United States v. Chmielewski 218 F.3d 840 (2000) United States Court of Appeals

Question

United States v. Chmielewski 218 F.3d 840 (2000) United States Court of Appeals (8th Cir.) BACKGROUND AND FACTS Chmielewski sold $2.7 million in slot machines to rwarders reported to the United States the false values customers in South Africa. South Africa's import duty contained in the defendant's invoices as part of the at the time was 69 percent ad valorem. In a scheme to "Shipper's Export Declaration" [now the Electronic Export help his customers avoid the duty, Chmielewski sent Information] required for such exports. If the freight them false sales invoices grossly understating the forwarders had been given the true values, the scheme to alue of the machines. The South African government defraud the South African government would have failed, lost $1.4 million in duties the false invoices to his U.S. freight forwarders who Declaration are reported by the U.S. to the country used that information for his export documentation receiving the exports. with U.S. Customs. Chmielewski was paid by cash and travelers' checks. On his conviction for the crime of rial that Mr. Chmielewski was aware of the Shi making and conspiring to make false statements to the Export Declaration form and knew that the false values United States (under Title 18 U.S.c 371 and 1001), he supplied to his freight forwarders would be submit- Chmielewski appealed. He argued that there was ted in turn to the United States. First, Mr. Chmielewski insufficient evidence to convict. He also argued that received copies of the customs documentation pre- the loss of tariff revenue-and thus the harm-occurred pared by the freight forwarders. These documents outside the United States (i.e. to South Africa) and included completed copies of the Shipper's Export therefore should not be considered as a factor Declaration form with the false values that he had sentencing necessary customs declarations. Accordingly, the freight as a result. Chmielewski sent because the values declared on the Shipper's Export The government presented sufficient evidence at provided. The Shipper's Export Declaration form declares prominently on its face that it is used for official purposes by the Secretary of Commerce and RICHARD S. ARNOLD, CIRCUIT JUDGE Mr. Chmielewski also sent the false invoices to his U.S. that a criminal penalty may be imposed for falsified freight forwarders. Freight forwarders arrange the ship- forms ment of goods overseas; their duties include filling out the required documentation for U.S. customs. Freight forwar inferred that Mr. Chmielewski knew about the customs ders do not inspect the cargo themselves but rely on orms and intended the false statements of value to be information provided by the exporter in completing the made to the government. Based on his knowledge of the From this evidence, the jury could have reasonably continues

Explanation / Answer

1. This is not allowed. Using two different invoices- one for US customs and another for the foreign government basis which they will calculate import duties is a clear case of collusion with foreign buyers is material misrepresentation amounts to fraud. The US vendor should straightaway refuse to do so.

2, Export license has been issued for a specific purpose and for a specific order. Once it has been used, it can not be used again unless there is some quantity left for exports. You can use it ONLY for the extent of goods still unexported. Using it again is a material misrepresentation of facts for US customs and is a prosecutable offense.

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