There
are several white collar crimes that someone may be
charged with in relation to import crimes but one
of the most common charge is for knowingly and fraudulently
importing merchandise into the United States contrary
to the law. To
be convicted of smuggling, in most federal jurisdictions,
an Assistant United States Attorney (AUSA) must
present sufficient evidence that when submitted
to a jury or judge would prove beyond a reasonable
doubt:
1. Such said defendant knowingly imported merchandise
into the United States;
2. Such said defendant's importation was opposite
to the applicable law; and
3. Such said defendant knew the importation was
contrary to law.
How have
the courts defined import violations?
A. Failure to oblige with requirements such as the
reporting of merchandise that is being brought into
the country is just as lawfully wrong as failing
to pay custom fees. In one particular case, the
court convicted defendants for conspiracy for illegally
brigning a snowmobile from Canada to the United
States just that: illegal. The defendants had purchased
the vehicle in Canada, giving a false Canadian address,
had never reported snowmobile at any customs station,
and had concealed the vehicle in a barn in Vermont.
United States v. McKee, 220 F.2d 266 (2d Cir. 1955).
B. There must be proof of an importation when a
defendant is alleged to have imported merchandise
unlawfully. In one case, a defendant was accused
of wrongfully importing liquor from Canada, there
had to be proof that it was actually imported and
the fact that the accused ran from the officers
and labels on the liquor indicating they were in
fact made in Canada were not sufficient evidence
for conviction. Kennedy v. United States, 4 F.2d
131 (9th Cir. 1930).
C. The phrase “covertly introduce” and
the word “smuggle” mean pretty much
the same thing, since both refer to the acts of
the defendant by concealment or fraud introducing
goods into the United States, yet avoiding customs.
United States v. Claybourn, 180 F. Supp. 448 (S.D.
Cal. 1960).
Possible
Penalties:
One may be found guilty of a felony, put in prison
for up to 5 years, and fined up to $250,000.
Most
often, the State’s Assistant U.S. Attorney
(AUSA) will secure a Federal Indictment from a Federal
Grand Jury and charge a defendant not only with
an import crime, but also with wire, money, bank,
and mail fraud, money laundering, or RICO crimes,
and conspiracy to commit the crimes mentioned earlier.
One should also be aware that since 1987 parole
has been abolished in the Federal System. Expungement,
which is theremoval of conviction from public records,
is also not available.
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