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Date: 03-21-2022
Case Style:
Case Number: 20-CV-58-LTS-KEM.
Judge: Leonard T Strand
Court: United States District Court for the Northern District of Iowa (Linn County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney: Ward Rouse
Description: Cedar Rapids, Iowa civil litigation lawyers represented defendants accused of violating the False Claims Act by misclassifying their imported chain saw chains and blades to U.S. Customs and Border Protection (USCBP).
The government specifically alleged that from September 24, 2018, though June 10, 2019, TriLink classified imported chain saw chains and blades under inappropriate subheadings of the Harmonized Tariff Schedule of the United States. The government further alleged that TriLink’s false classification of the imported chain saw chains and blades during that time period resulted in nonpayment of applicable tariffs due and owing to the United States pursuant to Section 301 of the Trade Act of 1974.
“False classification of imported goods deprives the United States of tariffs that are due and owing under the law and results in unfair competition against law-abiding companies,” said Timothy Duax, Acting United States Attorney for the Northern District of Iowa. “We will continue to work with our federal partners to hold importers accountable to ensure that they do not avoid payment to the United States.”
LaFonda D. Sutton-Burke, the Chicago Director of Field Operations for U.S. Customs and Border Protection stated, “This is a prime example of the vigilance of our CBP employees, and our use of a whole of government approach. Entities that attempt to defraud the U.S. Government, the American people, and our economy will not succeed.”
This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreement, the whistleblower will share in the United States’ financial recovery.
The claims asserted against TriLink are allegations only; there was no determination or admission of liability.
The case was handled by Assistant United States Attorneys Matthew K. Gillespie and Jacob A. Schunk and was investigated in coordination with USCBP.
Outcome: 03/17/2022 18 ORDER; the Relator's Complaint, the Government's Notice of Intervention, this Order, and the Courts Order Granting Voluntary Dismissal will be unsealed. All other papers or Orders on file in this matter shall remain under seal. Any matters occurring after the date of this Order will be unsealed. Signed by Chief Judge Leonard T Strand on 3/17/2022. (jlh) (Entered: 03/17/2022)
03/17/2022 19 ORDER Dismissing Case. This dismissal disposes of all claims in the above-referenced matter. Signed by Chief Judge Leonard T Strand on 3/17/2022. (jlh) (Entered: 03/17/2022)
Settled for $500,000.
Plaintiff's Experts:
Defendant's Experts:
Comments: