IMPORT AND EXPORT ATTORNEY MIAMI, FL

Experienced Defense Lawyers for Trade and Smuggling Crime Cases

Import and export offenses encompass various alleged activities related to international trade crimes. These offenses may involve smuggling goods across borders, submitting false documentation, exporting restricted items without a license, or violating U.S. sanctions programs. Because they affect the flow of goods, technology, and money across international boundaries, such cases are prosecuted under federal law—often by multiple agencies working together.

The stakes are incredibly high. Under 18 U.S.C. § 545, anyone who smuggles or attempts to smuggle merchandise into the United States “contrary to law” could face fines and up to 20 years in prison. Similar penalties apply to export violations, where the government states an item was shipped abroad without the proper license or in violation of export restrictions. These charges threaten your freedom, business, livelihood, and professional reputation.

Many don’t realize that federal investigations often start long before an arrest or charges are made. Agencies may quietly examine shipping records, financial transactions, or customs filings, building a case behind the scenes. By the time you find out about the investigation, the government might already have collected significant evidence. That’s why contacting a knowledgeable federal import/export violations lawyer as soon as you notice trouble is so important. Acting early can help protect your rights, address compliance issues beforehand, and, in some cases, prevent charges from being filed.

At Hager & Schwartz, P.A., we know how stressful it can be to face accusations related to international trade. As former prosecutors, we bring an insider’s perspective, carefully reviewing the government’s case to find weaknesses and defense opportunities. 

If you are under investigation or charged with an offense, speak with a Miami import/export crime defense attorney. Contact us to discuss how we can safeguard your future.

Understanding Export Control Laws

The United States strictly controls the movement of goods, technology, and financial transactions across borders. These rules safeguard national security, foreign policy interests, and economic stability. However, for individuals and businesses, the regulations are complicated, constantly changing, and often hard to understand. Alleged export control laws violations can result in serious consequences, so having an experienced defense team is essential.

Export Administration Regulations

The Export Administration Regulations (EAR) regulate the export of “dual-use” items—products, software, and technologies that can have civilian and military uses. The Bureau of Industry and Security (BIS) oversees these rules and ensures compliance.

BIS has emphasized that violations are taken very seriously. Under the Export Control Reform Act, criminal penalties can include fines of up to $1 million per violation and prison sentences of up to 20 years. Additionally, administrative penalties can reach $374,474 per violation. These numbers show how a single shipment or transaction can expose individuals and companies to significant liability.

International Traffic in Arms Regulations

The International Traffic in Arms Regulations (ITAR) cover defense articles, services, and related technical data, including weapons systems and military-grade equipment and technical schematics. Willful violations of the Arms Export Control Act can lead to fines up to $1 million or imprisonment for as long as 20 years. Civil penalties may reach $1.2 million or double the transaction's value, whichever is higher.

Because ITAR regulates such sensitive materials, even minor missteps, like transferring technical information to a foreign national, can lead to serious charges. As experienced ITAR violation defense attorneys, we understand the legal complexities and the personal toll these cases can take.

OFAC and Sanctions Programs

The Office of Foreign Assets Control (OFAC) manages U.S. sanctions programs restricting transactions with embargoed countries, targeted individuals, or prohibited entities. Unlike EAR and ITAR, these rules go beyond physical exports to financial transactions, banking, and investments.

Violations of the International Emergency Economic Powers Act (IEEPA) can lead to civil penalties of up to $377,700 per violation or twice the value of the transaction involved. OFAC’s enforcement guidelines permit penalties to be imposed for up to ten years after the alleged conduct, making these cases especially challenging. An enforcement action can threaten your financial stability and cause long-term damage to your reputation.

Other Relevant Laws

In addition to EAR, ITAR, and OFAC regulations, individuals and companies may also face allegations under:

• Anti-boycott regulations, which prohibit participation in foreign boycotts not sanctioned by the U.S.
• Anti-smuggling statutes, including laws targeting concealed or misclassified goods.
• Customs laws, which govern the proper declaration and valuation of imports and exports.

Every case is unique. As former prosecutors, we draw on our knowledge of how federal agencies build their cases to develop customized defense strategies. Whether your issue involves EAR compliance, ITAR violations, or OFAC enforcement, we aim to defend your rights and protect what matters most—your freedom, livelihood, and future.

Common Import/Export Violations We Defend

Federal authorities investigate various conduct related to import and export crimes. Each allegation presents unique risks, but they all share one common element: the potential for severe penalties if not handled carefully and skillfully. We represent individuals and businesses accused of serious violations, offering targeted defense strategies that address legal and personal challenges.

Smuggling and Customs Fraud

Smuggling charges often involve hiding merchandise, misdeclaring goods, or submitting fake invoices to avoid duties. Under 18 U.S.C. § 545, smuggling goods into the United States can lead to fines and up to 20 years in prison.

 Federal customs fraud charges under 19 U.S.C. § 1592 include misclassification, undervaluation, and other deceptive practices. U.S. Customs and Border Protection (CBP) can seize goods, impose fines, and pursue forfeiture.

Our defense strategies in these cases typically involve challenging the validity of the government’s evidence, negotiating with prosecutors to reduce or dismiss charges, and petitioning CBP for the return of seized property. As experienced import/export fraud attorneys, we have defended clients against complex customs violations.

Unlicensed Export of Defense Articles

The ITAR regulate “defense articles” (military equipment and related items), “technical data” (blueprints, schematics, and instructions), and “defense services” (training or assistance). Unauthorized transfers or exports can lead to unlicensed export charges and even accusations of international trafficking.

Under the Arms Export Control Act, willful violations can lead to fines up to $1 million or imprisonment for as long as 20 years. Civil penalties may reach $1.2 million or twice the value of the transaction.

Our attorneys are experienced ITAR violation defense lawyers, skilled in courtroom defense and assisting businesses with compliance programs, voluntary disclosures, and effective responses during sensitive import/export criminal investigations.

EAR Violations and Dual-Use Items

The EAR covers “dual-use” items—goods and technology with civilian and military uses. BIS is responsible for enforcement, and the penalties are severe: up to 20 years in prison and $1 million in fines for each violation, with administrative penalties up to $374,474 per violation. Civil fines may also exceed the transaction value.

Common issues include exporting controlled technology without a license, re-exporting goods through third countries, or transferring sensitive information to foreign nationals within the United States (so-called “deemed exports”).

As part of our EAR compliance defense services, we assist clients with commodity classification, license applications, and responses to BIS investigations, offering proactive guidance and vigorous defense if allegations are made.

Sanctions Violations and OFAC Enforcement

OFAC administers U.S. sanctions that restrict trade and financial dealings with embargoed countries and entities on the Specially Designated Nationals (SDN) list. Violations of the International Emergency Economic Powers Act (IEEPA) can result in civil penalties of up to $377,700 per violation or twice the transaction value. In serious cases, OFAC may also refer matters for criminal prosecution.

Sanctions investigations often focus on banking activity, business dealings with restricted entities, or indirect transactions through third parties. Our attorneys represent clients in responding to OFAC subpoenas, negotiating settlements, and mounting a strong defense against OFAC enforcement actions.

Import and export cases threaten liberty and risk careers, businesses, and reputations. Leveraging decades of combined experience and our background as former prosecutors, we craft defense strategies to pursue just outcomes for every client we serve.

Investigations, Seizures, and Criminal Proceedings

Import and export cases rarely begin with a sudden arrest. More often, they unfold quietly as federal agencies gather documents, monitor shipments, and review financial records. By the time you learn you’re under investigation, the government may already have built a case. Understanding how these investigations work, and what steps you should take, is critical to protecting yourself.

Multiple agencies oversee the enforcement of import/export laws and often collaborate in joint investigations. 

These agencies include:

• The Bureau of Industry and Security (BIS), which enforces the Export Administration Regulations.
• The Office of Foreign Assets Control (OFAC), which administers and enforces U.S. sanctions programs.
• U.S. Customs and Border Protection (CBP), responsible for inspecting shipments and monitoring compliance with customs laws.
• The Department of Homeland Security, Homeland Security Investigations (HSI), which investigates international trade and smuggling offenses.
• The Department of Justice (DOJ), which prosecutes federal crimes in court.

When these agencies pool resources, they can execute search warrants, seize goods, and bring criminal charges with significant force.

Customs Seizures and Petitions

CBP has the authority to seize merchandise it suspects of violating customs laws. This can happen if goods are mislabeled, undervalued, or linked to alleged smuggling or sanctions violations. For businesses, losing shipments can be devastating, delaying operations, straining partnerships, and threatening financial stability.

To challenge a seizure, the owner must file a petition for relief. Timing is crucial; missing deadlines can lead to the government permanently keeping the goods. We help clients prepare convincing petitions, gather supporting evidence, and fight for the release of seized property. Our role is to stand between clients and the overwhelming power of the federal government, protecting their rights in the process.

Grand Jury Investigations and Criminal Charges

When agencies suspect criminal activity, they often present cases to a federal grand jury. This process may include subpoenas for documents, requests for testimony, or even a target letter—a formal notice that you are under investigation. If the grand jury issues an indictment, formal charges are filed.

These proceedings can be intimidating, and the government’s reach is extensive. Having an experienced smuggling defense lawyer or import/export fraud lawyer by your side is crucial. We assist clients through interviews, respond to subpoenas, and, when needed, fight aggressively in federal court. We aim to defend against allegations and reduce the personal and professional damage they can cause.

Compliance and Risk Mitigation

In international trade, prevention is better than defense. While our firm is ready to fight aggressively if charges are filed, we also assist clients in taking proactive steps to prevent violations from occurring. A strong compliance framework can reduce risk and serve as a strong defense if the government initiates an investigation.

Voluntary Self-Disclosure and Cooperation

The BIS and OFAC promote voluntary self-disclosures when potential violations are found. These disclosures show good faith and can significantly lower penalties. According to OFAC’s enforcement guidelines, penalties may be reduced if a company or individual voluntarily reports issues and cooperates with investigators. Cooperation can often make the difference between a civil settlement and criminal prosecution.

Compliance Programs

An effective compliance program can safeguard your business and reputation. Regulations under the EAR, the ITAR, and U.S. sanctions programs are complex and constantly changing. Failure to comply can result in civil and criminal penalties, loss of export privileges, and even debarment from federal contracting.

A well-designed program typically includes:

• Training employees on EAR, ITAR, and sanctions requirements.
• Establishing internal controls and oversight mechanisms.
• Screening all transactions against restricted party lists.
• Maintaining thorough, accurate records to withstand audits or government inquiries.

By implementing these measures, companies can minimize the risk of violations and position themselves to respond credibly to regulators' questions.

Ongoing Monitoring

Compliance requires continuous attention. Laws change, international conditions fluctuate, and enforcement priorities shift. That’s why we suggest regular audits, commodity classification reviews, and updates to training and procedures. Consistent monitoring helps organizations detect potential issues early, preventing them from becoming costly liabilities.

We collaborate with clients to develop compliance strategies that prevent violations, reduce penalties, and facilitate business continuity. As former prosecutors, we understand how regulators assess cooperation and compliance, and we leverage that knowledge to create solutions that minimize risks while strengthening our clients’ position if questions arise.

Why Choose Our Miami Export Control Lawyers

Confronting an import or export charge is a legal challenge and a pivotal moment that can impact your freedom, your business, and your reputation. Federal prosecutors dedicate significant resources to these cases, and the penalties for violating EAR, ITAR, or sanctions laws can be life-altering. That’s why having experienced legal counsel is crucial.

Over the years, our record in federal crimes includes dismissing charges, negotiating favorable plea deals that protect clients’ businesses, and recovering goods wrongfully seized by customs authorities. These outcomes stem from our ability to anticipate government strategies and develop defenses that reveal their weaknesses.

What sets us apart is our dedication to client-focused service. At Hager & Schwartz, P.A., we recognize how disruptive these cases can be and take pride in being accessible, responsive, and highly protective of our clients’ confidentiality. Every case is handled with a custom approach because no two clients—or allegations—are alike.

If you are under investigation or charged with an import/export offense, do not wait to seek help. Contact our Miami office for a confidential consultation and learn how our dedicated team of export control lawyers can protect your future.