National Law Review
7/20/2026

The headline needs to convey that non-importer companies can face customs fraud liability under the False Claims Act, even with DDP terms.
Original: A Company That Isn’t The Importer Of Record Can’t Get In Trouble For Customs Fraud, Right? Wrong!
Short summary
A legal article explains that companies relying on 'delivered duty paid' (DDP) Incoterms to avoid customs liability are mistaken. Under the False Claims Act, even non-importer-of-record parties can face treble damages for customs fraud. The author, a qui tam attorney, illustrates how private agreements allocating duty responsibility do not bind the government.
- •DDP Incoterms do not shield buyers from customs fraud liability
- •False Claims Act qui tam cases can target non-IOR companies
- •Treble damages plus penalties apply; relators get 15-30% of recovery
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