Forged Certification Defense for Importers

Defense Lawyers Representing Importers Accused of Submitting Forged Certifications to Customs Authorities

Products imported into the United States must comply with federal product safety and environmental requirements. These requirements are intended to protect American consumers and prevent counterfeit parts and other dangerous items from entering the US market. Submitting forged certifications during (or after) the import process can lead to serious fraud allegations and prosecution by the US Department of Justice (DOJ).

John W. Sellers — **Attorney John Sellers**
International Trade Team Lead
Former DOJ Trial Attorney

**Glenn Karabeika**
International Trade Team
Former HSI Special Agent

Importers are subject to extensive statutory and regulatory compliance obligations under US federal law. For many importers, these obligations include requirements to certify compliance with product safety or environmental standards. Issuing a forged certificate or false certificate can have serious consequences, and importers accused of certification compliance must be prepared to defend themselves by all means available.

Our international trade lawyers defend importers accused of all forms of certification fraud—including forgery of Children’s Product Certificates and EPA Certificates of Conformity, among others. We defend importers accused of misrepresenting imported goods in order to pay reduced tariff rates as well. If your company is facing federal scrutiny, we can help, and we encourage you to contact us promptly for a free and confidential consultation.

Forged Product Safety Certification Defense

Product safety certification compliance is essential for companies that import children’s products (among other products) from manufacturers and distributors in other parts of the world. The US Consumer Products Safety Commission (CPSC) and US Customs and Border Protection (CBP) have systems in place to detect safety-related fraud, including forged and altered product safety certificates.

As a result, importers routinely face scrutiny involving allegations related to:

Counterfeit Parts

Federal law prohibits importing counterfeit products (including counterfeit electronic parts and other counterfeit components) for safety and intellectual property-related reasons. When US companies import counterfeit parts from foreign original component manufacturers, distributors, or other alternate sources, they can face serious consequences—especially if they have taken affirmative steps to attempt to evade detection.

Dangerous Materials

Using forged certificates to import dangerous materials poses similar legal risks. For example, if importers or other organizations import products from foreign suppliers that have been shown through testing to contain possible or probable human carcinogens without complying with all pertinent federal safety requirements, this can lead to a high-stakes federal enforcement action.

Other Foreign Supply Chain Risks

Using forged certificates to evade detection of other foreign supply chain risks can lead to a high-stakes federal enforcement action as well. This includes everything from misrepresenting that products were tested in accredited labs to failing to adequately verify a product’s true country of origin before importing it for sale to US customers.

Fake End Use Certificates (Fake Certificates)

End use certificates (or end user certificates) can be used to limit importers’ compliance obligations in appropriate cases. However, these documents are also ripe for abuse—and this has led to enhanced federal scrutiny in recent years. From creating a fake certificate number to falsely stating the intended end use of goods transported to the US through global trade, various allegations related to importers’ end use documentation can potentially lead to serious federal charges.

Forged Environmental Compliance Certification Defense

Along with cases involving forged product safety certifications, we also handle cases involving forged environmental compliance certifications and other cross-border environmental compliance enforcement matters. When it comes to environmental compliance, federal law focuses on prevention—the goal is to prevent dangerous goods from entering the United States.

As a result, the EPA’s ability to control imports is critical. However, due to the extraordinary volume of goods entering the United States every day, inspecting every single import for potential environmental risks simply is not practical. As a result, like many other federal compliance programs, the EPA’s import compliance program relies on importers to self-certify. In many cases, even if goods will be re-transferred out of the United States, environmental compliance is still required to prevent contamination and other issues.

While it is becoming increasingly difficult for the EPA to manage import compliance, the EPA relies on several red flags to pursue enforcement actions when warranted. Each of the following warning signs can be a strong indicator that an importer is not in compliance with the law:

Incomplete or misleading data regarding environmental compliance
Importing high-risk goods from certain foreign countries (i.e., China, India, Singapore, and Brazil)
Efforts to deliver high-risk goods while circumventing federal environmental compliance standards

The EPA typically relies on various forms of evidence to pursue investigations related to suspected forged environmental compliance certifications. During these investigations, targeted importers will be expected to produce clear documentation in support of their claims of compliance. If targeted importers cannot sufficiently demonstrate a good-faith commitment to compliance in their global procurement processes, this can potentially lead to administrative, civil, or criminal enforcement action depending on the specific allegations involved.

Import Compliance Related to Defense Articles

We represent domestic companies involved in the defense industry as well, including members of the Defense Industrial Base (DIB). Defense importers—from those importing technology to those importing significant military equipment—must strictly comply with the International Traffic in Arms Regulations (ITAR) as well as all other pertinent sources of federal statutory and regulatory authority. Whether imported for domestic use or for re-export to foreign governments, defense articles are subject to extensive documentation requirements, and failure to comply with any of these requirements can lead to invasive and high-stakes federal scrutiny.

5 Key Facts About Certification and Documentation Compliance for US Importers

Due to the complexity of federal import compliance (and the risks of noncompliance), US importers need to ensure that they are taking an informed, comprehensive, and good-faith approach to meeting their statutory and regulatory obligations on an ongoing basis. If your company imports goods that are subject to certification or other documentation requirements (above and beyond the US Customs and Border Protection (CBP) commodity declaration requirements), here are five key facts to keep in mind:

1. Heavy Financial Penalties Apply

The CPSC, EPA, CBP, and other regulatory bodies can impose heavy financial penalties for customs fraud and other forms of noncompliance. The DOJ can also pursue civil or criminal enforcement when warranted.

2. Ignorance Can Be Dangerous

Ignoring safety or environmental concerns (or suppressing red flags) can lead to importers being accused of willful ignorance, which can increase the risks of being accused of submitting a forged certification.

3. Good-Faith Reliance Can Be a Valid Defense

On the other hand, if importers can prove that they were deceived by a third party’s forgery, this can serve as a valid defense to liability for submitting false or misleading information to the CPSC, EPA, CBP, or other federal authorities.

4. Forged Certifications Can Lead to Other Allegations

Along with concerns about regulatory compliance, forged certifications can also race concerns about trade-based money laundering and other federal crimes—and this makes it critical to assess all pertinent risks when facing federal scrutiny.

5. Compliance is Critical for Risk Mitigation

Maintaining effective compliance procedures, reasonable verification processes, and strong documentation can all be key to avoiding unnecessary liability in the event that an importer is accused of submitting a forged certification to the federal government.

At Oberheiden PC, we rely on extensive experience to defend importers accused of submitting forged certifications nationwide. If you are under investigation or facing charges, we can explain everything you need to know, and we can promptly get to work building a comprehensive and cohesive defense strategy.

FAQs: Defending Allegations of Submitting Forged Certifications to the Federal Government

How does CBP spot fake certificates (including forged end user certificates)?

US Customs and Border Protection (CBP) and other federal authorities use various tools to spot fake certificates (including forged end user certificates). Since manual checks are difficult at scale, these authorities are increasingly relying on AI to analyze both document structure and contents to detect fake certificates and determine when enforcement action may be warranted.

What are the risks of using a forged certificate of compliance (i.e., a forged Children’s Product Certificates and EPA Certificates of Conformity) for importing?

The risks of using a forged certificate of compliance to import foreign goods into the United States are substantial. Not only can this form of fraud result in denial of entry or seizure at the border, but it can also lead to administrative or civil enforcement actions by regulatory agencies (i.e., the CPSC and EPA) as well as prosecution by the US Department of Justice (DOJ).

Do I need a lawyer if I have been accused of using a forged certification to import foreign goods?

If you have been accused of using a forged product safety or environmental certification to import foreign goods into the United States, you should engage experienced defense counsel promptly. You must quickly determine what defenses you have available, and then you must assert these defenses effectively to avoid unnecessary consequences.

Speak with a Forged Certification Defense Lawyer at Oberheiden PC

To speak with a forged certification defense lawyer at Oberheiden PC, contact us today. We represent importers and other clients nationwide. Call 888-680-1745 or tell us how we can help online to arrange a free and confidential consultation.

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