More Webinars in the Customs Enforcement Series
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Customs Enforcement: Fraud, Negligence, or Clerical Error? Making the Best of a CBP 1592 Investigation
Webinar: 1 CCS Credit
Over the years U.S. Customs and Border Protection and federal courts have issued hundreds of administrative and judicial decisions addressing critical commercial negligence and fraud issues under 19 USC 1592. This webinar will review the decisions having the greatest impact on CBP’s enforcement policies and procedures and identify mitigation and settlement strategies for importers to consider when faced with a claim, based on the various levels of culpability.
- fraud, gross negligence, and negligence - definitions and considerations
- asserting reasonable care claims
- personal liability of corporate officers for CBP penalties
- penalty exposure for U.S. consignees and foreign companies\
- aiding and abetting violations
- penalties and resolution for non-revenue and marking violations
- adequacy and necessity of statute of limitations waivers
- requirements and time frames for response to penalty notices
- offset options for underpayments and overpayments
- seizure authority in cases of commercial negligence or fraud
- customs broker penalties versus importer penalties
Lenny Feldman is a member of Sandler, Travis & Rosenberg’s Operating Committee and manager of its Miami office. Mr. Feldman concentrates his practice in complex issues pertaining to classification and valuation, seizures and penalties, trade preference qualification, intellectual property, importer/broker compliance, and C-TPAT/border security. He is nationally known for his expertise on CBP enforcement issues, regularly advising companies through the most challenging enforcement actions in an effective and efficient manner. Prior to joining ST&R Mr. Feldman was a senior attorney with the U.S. Customs Service (now CBP) from 1991 to 2000. While serving in the Penalties Branch he trained CBP field officials, including fines, penalties, and forfeitures officers; drafted CBP’s first enforcement process informed compliance publication; and issued several hundred national guidelines, directives, and administrative rulings in this area. Mr. Feldman currently serves as one of 20 members of the Advisory Committee on Commercial Operations to CBP (COAC), where he is co-chair of the Trade Modernization Subcommittee.