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Judge: Esther Salas
Court: United States District Court for the District of New Jersey (Essex County)
Plaintiff's Attorney: United States Attorney's Office in Newark
Description: Newark, New Jersey civil litigation lawyers represented Defendant charged with evading customs duties on clothing that it imported into the United States.
Anyclo International Inc. (Anyclo) pleaded guilty to an information charging the company with evading customs duties. Anyclo was also sentenced on this charge today to a criminal fine of $250,000 and ordered to pay restitution to the United States in the amount of $2.05 million.
Anyclo admitted that from Oct. 5, 2012, to Aug. 5, 2019, it evaded customs duties on clothing and apparel that it manufactured abroad and imported into the United States. Anyclo perpetrated the scheme by preparing two invoices for the same shipments: an accurate invoice provided to U.S. purchasers, and a false invoice undervaluing the goods that Anyclo furnished to U.S. Customs. By falsely undervaluing its merchandise, Anyclo drastically underpaid customs duties that it owed based on the true value of those goods.
The civil settlement with Anyclo resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties, called relators, to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The relator, Yang Sup Cha, will receive 18 percent of the civil settlement amount recovered by the United States pursuant to the False Claims Act.
U.S. Attorney Sellinger credited special agents with the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Ricky J. Patel in Newark, and members of the Office of Trade, Regulatory Audit & Agency Advisory Services, under the supervision of Acting Field Director of the New York Office Teresa Halpin, with the investigation leading the guilty plea and civil settlement.
The government is represented in the criminal case by Assistant U.S. Attorney Fatime Meka Cano of the Economic Crimes Unit in Newark, and in the civil case by Assistant U.S. Attorney David V. Simunovich of the Health Care Fraud Unit in Newark.
Outcome: Anyclo also agreed to a civil settlement with the United States, which includes paying $2.05 million, plus interest, over 15 months to resolve its potential liability under the False Claims Act.