ADCO Industries (a/k/a Dallco Marketing, Inc.), a Dallas-based importer of industrial products, along with two Chinese companies and two individuals, has agreed to pay $2.5 million to resolve allegations that it violated the False Claims Act by failing to pay customs duties on imports from China, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Customs laws require importers to pay duties on the price paid for imported goods. This settlement resolves allegations that ADCO, its owner Raymond E. Davis, customs broker Calvin Chang, and Chinese companies Xiamen Atlantis MFC Co., Ltd. and Xiamen Taft Medical Co., Ltd. conspired to underreport the value of imported goods delivered to ADCO in the United States.
Specifically, the government alleged that for customs valuation purposes, falsified invoices were created and submitted to U.S. Customs and Border Protection (CBP) containing false, lower values for the goods ADCO was receiving from China. It contended that a second set of correct invoices—invoices that were not submitted to CBP—were then used to ensure that ADCO paid its Chinese suppliers for the actual value of the goods. The government further alleged that this false invoicing practice resulted in the undervaluation of goods upon entry into the United States, which resulted in the loss of revenue in the form of customs duties and other fees.
“Customs laws are an important component of national security and, among other things, protect the public and American businesses from unfair competition,” said U.S. Attorney Leigha Simonton. “This office will continue to aggressively investigate and hold accountable anyone it believes has tried to cheat the government and the public at large through the manipulation of customs duties.”
“CBP’s Consumer Products and Mass Merchandising Center of Excellence and Expertise worked in collaboration with the U.S. Attorney’s Office to identify and review over 1,000 import entry lines entered by ADCO, as relevant to the underreporting allegations,” said Director Gregory Alvarez of the CBP Atlanta Field Office. “CBP is proud of the investigative work done by its experienced Import Specialists on the case and will continue to work collaboratively with inter-agency stakeholders to safeguard our nation’s economic security.”
The settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the FCA, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit is captioned United States ex rel. Reznicek et al. v. Dallco Marketing, Inc. et al., No. 3:22-CV-332-L (N.D. Tex.). The relators (whistleblowers), Donald Reznicek and Collen McFarland, will receive a $500,000 share as part of the settlement.
The matter was handled by Assistant United States Attorneys William Admussen and Brian Stoltz. The civil claims settled by the settlement agreement are allegations only; there has been no determination of civil liability.