Do I Need to Hire a Tariff Whistleblower Attorney?

Learn What Tariff and Customs Fraud Whistleblowers Need to Know About Hiring an Attorney

If you have information about tariff fraud, import fraud, efforts to evade customs duties, or any other form of fraud involving US Customs, you may be eligible to serve as a whistleblower. Whistleblowers can report all forms of US Customs fraud, and they can receive monetary awards for their efforts in appropriate cases.

Typically, reporting fraud in these cases involves coming forward under either the False Claims Act (FCA) or the US Department of Justice’s (DOJ) Corporate Whistleblower Awards Program. Our experienced whistleblower lawyers handle both types of cases; and, if you are eligible to report fraud to the federal government, we can help you come forward through the appropriate channels.

While Not Required, Hiring an Attorney is Strongly Recommended

To be clear, you are not required to hire an attorney to represent you. This is true for both False Claims Act litigation and cases filed under the DOJ’s Corporate Whistleblower Awards Program. With that said, there are several benefits to hiring an experienced attorney—and, as a result, while not required, hiring an attorney is strongly recommended.

How a Tariff Whistleblower Attorney Can Help

Let’s say you are thinking about blowing the whistle to expose customs evasion or other fraud involving US customs duties or tariffs. What can an attorney do to help? In this scenario, you can rely on your attorney to assist you with taking critical steps including (but not limited to):

• Determining if you are eligible to serve as a tariff whistleblower. While customs duty and tariff fraud cost the federal government billions of dollars annually, there are stringent requirements for serving as a federal whistleblower. An experienced attorney will be able to determine your eligibility based on factors including (but not limited to) whether you have “insider knowledge” of “original information” that is not yet in the government’s possession.
• Helping you decide whether to come forward. If you are eligible to come forward, you must then decide whether you are prepared to come forward and file a formal whistleblower complaint with the federal government. This is a big decision, as individuals who file whistleblower claims must be prepared to work with the US Department of Justice (DOJ), US Customs and Border Protection (CBP), and potentially other federal authorities going forward.
• Helping you come forward under the FCA or the DOJ’s whistleblower program. Coming forward under the FCA involves filing a qui tam lawsuit in federal court, while coming forward under the DOJ’s whistleblower program involves meeting the program’s specific filing requirements. Whether it makes sense for you to file a whistleblower lawsuit or file directly with the DOJ, your attorney can help ensure that you qualify for protected whistleblower status.
• Working with federal agents and prosecutors on your behalf. In both False Claims Act cases and DOJ whistleblower program cases, whistleblowers must be prepared to work with federal agents and prosecutors to expose fraud schemes and/or other violations that warrant civil or criminal prosecution. Your attorney can work with the appropriate federal authorities on your behalf to uncover efforts to evade tariffs or other corporate malfeasance that justifies federal enforcement action.
• Working to maximize your whistleblower award if your case is successful. When a whistleblower’s efforts to expose tariff fraud or other fraudulent practices lead to the imposition of civil or criminal penalties, the whistleblower may be eligible to receive a monetary award. Whistleblower awards are determined based on various factors, and your attorney can work to maximize your award if your case is successful.

Again, these are just examples. If you have questions about pursuing a qui tam case under the FCA or filing a whistleblower complaint with the DOJ, we strongly encourage you to schedule a free, no-obligation consultation with one of our experienced whistleblower attorneys. We are here to help you make informed decisions, and speaking with one of our attorneys does not obligate you to move forward.

About Our Federal Whistleblower Attorneys

Here are some important facts to know about the federal whistleblower attorneys at Oberheiden P.C.:

We Help Whistleblowers Expose Everything from Anti-Money Laundering Violations to Government Contracting Fraud and Healthcare Fraud

Representing federal whistleblowers is a substantial aspect of our practice. Along with customs duty and tariff fraud, we help whistleblowers expose everything from Anti-Money Laundering Act violations and Anti-Kickback Statute violations to tax fraud, commodities fraud, securities fraud, other types of securities violations, Medicaid fraud, and fraud under other federal healthcare programs.

As a result of this experience, we are intimately familiar with the requirements for filing whistleblower complaints under all applicable federal laws. This includes the requirements for establishing whistleblower award eligibility.

We Have Extensive Experience Helping Whistleblowers Come Forward Under the False Claims Act (FCA)

Many types of whistleblower cases involve filing qui tam lawsuits under the False Claims Act. In customs duty and tariff fraud cases, this typically involves filing a lawsuit to expose “reverse false claims,” or claims that involve underpaying the federal government rather than using false statements to fraudulently obtain payments from a government agency. Both types of cases involve the same underlying legal issues; and, if you have grounds to file a lawsuit based on fraudulent efforts to avoid paying customs duties or tariffs, we can help.

We Are Intimately Familiar with the Tariffs, Countervailing Duties, and Other Customs Duties that Companies Are Required to Pay

As many of our attorneys prosecuted False Claims Act cases at the DOJ before entering private practice, we are intimately familiar with the tariffs and customs duties that companies are required to pay to avoid gaining an unfair advantage against domestic manufacturers and suppliers. This includes (but is not limited to):

• Anti-dumping duties, countervailing duties, and other import duties
• Tariffs imposed under the Harmonized Tariff Schedule
• Marking duties and other duties imposed for fair trade practices violations

We are familiar with false country of origin designations, import misclassification, and the various other issues that can warrant whistleblower complaints involving antidumping duties and other customs duties and tariffs as well.

We Handle All FCA Claims and DOJ Whistleblower Cases at No Out-of-Pocket Cost to Our Clients

In all cases, we provide whistleblower representation at no out-of-pocket cost to our clients. If you have information about a company using false documentation or other deceptive practices to evade federal customs duties or tariffs, we will not charge you any up-front or monthly fees to serve as your legal counsel. If we help you secure a whistleblower reward, our legal fees will be calculated as a percentage of the recovered funds you receive. Otherwise, you owe us nothing for our legal services.

We Will Provide Custom-Tailored Legal Advice and Representation Focused on Your Individual Circumstances

Throughout our engagement, we will provide custom-tailored legal advice and representation focused on your individual circumstances. This applies at every stage of the process—from helping you decide whether to come forward to working with the government to calculate your whistleblower reward if your case is successful.

FAQs: Hiring an Attorney to Expose Tariff Evasion or Tariff Fraud to the Federal Government

Schedule a Free & Confidential Consultation at Oberheiden P.C. | A Federal Whistleblower Law Firm

If you have questions about hiring a tariff whistleblower attorney, we invite you to get in touch. To schedule a free and confidential consultation with a senior attorney at Oberheiden P.C., call 888-680-1745 or tell us how we can get in touch online now.

Further Information About Our Customs, Trade & Tariff Whistleblower Lawyer Services

• Customs, Trade & Tariff Whistleblowers
• Customs, Trade, and Tariff Whistleblower Awards
• Who Can Serve as a Customs Whistleblower?