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Mining Law Monitor - Volume 22, Issue 1 - (Spring 2005)

Client Alert | less than 1 min read | 06.07.05

  • "Twentymile: The Latest Word on Liability for Independent Contractor Violations Under the Mine Safety and Health Act," Co-Authors: Tim Biddle, Ed Green and Dan Wolff.
    This article also appeared in Stone, Sand & Gravel Review, (July/August 2005)
  • "Focus on Explosives: Failures and Fees," Co-Authors: Ed Green and Mike Gill.
  • "The Resurgence of The U.S. Mining Industry in 2005 And How Our Legal System Can Help It Flourish," Author: Tim McCrum.
  • "MSHA's Dilemma," Co-Authors: Tim Means and Linda Lavache.
  • "An Uncertain Outlook For General Permitting Under The Clean Water Act NPDES Program," Co-Authors: Rich Schwartz, Ellen Steen, and Kirsten Nathanson.

Insights

Client Alert | 4 min read | 05.18.26

(Not) All’s Weld That Ends Weld: Duty Evasion Scheme Ends in Historic $549.5M FCA Settlement

The Department of Justice (DOJ) and the cross-agency Trade Fraud Task Force have upped the ante by an order of magnitude in the government’s pursuit of customs fraud. On May 1, 2026—only a few months after setting its previous record-high customs-related False Claims Act (FCA) settlement of $54.4 million with Ceratizit USA, LLC—the DOJ shattered that record with a $549.5 million settlement with Perfectus Aluminum Inc., its subsidiary Perfectus Aluminum Acquisitions LLC, and a set of four affiliated warehousing companies. The Perfectus settlement resolves allegations that the defendants violated the FCA by evading antidumping and countervailing duties (AD/CVD). The settlement resolves three separate qui tam complaints filed by two individual relators and the Aluminum Extruders Council, an international industry association. Defendants were previously criminally convicted on charges related to the same scheme, and those convictions were affirmed by the Ninth Circuit in 2024....

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