The federal government’s growing use of the False Claims Act (FCA) to pursue customs fraud signals a new era of trade enforcement, with importers facing heightened scrutiny and increased risk of whistleblower actions.

I recently co-authored an article for the American Association of Exporters & Importers with trade attorney Evelyn Suarez, which explores this evolving enforcement landscape.

In August 2025, the Department of Justice and Department of Homeland Security announced the formation of the Trade Fraud Task Force, signaling a heightened focus on enforcement actions against companies that attempt to evade tariffs and other duties. Customs fraud has become a central enforcement priority in today’s trade landscape because, in the Trump Administration’s view, it undermines U.S. economic security, deprives the government of tariff revenue, and disadvantages domestic companies and importers that play by the rules. A core aspect of the Administration’s “America First” trade policy is the strict enforcement of trade laws to protect U.S. manufacturers, making compliance with customs laws more important than ever.

The use of the FCA to prosecute customs fraud cases has broad implications for all companies importing goods into the United States. Enforcement has steadily increased over the past decade, and this Administration’s emphasis on tariffs as a matter of national security further heightens scrutiny. The government is also encouraging whistleblowers to bring such cases, which increases exposure for companies even when allegations may lack merit.

The full article, “Cracking Down on Customs Fraud Using the False Claims Act (Pt.1),” was published by the American Association of Exporters & Importers and is available online. This is the first of a two-part series; Part 2 will take a deeper look at how the FCA is applied in customs cases and offer practical steps companies can take to prepare for and defend against such claims.