The False Claims Act (FCA) and International Trade

Why Should You Attend:

Whistle-blowers can get handsomely rewarded for telling the U.S. Government about wrongdoing. The whistleblowers (also known as relators) engage in private action. Most whistle-blowers tend to be employees reporting on the compliance practices of their employers. However, given the nature of imports and exports, competitors are also uniquely situated to engage in whistle-blowing against their rivals.

The power of applying the FCA to customs and other violations does not end with its stringent penalty regime. When a statute so authorizes, a private citizen (like a competitor, embittered employee or, say, angry girlfriend) may bring a "qui tam" lawsuit against a company or person believed to have violated the law.

Learning Objectives:

There is a new reality concerning trade violations. The U.S. government is likely to bring criminal charges whenever possible in conjunction with the use of civil law statutes. This is designed to increase the risk and severity of penalties for trade violators. You will learn about the False Claims Act – and how you and your company may suffer if you or your company has or is violating federal (and state and local) law. For would-be whistleblowers, learn how you can use your knowledge to make a lot money and help U.S. governments right wrongs.

Areas Covered in the Webinar:

• Customs Fraud
• Common Customs Violations
• Civil and Criminal Laws Enforcing Customs Violations
• Favorite Criminal Statutes Commonly Used in Enforcement of Customs Violations
• How FCA Claims Begin
• What is a "Qui Tam" Action?
• Why Qui Tam Actions?
• Implications of Criminalization
• The Result of FCA Lawsuits
• Potential FCA Defenses
• Recent False Claims Act Cases
• Preventing Problems

Who Will Benefit:

Importers, exporters, prosecutors, customs officers, customs brokers, insurance companies, surety companies, pharmaceutical companies, healthcare companies, defense contractors, financial companies, banks, transportation providers (rail, air, ocean, trucking), legal, paralegals, manufacturers, investigators, accountants, CPAs, financial advisors, international trade consultants, federal and state and local government contractors, warehouse operators, sales departments embittered employees.

Martin Behr
Partner, Law Office of Martin K Behr

Martin is a customs and international trade lawyer admitted to practice in New Jersey, New York and Pennsylvania, and before the U.S. District Court for the District of New Jersey and the U.S. Court of International Trade. Martin received a Bachelor of Arts degree from Rutgers University, a Master of Public Administration degree from Fairleigh Dickinson University, and a law degree from Rutgers School of Law - Newark. He is also a licensed U.S. Customs Broker, one who worked in the industry for several years.

Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land, air, and sea ports of entry. While with U.S. Customs at the Port of New York/Newark, he was a member of the agency's export control branch.

Martin is also a former special agent with the U.S. Department of Defense, assistant prosecutor with the Office of the Hudson County (NJ) Prosecutor, and executive with a global FMC-licensed Ocean Transportation Intermediary.

An instructor with City University of New York's Baruch College, Martin teaches international trade courses (import, export, logistics, business and law). Martin was also an adjunct professor with Fashion Institute of Technology and Pace University. In addition to his legal practice, Law Office of Martin K. Behr (www.behrlaw.com), he is of counsel to GRVR Attorneys LLC, a customs and international trade law group headquartered in Dallas, TX (www.exportimportlaw.com).

Topic Background:

Use of the False Claims Act ("FCA"), codified at 31 USC §§ 3729-33, was once extremely rare. Until the 1986 amendments to this 1863 law (which is also known as "Lincoln's Law" -- legislation designed to combat corrupt war profiteers during the Civil War), this was an under-utilized tool. Since 2008, however, the U.S. Department of Justice been more than willing to use the FCA to prosecute trade and all kinds of other violations of law. The U.S. Government has been recovering many billions of dollars from violators every year.

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