Kirby McInerney LLP Launches CustomsFraudWhistleblower.com, a Free Educational Resource for Potential Whistleblowers in Customs Fraud Cases

New website provides guidance on False Claims Act qui tam procedures, customs duty evasion schemes, and how to evaluate whistleblower counsel

NEW YORK--(BUSINESS WIRE)--Kirby McInerney LLP, a leading whistleblower law firm, today announced the launch of customsfraudwhistleblower.com, a free educational resource for potential whistleblowers in customs fraud cases — covering the qui tam process, reporting options, and how to evaluate counsel.

The site is designed for customs brokers, compliance officers, logistics managers, sourcing professionals, freight forwarders, and others with first-hand knowledge of customs duty evasion who are considering whether and how to come forward.

Why the Site Was Built

Customs fraud is one of the most active areas of False Claims Act enforcement in the United States. DOJ and DHS launched a joint Trade Fraud Task Force in August 2025, and recent settlements have ranged from $1 million to $54.4 million, with relators recovering 15 to 30 percent of the government’s proceeds.

Many potential relators are unaware of the qui tam process, uncertain how to evaluate counsel, and unsure which steps to take — and in what order — to protect their eligibility for an award. The site addresses each of those questions in detail.

“The people who uncover customs fraud —brokers, logistics managers, suppliers — are often the ones least certain about what to do with what they know. We built this site so that uncertainty doesn’t become an obstacle. Someone who understands how the qui tam process works, what the law protects, and what questions to ask a lawyer can take that next step with confidence.”

— Thomas Elrod, Partner, Kirby McInerney LLP

Site Content and Coverage

CustomsFraudWhistleblower.com covers the major categories of customs fraud under active federal enforcement:

• Transshipment fraud, including the routing of Chinese-origin goods through Vietnam, Malaysia, Thailand, Mexico, and Cambodia to evade Section 301 tariffs and antidumping and countervailing duty orders.
• Undervaluation and double invoicing, in which importers present artificially low invoices to CBP while paying true prices through separate channels.
• Tariff misclassification, in which goods are entered under Harmonized Tariff Schedule codes that carry lower duty rates than the applicable code.
• Undeclared assists, including tooling, molds, fabric, and design work supplied to overseas manufacturers that must be added to declared value under 19 U.S.C. § 1401a.
• False country-of-origin declarations and related antidumping and countervailing duty evasion.

The site also covers industry-specific patterns in apparel, auto parts, steel and aluminum, electronics, and solar panels, and addresses the four principal reporting channels — False Claims Act qui tam, CBP e-Allegations, EAPA, and moiety claims — including the sequencing decisions that determine which fits a given case. A dedicated section on evaluating counsel covers the questions a prospective relator should ask before signing a representation agreement: track record, fee structure, cost advancement, and how the firm approaches the government-intervention decision.

“The people who hold that evidence are often sitting on it because they don’t know what to do next. What we see consistently is that the single most important variable is whether a potential relator understood the process before taking any action. This site exists to close that gap. Whether someone ultimately calls us or another law firm, we want them to walk in with the right questions asked and the right steps already taken.”

— Randall Fox, Partner, Kirby McInerney LLP

Anti-Retaliation Protections and the Under-Seal Process

The site covers anti-retaliation protections under the False Claims Act — including reinstatement, double back pay, and attorneys’ fees — and explains the qui tam under-seal process: a complaint filed in federal court remains sealed while the government investigates, so the defendant does not learn of the case or the relator’s identity until that review is complete. For relators still employed by the subject importer, the seal is often decisive.

Confidential Case Reviews

Potential relators may request a confidential case review through the site. Consultations are protected by attorney-client privilege, carry no fee, and do not constitute a commitment to retain the firm.

About Kirby McInerney LLP

Kirby McInerney LLP is a law firm that represents whistleblowers, with a national practice spanning federal and state False Claims Act qui tam litigation and IRS, SEC, and CFTC whistleblower programs. The firm represented the whistleblower who received nearly $200 million — the largest CFTC whistleblower award on record — in connection with investigations into the manipulation of benchmark interest rates used by global banks. The firm also secured the largest income tax recovery under the New York False Claims Act: a $105 million settlement for the underpayment of New York taxes. The firm represents relators on a contingency basis and advances all costs of litigation.

This press release is provided for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Attorney advertising.