Trade law tripwires

On April 2, 2025, President Trump issued an executive order¹ imposing reciprocal tariffs on virtually all U.S. trading partners, raising tariff rates to levels not seen in over a century. Just a week later, those tariffs were temporarily paused for all but China, resulting in global uncertainty concerning trade, inflation, and compliance. 

FCA risks on the rise

As the tariff framework expands, so does the potential for whistleblower-driven enforcement under the False Claims Act (FCA). Whether they’re corporate insiders or competitors, whistleblowers now have increased incentive to allege trade law violations (and share in any recovery). FCA cases involving tariffs are already on the rise.² But how exactly does the tariff system open the door to liability under the FCA?

At Tariff Cases Under the False Claims Act: What Importers and FCA Attorneys Should Know, Robert Romashko will explain:

• How the tariff system operates and why it matters
• The role of whistleblowers in triggering FCA investigations
• The different forms FCA liability can take in the trade context
• Real-world examples of tariff-related FCA claims
• Key recent developments in case law

You’ll learn the core elements needed to defend against an FCA claim and identify potential risks and costs associated with litigation.

Your strategy starts here

Stay ahead of the curve in an evolving enforcement environment. Tariff Cases Under the False Claims Act: What Importers and FCA Attorneys Should Know will help you navigate one of the fastest-emerging risks in trade law.

¹Whitehouse.gov: Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits

²Foley.com: What Every Multinational Company Should Know About . . . The Rising Risk of Customs False Claims Act Actions in the Trump Administration/a>

Trade law tripwires

On April 2, 2025, President Trump issued an executive order¹ imposing reciprocal tariffs on virtually all U.S. trading partners, raising tariff rates to levels not seen in over a century. Just a week later, those tariffs were temporarily paused for all but China, resulting in global uncertainty concerning trade, inflation, and compliance. 

FCA risks on the rise

As the tariff framework expands, so does the potential for whistleblower-driven enforcement under the False Claims Act (FCA). Whether they’re corporate insiders or competitors, whistleblowers now have increased incentive to allege trade law violations (and share in any recovery). FCA cases involving tariffs are already on the rise.² But how exactly does the tariff system open the door to liability under the FCA?