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$100 Million Customs Fraud Scheme Uncovered; Complaint Charges Eight Individuals and Three Corporations for their Involvement

Written by FEDagent on . Posted in The Takedown

A complaint charging eight individuals and three corporations for their roles in a $100 million customs fraud ring was unsealed today, according to the U.S. Food and Drug Administration (FDA) Office of Criminal Investigations.

According to the complaint, the defendants would purchase large quantities of foreign-made goods, including apparel made in China and cigarettes made in India, and import them into the United States without paying import taxes or customs duties. The defendants would create paperwork and database entries that would indicate the shipments would not enter U.S. commerce and would be transshipped “in-bond” to another country.

Instead, the defendants would arrange for the shipments to arrive by ocean container to the Port of Long Beach, Calif., where truck drivers hired by the defendants would transport the goods to warehouses located throughout Southern California. Eventually, the goods would be shipped to locations across the United States.

By avoiding import taxes and customs duties, the defendants were then able to sell more merchandise at lower prices, ultimately generating greater profits than their competitors. The government has already identified nearly 100 commercial shipments of goods that were illegally imported by the defendants, FDA said. In total, the shipments were valued at more than $100 million and resulted in $10 million in lost customs duties, taxes and other revenue.

“The FDA-Office of Criminal Investigations is fully committed to investigating and supporting the prosecution of those who may endanger the public’s health and safety by importing unsafe and potentially life-threatening products,” said Lisa Malinowski, Acting Special Agent in Charge, FDA’s Office of Criminal Investigations, Los Angeles Field Office.

The case is being investigated by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Internal Revenue Service (IRS), FDA, and various other federal agencies.

“This investigation pulled back the curtain on a potentially costly fraud scheme operating in one of the world’s busiest commercial centers,” said ICE Director John Morton. “Instead, HSI, aided by our law enforcement partners, exposed and dismantled this criminal ring and now those responsible will be held accountable.”

Takedowns

Mailing of Pipe Bombs and Threatening Letters Stating "BANG!! YOU'RE DEAD." Lands Iowa Man in Prison for 37 Years

A former Iowa machinist has been sentenced to prison for mailing two pipe bombs and a dozen threatening letters to investment firms and advisors to help increase the value of the stock he owned in two companies.

John Tomkins, from Dubuque, Iowa, received 37 years in prison for, among other things, using a destructive device while mailing a threatening communication. Evidence presented at trial showed that the mailed parcels contained improvised explosive weapons (“pipe bombs”) which were capable of exploding and causing serious injury or death. Each parcel also contained a letter which stated “BANG!! YOU’RE DEAD.” Some of the letters were signed by “THE BISHOP” and concluded with “TIC TOC.”

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GEICO's Good Stuff

Navy Prepares to Purchase Ship Network Systems

GEICO’s Good Stuff is a column series highlighting great stuff happening in the federal community.

The Navy may soon be looking to procure standard networking computing equipment for its ships and submarines, according to the Space and Naval Warfare Systems Command.

Navy is expecting to release a request for proposals for the systems before the end of May. The Command had previously awarded Northrop Grumman Corp. an initial contract for its Consolidated Afloat Networks and Enterprise Services system in February 2012. That contract was valued at $637.8 million and covered installation of the gear on 54 ships.

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Case Law Update

Seventh Circuit holds that a Suspect's Inquiry "Can you Call my Attorney?" Invoked Right to Counsel

Casey Hunter was shot by police officers in the course of a pursuit.  While Mr. Hunter was in the hospital and under the influence of medically administered morphine, he was Mirandized so that law enforcement officers could interrogate him.  Before answering questions, Mr. Hunter requested that officers contact his parents and his criminal defense attorney; Mr. Hunter specifically asked “can you call my attorney?” and identified his attorney by name as Herb Schultz, a criminal defense attorney, who one of the interrogating officers had previously worked with on several occasions.  Mr. Hunter’s attorney was not called, and additional law enforcement officers then arrived and subsequently interrogated Mr. Hunter.  Mr. Hunter made incriminating statements during his interrogation.  The United States Court of Appeals for the Seventh Circuit held that the statements made after the request for access to counsel violated the suspect’s constitutional right to counsel and must be suppressed. 

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