On August 29, 2025, the Justice Department and the Department of Homeland Security launched a cross‑agency Trade Fraud Task Force to coordinate civil and criminal enforcement against tariff evasion, customs fraud, and smuggling, formalizing collaboration among DOJ’s Civil and Criminal Divisions and Department of Homeland Security’s investigative components (CBP and HSI). Office of Public Affairs | Departments of Justice and Homeland Security Partnering on Cross-Agency Trade Fraud Task Force | United States Department of Justice.
To better understand the significance of this announcement to white-collar criminal and False Claim Act defense practitioners, we have combed through early commentary exploring the significance of the creation of this task force. Early commentary uniformly predicts sharper, parallel enforcement using the Tariff Act, the False Claims Act, and Title 18 offenses, alongside stronger information‑sharing and whistleblower pathways that will materially raise risk for importers and affiliated intermediaries.
Key Development
DOJ’s official announcement states the Task Force will “bring robust enforcement against importers and other parties who seek to defraud the United States,” augment existing interagency coordination, and pursue both civil and criminal actions against duty‑evasion and prohibited‑goods schemes. Multiple analyses confirm the structure brings together DOJ Civil and Criminal with DHS partners—particularly CBP and HSI—to move more quickly and comprehensively on customs‑related misconduct. Commentators emphasize the initiative’s aim to centralize authority, share data and expertise, and increase the likelihood of coordinated, parallel resolutions.
Practical implications
For white‑collar and FCA defense, the most immediate shift is an increased probability of parallel civil–criminal exposure in matters once handled primarily through administrative or civil processes, raising stakes for early engagement, privilege‑protected internal reviews, and remediation strategy. The press‑release‑driven “call to audit and self‑disclose” will pressure companies to move quickly on classifications, valuation, and origin determinations, and to consider voluntary disclosures where issues are discovered. FCA exposure is explicitly highlighted, expanding the pathway for relators and DOJ to pursue treble damages for duty‑evasion theories such as undervaluation, misclassification, and false origin reporting.
Enforcement focus
Sources consistently indicate the Task Force will use a mix of tools: duty and penalty collection under the Tariff Act of 1930, FCA actions (including qui tam), and when appropriate, criminal fraud and conspiracy charges under Title 18, with seizures and forfeiture as available. Targeted conduct includes false country‑of‑origin declarations, misclassification, fraudulent undervaluation, and related schemes undermining tariff policy and depriving the government of revenue. DOJ and DHS partners signal particular attention to compliance with antidumping/countervailing duties and Section 301 tariffs, reflecting recent tariff‑policy priorities and historic risk areas.
Trends and shifts
The launch marks a notable elevation of trade‑fraud within DOJ’s white‑collar agenda, aligning with recent Department planning that identifies “trade and customs fraud, including tariff evasion” as a top priority for criminal and civil enforcement. Commentators tie this move to the Fraud Section’s renewed focus on tariff‑evasion schemes and the consolidation of resources to address origin, valuation, and classification fraud more aggressively across industries and supply chains. DOJ leadership remarks further underscore that the Criminal Division is leading efforts to investigate and prosecute trade‑fraud cases as a defined enforcement lane, signaling sustained attention rather than a one‑off initiative.
Defense takeaways
- Expect data‑driven, parallel civil–criminal inquiries involving DOJ, CBP, and HSI, and plan for integrated strategies that can withstand simultaneous FCA, Tariff Act, and Title 18 scrutiny.
- More aggressive auditing of tariff classifications, valuation methodologies, and origin documentation; implement enhanced supplier diligence and documentation controls tuned to AD/CVD and Section 301 risk.
- Anticipate increased whistleblower activity and relator interest in customs‑related FCA theories; reinforce hotlines, retaliation protections, and rapid triage protocols to surface and remediate issues early.
- When issues arise, consider timely voluntary disclosures and concrete remediation to mitigate penalties and shape resolution pathways before enforcement hardens into parallel proceedings.
Bottom line
The Task Force converts what had been diffuse customs enforcement into a coordinated DOJ‑DHS priority that marries civil recovery, criminal prosecution, and whistleblower incentives, materially raising exposure for importers and affiliates across the trade ecosystem.
