When the FBI Comes Calling…®

IMPORT CRIMES

You may be charged with:

IMPORT CRIMES (18 U.S.C. § 545)

Although there are several white collar offenses for which one may be charged in relation to import crimes, a common charge is for knowingly and fraudulently importing merchandise into the United States contrary to law.

In most federal jurisdictions, to be convicted of smuggling, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:
1. That the defendant imported merchandise into the United States;
2. that the defendant's importation was contrary to applicable law; and
3. that the defendant knew the importation was contrary to law.

So how have the courts interpreted import violations?

A. Because adequate reporting of merchandise being brought into the country is absolutely necessary to the enforcement of customs laws, failure to comply with such requirements would be just as criminal as failure to pay customs fees. The court found that the conviction of defendants for conspiracy to illegally bring a snowmobile from Canada into United States just. The defendants had purchased the vehicle in Canada, giving a false Canadian address, had never reported snowmobile at any customs station, and had concealed vehicle in barn in Vermont. United States v. McKee, 220 F.2d 266 (2d Cir. 1955).

B. When a defendant is alleged to have imported merchandise unlawfully, there must be proof of the importation. In one case, in which a defendant was accused of wrongfully importing liquor from Canada, there had to be proof of such importation, and mere flight of the accused from officers, and labels indicating Canadian origin, were not sufficient for conviction. Kennedy v. United States, 4 F.2d 131 (9th Cir. 1930).

C. The word "smuggle" and the phrase "clandestinely introduce" mean substantially the same thing when viewed against the background of English Common Law, since they both refer to the acts of the defendant in surreptitiously and by concealment or fraud introducing goods into United States in avoidance of customs. United States v. Claybourn, 180 F. Supp. 448 (S.D. Cal. 1960).

Potential Punishment:
One may be found guilty of a felony, imprisoned up to 5 years, and fined up to $250,000.

When one is charged under this statute, the AUSA will seek an indictment from a Federal Grand Jury and may include charges under other federal statutes, like Terrorism, Treason, NBC Weapons, or Subversion, and is likely to couple those charges with another lesser included offense like Obstruction of Justice where applicable. Should the government decide not to immediately seek indictment, one may be held under the Material Witness statute or, if related to any ongoing war (including the War on Terrorism) may be held through Combatant Detention.