In a recent case in Florida, the Department of Justice brough a criminal smuggling charges against a Miami businessman who was said to evase tariffs on Chinese truck tires by shipping them through countries such as Canada and Malaysia. He represented to U.S. Customs and Border protection that the tires originated in Canada and Malaysia. As a result, he was able to avoid paying CBP nearly $2 Million through the scheme. The case is United States v Esquijerosa. In that case the defendantHector Samuel Esquijerosa, 52, a resident of Miami, pled guilty for his participation in a conspiracy to smuggle merchandise into the United States by means of false and fraudulent invoices presented to U.S. Customs and Border Protection (CBP), the agency in charge of collecting import duties.
According to court documents, between September 2018 and January 2023, Esquijerosa owned and operated two Miami-based companies in the business of importing tractor-trailer truck tires into the United States, Production Tire Company and Premier Trade Corporation. In court, Esquijerosa admitted that he conspired with others, including brokers, suppliers and wholesalers of truck tires located in China, Canada and the United Kingdom to evade anti-dumping and countervailing duties, or tariffs, applicable to truck tires manufactured in China that his companies illegally imported into the United States and sold to customers in the Southern District of Florida and elsewhere.
In order to conceal the true origin of the imported truck tires, Esquijerosa and his co-conspirators caused the Chinese-origin truck tires to be transshipped to the United States through third countries, including Canada and Malaysia. Esquijerosa and his co-conspirators would then file, or cause to filed with CBP, documents that falsely and fraudulently represented that the Chinese truck tires originated in countries other than China. In many instances, Esquijerosa and his co-conspirators created two sets of invoices—one that falsely and fraudulently undervalued the truck tires and was presented to CBP for calculation of the appropriate duty, and the second that reflected the actual value of the truck tires. The scheme resulted in a loss of revenue to the United States in excess of $1.9 million.
Given the new administration’s interest regarding tariffs and tariff fraud, where the facts warrant criminal pursuit this is an exampl,e where DOJ may pursue criminal investigations against importers who lie to Customs authorities. Such cases cam come from whistleblower claims.
Jeff Newman JD MBA, represents whistleblowers nationwide relating to customs and tariff fraud concerning imported Chinese goods as well as corporate whistleblowers in major claims under the False Claims Act (Qui Tam), and SEC, CFTC and FINCEN whistleblower programs. He can be reached at Jeff@JeffNewmanLaw.com or at 617-823-3217
