While preparing the entry documents for a shipment on behalf of its client Angel Industries (Angel), Shady CHB (Shady) sees that the insurance value for the shipment is significantly lower than the commercial invoice value. In response to Shady's inquiry concerning the differences, Angel explains that there are two commercial invoices for the shipment. The first commercial invoice is the real invoice from the shipper which shows the lower amount that is used for insurance purposes. The second commercial invoice is created by Angel at a higher amount and is used as the invoice for calculating Customs value and upon which it pays the duties, taxes, and fees. Angel explains that it uses the two invoice system in its accounting records to reduce its reportable profit for income tax purposes. Shady's attorney advises Shady to terminate its relationship with Angel because the “double invoice scheme” is fraudulent. Of the choices below, what is Shady's best next step?
Document the scheme, end the relationship and report it to CBP. Under 19 CFR 111.32 a broker must not file or assist in filing any document known to be false, and must document and report to CBP when it separates from or cancels representation of a client because it determined the client is intentionally trying to use the broker to defraud the U.S. Government; the report must give the client name, date of separation or cancellation, and reason. Filing at either value continues to serve a client running a double-invoice fraud, and the fact that CBP is overpaid does not make the false invoice lawful: a false statement on an entry is still a violation the broker cannot knowingly assist (111.53(c)-(d)). Source: 19 CFR 111.32, 111.53(c)-(d) (2023 ed.; unchanged in 2024 ed. and in eCFR as at 7 Oct 2026). CBP answer key: A. CBP's citation: 19 CFR 111.32; 19 CFR 111.53.
Overpaying duty looks harmless to CBP, but the broker would still be filing a knowingly false invoice for a client engaged in fraud.
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