The US Department of Justice (DOJ) has made it clear: tariff evasion is no longer a “quiet offense.” It’s now the second-highest white-collar crime priority under its new enforcement strategy — and businesses with US exposure need to take note.
Speaking at a legal seminar in Kuala Lumpur, former US federal prosecutor Artie McConnell emphasized the urgency for companies to establish solid compliance programs. The goal: to avoid DOJ scrutiny and reduce potential criminal liability.
“Tariff evasion has been like speeding — everyone does it, and few get caught. That’s changing fast,” McConnell warned.
What Counts as Tariff Evasion?
According to McConnell, the DOJ is now actively targeting:
Transshipment – routing goods through lower-tariff countries.
Undervaluation – declaring a lower value than actual.
Misclassification – using the wrong HTS codes to reduce tariffs.
Although these actions may be hard to prosecute criminally due to technical complexity, they’re fair game in civil cases — and the reputational and operational risks are significant.
Why This Matters to Investors and Companies
Higher Compliance Risk for Exporters: Malaysian firms exporting to the US — especially those with complex supply chains — should expect tighter scrutiny.
Increased Whistleblower Threat: With the DOJ’s new whistleblower reward programme, tips related to tariff fraud could rise significantly.
Banking & Business Disruption: Companies under investigation risk losing access to US banking services or having global partners pull away.
Analyst Insight
For investors, this means:
Scrutinize companies with large US revenue exposure — especially those in manufacturing and trading.
Watch for firms enhancing compliance infrastructure — this could become a differentiator.
Evaluate ESG & governance disclosures — especially in sectors like gloves, electronics, and commodities.
McConnell’s key takeaway? “A good compliance program does 90% of the work to stay off the DOJ’s radar.” It’s now a cost of doing business — and avoiding it is no longer an option.
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