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 20 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.
Notes of Decisions
United States v. Yuri Izurieta, 710 F.3d 1176 (11th Cir. 2013).
· cites it 27× “*1178 RESTANI, Judge: Defendants-Appellants Yuri Izurieta and Anneri Izurieta appeal their convictions and sentencing for a conspiracy to unlawfully import goods into the United States in violation of 18 U.S.C. § 545 and 18 U.S.C. § 371 . For the following reasons, we vacate the…”
United States v. Bader, 678 F.3d 858 (10th Cir. 2012).
· cites it 12× “§ 333 (e); (4) knowingly facilitating the sale of merchandise (HGH) brought into the United States contrary to law, in violation of 18 U.S.C. § 545 ; and (5) conspiracy to possess with intent to distribute a controlled substance (testosterone cypionate), in violation of 21 U.”
United States v. Ivan Garcia-Paz, 282 F.3d 1212 (9th Cir. 2002).
· cites it 12× “Garcia-Paz appeals from his conviction, following a jury trial, of importation of merchandise in violation of 18 U.S.C. § 545 (2001). He argues that (1) for the purposes of section 545, marijuana does not constitute “merchandise”; (2) the district court improperly refused to…”
United States v. Alghazouli, 517 F.3d 1179 (9th Cir. 2008).
· cites it 8× “*1182 Three counts (Counts 1, 2, and 6) charged Alghazouli with violating 18 U.S.C. § 545 . Section 545 prohibits fraudulent or knowing importation of merchandise “contrary to law,” as well as the receipt, concealment, or sale of merchandise, or the facilitation of the…”
One Lot Emerald Cut Stones & One Ring v. United States, 409 U.S. 232 (1972).
· cites it 6× “Klementova was indicted, tried, and acquitted of charges of violating 18 U. S. C. § 545 1 by willfully and know *233 ingly, with intent to defraud the United States, smuggling the articles into the United States without submitting to the required customs procedures.”
United States v. an Antique Platter of Gold, 991 F. Supp. 222 (S.D.N.Y. 1997).
· cites it 13× “Magistrate Judge Buchwald issued the warrant pursuant to 18 U.S.C. § 545 and to 19 U.S.C. § 1595a, finding that the Government had shown probable cause' to believe that the Phiale was subject to civil forfeiture.”
Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83 (2d Cir. 2012).
· cites it 2× “§ 371 ; two counts of smuggling goods into the United States, in violation of 18 U.S.C. § 545 ; and four counts of trafficking in counterfeit goods, in violation of 18 U.”
United States v. Donald Cone, 714 F.3d 197 (4th Cir. 2013).
· cites it 4× “3 2 In addition, Zhao was individually indicted on five counts of importa- tion and sale of improperly declared goods in violation of 18 U.S.C. § 545 (Counts 2-6); four counts of trafficking in counterfeit goods and labels in violation of 18 U.”
United States v. Heon Seok Lee, 937 F.3d 797 (7th Cir. 2019).
· cites it 4× “Smuggling Convictions We turn now from Lee’s wire fraud convictions to his three smuggling convictions under 18 U.S.C. § 545 . The statute pro- vides, in part: Whoever fraudulently or knowingly imports or brings into the United States, any merchandise Nos.”
United States v. Leon J. Dodd, 43 F.3d 759 (1st Cir. 1995).
· cites it 9× “On appeal, Dodd challenges the sufficiency of the evidence and whether 18 U.S.C. § 545 actually proscribes the conduct for whieh he was convicted.”
United States v. Mohammad Reza Mehrmanesh, 689 F.2d 822 (9th Cir. 1982).
· cites it 3× “The 1975 hashish smuggling incident The Government sought, successfully, to introduce evidence that in June 1975 Mehrmanesh possessed packets of hashish that had been smuggled into the United States, for which Mehrmanesh pleaded guilty to a charge of smuggling under 18 U.S.C. §…”
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