Trade Fraud Task Force Lays Out Tools it Intends to Use Against Fraud

Jul. 16, 2026
By: Pietro N. Bianchi

The Trade Fraud Task Force (TFTF), which is comprised of various agencies and divisions within the Department of Justice (DOJ) and Department of Homeland Security (DHS), published the Resource Guide to Trade Fraud Enforcement. The guide lays out how the task force intends to investigate trade fraud and the tools it intends to use to punish trade fraud. The guide sets forth an aggressive enforcement posture, using administrative, civil, and criminal laws. Reading and understanding the legal theories presented in the document should help importers avoid meeting the TFTF in person.

While the document does repeatedly make clear that fraud requires a level of intent and knowledge, it also makes clear that the TFTF is not inclined to give violators the benefit of the doubt, stating that the “era when a company can claim ignorance of its upstream partners’ activities is over.” This statement highlights how the TFTF expects IORs, who are ultimately responsible for ensuring the imported goods comply with laws and regulations, to investigate suppliers upstream from their immediate suppliers. While this is not entirely new information for importers, the nature of the TFTF document should catch the attention of importers.

The guide proceeds to describe the very real and serious problem of forced labor and lists common fraud typologies. While the guide classifies each typology as fraud, the laws and regulations provide various standards of care for each type of customs and trade issue, such as fraud, gross negligence, negligence, and reasonable care. In the case of the Uyghur Forced Labor Prevention Act, the IOR’s level of care is irrelevant – goods are prohibited from importation unless the importer can overcome CBP’s rebuttable presumption. Those in the import community should take these issues seriously and develop compliance procedures.

If you have questions about customs compliance, reasonable care, or due diligence do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.