Assistant Attorney General Colin McDonald's August 13 memorandum reinforces the trade and customs fraud priorities established in 2025. It expressly targets illicit transshipment, origin fraud, deliberate undervaluation, sanctions evasion and forced-labor schemes—recognizing the harm to American industry, federal revenue and national security. DOJ has made trade fraud an explicit criminal-enforcement priority, not just a CBP compliance issue.
His October 7 directive translates those priorities into prosecutorial instructions: investigate all responsible participants, consider additional charges, prioritize early asset seizures, and pursue forfeiture and civil remedies as appropriate. Their effectiveness will depend on the prosecutorial expertise, investigative resources and interagency coordination needed to execute them.
The test remains execution. Our Trade Fraud Case Tracker shows an average of 8.3 years from first violation to resolution across 34 cases closed between 2023 and 2026. Those outcomes matter, but American businesses confronting trade fraud today need an order-of-magnitude increase in both the number of cases pursued and the speed at which they are resolved, with consequences that change the incentives to commit fraud.
