(a) Limitations on claims. Pursuant to 19 U.S.C. 1619, an informant may be paid up to 25 percent of the net recovery to the government from duties withheld; from any fine (civil or criminal), forfeited bail bond, penalty, or forfeiture incurred; or, if the forfeiture is remitted, from the monetary penalty recovered for remission of the forfeiture. The amount of the award paid to informants must not exceed $250,000 for any one case, regardless of the number of recoveries that result from the information furnished; however, no claim of less than $100 will be paid.
(b) Filing of claim. A claim must be filed, in duplicate, on DHS Form 4623 with the Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, who will make a recommendation on the form as to approval and the amount of the award. The Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations will forward the form to the Center director, who will make a recommendation on the form as to approval and the amount of the award. The Center director shall forward the form to CBP Headquarters for action. If for any reason a claim has not been transmitted by the Center director, the claimant may apply directly to CBP Headquarters.
[T.D. 98-22, 63 FR 11826, Mar. 11, 1998, as amended by CBP Dec. 12-21, 77 FR 73309, Dec. 10, 2012; CBP Dec. No. 16-26, 81 FR 93024, Dec. 20, 2016]
Notes of Decisions
White & Case LLP v. United States, 67 Fed. Cl. 164 (Fed. Cl. 2005).
· cites it 6× “§ 1619 and 19 C.F.R. § 161.16 . Compl. HIT 23 — 24. Plaintiff sought an informant’s award of up to twenty-five percent of the net amount assessed and recovered by Customs.”
White & Case LLP v. United States, 89 Fed. Cl. 12 (Fed. Cl. 2009).
· cites it 5× “§ 1619 and 19 C.F.R. § 161.16 . AR at 6-217. White & Case sought a moiety for having provided original information which identified ninety-eight fraudulent brake rotor shipments.”
United States v. Sabulon Cardenas Cuellar, 96 F.3d 1179 (9th Cir. 1996).
“§ 1619 (c); 19 C.F.R. § 161.16 . Further, any amount paid under § 1619 is to be paid out of appropriations available for the collection of the customs revenue.”
Humlen v. United States, 49 Fed. Cl. 497 (Fed. Cl. 2001).
“1996) (holding that the Government is vested with "broad discretion” in determining amount of reward payments); 19 C.F.R. § 161.16 (a) (1999) (range of reward payments is from $100 to $250,000).”
Doe v. United States, 61 Fed. Cl. 453 (Fed. Cl. 2004).
“12 (eligibility regulation); 19 C.F.R. § 161.16 (claim is filed with Special Agent in Charge, who makes recommendation as to approval and amount; form is forwarded to port director who also makes recommendation; form is then forwarded to Customs Headquarters for action).”
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