New Hampshire-based furniture seller Yogibo will pay $217,832 to settle charges it violated the False Claims Act by "failing to pay customs duties on imports from China," the U.S. Attorney's Office for the District of Massachusetts announced July 26. The case was brought by David Kohlenberger, a whistleblower and former senior logistics and warehouse manager for Yogibo from 2017 to 2021, who will receive 20% of the settlement.
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The following lawsuits were filed at the Court of International Trade during the week of July 10-16:
The EU July 14 asked the World Trade Organization to assess whether the U.S. has complied with a dispute panel report finding that U.S. countervailing duties on Spanish olives violated WTO commitments. The EU said the U.S. "has so far failed to comply with" the panel ruling and that the duties, which could shove Spanish olive exporters out of the American market, remain in place.
Defendants in False Claims Act cases still have a valid defense in light of the U.S. Supreme Court's recent ruling in U.S. ex rel. Schutte v. SuperValu "if there is objective ambiguity" in the law and there exists a "genuine subjective belief in the validity of the claim," Akin Gump lawyer Robert Salcido said in a blog post. FCA defendants also have a valid defense if they "acted with mere negligence or inadvertence," Salcido added, explaining the plaintiff must show that the defendant acted with a "substantial and unjustifiable risk."
The following lawsuits were filed at the Court of International Trade during the weeks of June 26 - July 2 and July 3-9:
The White House on June 28 announced its nominations to fill two vacancies on the Court of International Trade.
The following lawsuits were filed at the Court of International Trade during the week of June 19-25:
DOJ rolled out indictments on June 23 against four China-based chemical manufacturing companies and eight employees and executives at these companies for knowingly making, selling and distributing precursor chemicals for fentanyl proliferation in the U.S. Filing three cases at two New York district courts, Attorney General Merrick Garland said the suits stand as an effort to target "every step of the movement, manufacturing, and sale of fentanyl -- from start to finish." The cases mark the first time a Chinese company or individual has been charged for trafficking fentanyl precursor chemicals.
The following lawsuits were filed at the Court of International Trade during the weeks of May 29-June 4, June 5-11 and June 12-18:
South Korean company Anyclo International pleaded guilty to evading customs duties on clothing it imported, agreeing to a civil settlement with the U.S. under which it will pay $2.05 million to the U.S. in restitution, the U.S. Attorney's Office for the District of New Jersey announced. A $250,000 criminal fine also was levied. Anyclo will pay the settlement, plus interest, over 15 months to resolve potential charges under the False Claims Act.