Felony Hotline
Felonies: Call Now For Immediate Legal Assistance

1-888-LAW-EXCEL
1-888-529-9235
العربية 中國人 Deutsch English Français 日本語 русский язык Español
Offices | Contact Us
Client Login | Blog | Print | Email | Sitemap
 

Federal- Smuggling

Statute
18 USC 545. Smuggling goods into the United States

Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or

Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law—

Shall be fined under this title or imprisoned not more than five years, or both.

Proof of defendant’s possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section.

Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be forfeited to the United States.

The term “United States”, as used in this section, shall not include the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.

Jury Instruction

The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
  1. That the Defendant smuggled or clandestinely introduced merchandise into the United States without declaring the merchandise for invoicing as required under the customs laws and regulations;
  2. That the Defendant knew that the merchandise was of a type that should have been invoiced; and
  3. That the Defendant acted willfully and with intent to defraud the United States.
The words “smuggle” and “clandestinely introduce” mean the same thing, that is, to bring something into the United States secretly or by fraud.

The phrase “merchandise that should have been invoiced” refers to the customs laws and regulations, and means any goods or articles that the law requires to be declared to customs officials upon entry into the United States whether or not they are subject to the payment of a tax or duty.

To act with “intent to defraud the United States” means to act with the specific intent to deceive or cheat the Government; but it is not necessary to prove that the Government was in fact deceived or defrauded.