Tuesday, May 26, 2009

Criminal Conviction for False NAFTA Certificate of Origin

(Susan Kohn Ross — The Journal of Commerce)

The Patriot Act contains a provision which allows the U.S. to prosecute for export violations, see 18 U.S.C. 554. Gerardo Cantu was indicted under 46 counts, one each per shipment. Cantu pled guilty to ten (10) counts agreeing that he imported fabric rolls from China, moved them in-bond and intended to import them into Mexico relying on phony NAFTA Certificates of Origin. Cantu was sentenced to six (6) months in prison, three (3) years probation, and an $8,000 fine for fraudulently and knowingly facilitating the transportation, concealment and sale of Chinese textiles from the United States to Mexico with falsified invoices and NAFTA certificates of origin.

The violations came to light when an outbound shipment was designed [sic] for examination and a NAFTA Certificate of Origin claiming U.S. origin was found. Cantu was interviewed and admitted he was doing so in order to evade Mexican duties.

Any wonder why we keep seeing more export inspections?

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