On August 29, 2025, the U.S. Department of Justice (DOJ) and Department of Homeland Security (DHS) announced their partnership on the cross-agency Trade Fraud Task Force. Per DOJ’s press release, the Task Force will bring robust enforcement against importers and other parties that seek to defraud the United States.
The Task Force is another step in implementing President Donald Trump’s “America First Trade Policy,” which was announced at the beginning of the Trump administration and “promotes investment and productivity, enhances our Nation’s industrial and technological advantages, defends our economic and national security, and — above all — benefits American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.” A critical part of the policy is ensuring compliance with trade laws, including the payment of all applicable tariffs and duties. This Task Force will advance the America First Trade Policy by pursuing those who violate customs laws through duty and penalty collection actions under the Tariff Act of 1930, actions under the False Claims Act, and parallel criminal prosecutions, penalties, and seizures.
The Task Force also involves a partnership between DOJ’s Civil and Criminal Divisions, which may collectively or individually bring trade-related enforcement actions against parties who seek to evade tariffs and other duties, as well as parties who seek to import prohibited goods into the United States. In announcing the Task Force, Assistant Attorney General Brett A. Shumate of DOJ’s Civil Division stated that “the Civil Division will coordinate with law enforcement partners to bring to justice any parties attempting to harm American workers through evasion of tariffs and other duties.” Similarly, Acting Assistant Attorney General Matthew R. Galeotti of DOJ’s Criminal Division stated that the Criminal Division “is committed to using every available tool to hold bad actors accountable and prevent the theft of money intended to reduce the deficit and fund government programs.” DOJ will work closely with DHS and, more specifically, U.S. Customs and Border Protection and Homeland Security Investigations.
The announcement of the Task Force was accompanied by a call for American manufacturers and workers to report unfair trade practices and trade fraud, noting that U.S. domestic companies are often best placed to identify fraud that threatens U.S. markets and American workers and their families. The announcement explains that referrals can be submitted through the Criminal Division’s Corporate Whistleblower Program. Similarly, the Task Force encourages whistleblowers to use the qui tam provisions of the False Claims Act to alert the government to credible allegations of fraud. Finally, the Task Force encourages all importers to conduct thorough audits of their importing practices and voluntarily self-disclose and remediate unlawful behavior.
The U.S. tariff landscape has changed dramatically over the past six months. Many different tariffs have been imposed on goods from virtually every country with little notice. This has led to shifts in sourcing, reevaluation of tariff classifications and country of origin declarations, and implementing of new tariff mitigation strategies. Despite all of these changes, companies need to ensure that they remain in compliance with U.S. customs law. The announcement of the Task Force reinforces this point by raising the prospect of significantly heightened civil and criminal trade and tariff enforcement. In light of this, companies should be taking steps today to enhance their trade compliance programs to minimize the likelihood that they become subject to tariff-related government investigations and enforcement actions. We discussed some of those steps, along with a more detailed analysis of the Trump administration’s focus on tariffs and tariff enforcement, in a separate white collar and trade enforcement Update available here.
