New DOJ-DHS Trade Fraud Enforcement Framework: Heightened Supply Chain Scrutiny, Record Penalties, Risk Mitigation

Ms. Akers' practice focuses on international trade litigation and policy, government enforcement actions, internal investigations, and complex civil litigation. She has extensive experience representing clients in high-stakes trade disputes and litigation, customs and tariff matters, regulatory investigations, and complex civil and criminal litigation. Ms. Akers has a significant background in international trade litigation and enforcement matters, including litigation before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit. She previously led the U.S. Department of Justice's (DOJ) high-priority Trade Fraud Task Force, overseeing investigations involving customs fraud, tariff evasion and trade-related False Claims Act matters. Ms. Akers regularly advises clients on trade compliance, enforcement risk, customs disputes, government investigations and complex cross-border regulatory issues. Additionally, she is an accomplished appellate advocate who has argued 26 cases before U.S. Courts of Appeal. In addition to her civil practice, Ms. Akers has investigated and tried a range of federal criminal cases, including those involving the International Traffic in Arms Regulations (ITAR), conspiracy, wire fraud, Racketeer Influenced and Corrupt Organizations (RICO) conspiracy, smuggling, assault, witness tampering, obstruction of justice and domestic terrorism. Ms. Akers is a faculty lecturer at the DOJ's Trial Advocacy Seminar, one of the department's premier training courses, and the National Institute of Trial Advocacy, widely recognized as the leading organization for training lawyers in courtroom advocacy. She also regularly trained federal agents, attorneys and agency personnel across the executive branch on a wide range of topics, including fraud investigations and litigation best practices, and she frequently authors and speaks on related issues. In addition, she serves as an adjunct professor at The George Washington University Law School.

Ms. Kutner's practice focuses on all aspects of U.S. customs law and import compliance, including classification, valuation, country of origin determinations, country of origin marking requirements including use of the "Made in USA" mark, free trade agreements, duty preference programs, and trade enforcement actions such as the Section 232 and Section 301 tariffs. She counsels clients across industries in developing comprehensive programs and training compliance employees. Her efforts have resulted in companies realizing significant duty savings, identifying risks and opportunities, and ensuring compliance with U.S. Customs and Border Protection regulations, and those of other federal agencies such as the Federal Trade Commission. Ms. Kutner also has experience representing clients before U.S. Customs and Border Protection in administrative proceedings, including audits and focused assessments, prior disclosures, protests, and ruling requests. She regularly represents clients in enforcement actions, including seizures and forfeitures, and pre-penalty and penalty actions, which have resulted in the remission of merchandise and mitigation or cancellation of penalties. Ms. Kutner's background in customs litigation makes her uniquely qualified to handle all phases of litigation in customs and international trade matters before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit.