ADK Publishes Expert Opinion Series for Law.com on Trade Enforcement Litigation Defense and Compliance
In the wake of President Trump's new tariff regime, ADK partner Anthony Pacheco engaged with Law.com to publish an expert opinion series on trade enforcement litigation defense and compliance.
“The Cost of Trump's Tariffs Is Not Just Financial: It's the Uncertainty They Bring” examines current trends in trade enforcement and compliance. In the today’s trade environment, making accurate tariff payments is no easy feat. Trade duties are difficult to assess, compliance programs are expensive, and tariff laws turn on a dime. But companies cannot simply ignore tariffs, any more than they can ignore other taxes. By understanding where and how the government is cracking down, companies can prepare to compete safely and effectively in a landscape that’s more fraught than ever.
“The Frontline of Trade Compliance: Seven Steps to Protect Against Tariff Evasion Liability” proposes proactive compliance as the best frontline defense in this era of unprecedented volatility in tariffs and trade controls. Once a company is under the government’s microscope, it should assume that any aspect of its operations may be examined. Regulators will expect rigorous recordkeeping, disciplined decision-making, and a demonstrable history of compliance. Failing to meet those expectations may turn a manageable inquiry into a broader investigation and potential enforcement action. Companies can use this seven-step checklist to identify gaps, strengthen controls, and manage liability in their tariffs and customs compliance framework.
“What to Do When Trade Non-Compliance Turns Criminal: Potential Trial Defenses in Tariff Evasion Prosecutions,” co-authored with ADK partner Tony Brown, assesses potential defenses in tariff evasion and non-compliance prosecutions, with practical guidance for counsel preparing to litigate. The legal elements and procedural rules in tariff evasion cases are similar to those of other federal prosecutions. Defense counsel can challenge the government's proof of knowledge and intent; contest the sufficiency of evidence; raise constitutional, jurisdictional, or statute of limitations defenses; and assert justification and excuse matters. But given the highly technical nature of customs laws and regulations, the same confusion that leads to charges of non-compliance can also be the source of an unexpectedly effective defense.
Anthony brings a veteran litigator's perspective to import/export compliance and defense, having handled far-reaching investigations related to trade fraud and tariff evasion. He has also counseled companies regarding import and export controls, sanctions, import regulations, and the host of administrative, civil, and criminal laws used to enforce compliance with duties and tariffs, including the FCA. Additionally, he has represented global companies in federal investigations into trade control and tariff evasion cases, export control and sanctions, numerous federal statutes, such as The Buy American Act and the International Emergency Economic Powers Act (IEEPA), and analysis of duties under the Harmonized Tariff Schedule.
Tony has guided companies through numerous government investigations of export control and related regulatory matters. He has also represented individuals charged with criminal violations of the Export Administration Regulations under IEEPA.