s National Fraud Enforcement Division issued Directive 26-12 on October 1, 2026, listing customs-related fraud as one of four corporate investigation priorities and naming ten factors prosecutors must place great weight on when deciding whether to charge a company.
- A CBP prior disclosure is not a voluntary self-disclosure to DOJ. DOJ’s Corporate Enforcement Policy states that disclosures made only to regulatory agencies generally do not qualify.
- Country of origin fraud is the leading pattern. The government official said more than half of the trade fraud cases over the past year involved country of origin.
- Never filing an entry with CBP is not a defense. Earlier this year, a company pleaded guilty and paid a $6,382,000 fine for buying imported plywood it knew(or was willfully blind to the fact […]
