Perfectus Aluminum Inc. and Related Companies Agree to Pay $549.5 Million to Settle False Claims Act Allegations Relating to Evaded Customs Duties

LOS ANGELES - California-based companies Perfectus Aluminum Inc., Perfectus Aluminum Acquisitions LLC and four affiliated warehousing companies have agreed to pay a total of $549.5 million to resolve allegations that they violated the False Claims Act by knowingly and improperly evading, or conspiring to evade, antidumping and countervailing duties owed to the United States on aluminum extrusions imported from the People's Republic of China (China).

"The President's America First Trade PolicyLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link. defends this country's national and economic security and ensures compliance with trade laws, including the payment of tariffs intended to level the playing field for U.S. manufacturers," said Acting Attorney General Todd Blanche. "Those who try to game the system harm American businesses and workers and will be brought to justice."

"Unscrupulous, corrupt, and anti-competitive practices against American manufacturers will not be tolerated," said First Assistant U.S. Attorney Bill Essayli for the Central District of California. "Law enforcement will use all legal means to protect American taxpayers, workers, and businesses."

"Consistent with the goals of the Task Force to Eliminate FraudLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link., this settlement reflects our commitment to hold accountable those who commit fraud on the government by withholding duties that are owed on imported goods," said Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division. "The Civil Division will continue to zealously pursue those who attempt to evade such duties and harm U.S. manufacturing jobs."

U.S. Customs and Border Protection (CBP) played a pivotal role in this action, providing critical support through the Office of Trade, Office of Field Operations, Office of Finance, and Office of Chief Counsel. "Duty evasion is not a victimless crime; it hurts businesses that play by the rules and undermines U.S. economic security," said CBP Office of Trade Executive Assistant Commissioner Susan S. Thomas. "I am proud of CBP's close collaboration with the Justice Department and Homeland Security Investigations, as we work together to protect the American economy."

To enter goods into the United States, an importer must declare, among other things, the country of origin of the goods, the value of the goods, whether the goods are subject to duties, and the amount of duties owed. U.S. Customs and Border Protection (CBP) collects applicable duties, including antidumping and countervailing duties assessed by the Department of Commerce. Antidumping duties protect against foreign companies "dumping" products on U.S. markets at prices below cost, while countervailing duties offset foreign government subsidies. During the relevant time period, aluminum extrusions from China were subject to both antidumping and countervailing duties.

The settlement resolves civil allegations that, from July 2011 through June 2014, Defendants Perfectus, Perfectus Aluminum Acquisitions, and its affiliated warehousing companies 1001 Doubleday, LLC; Von-Karman Main Street, LLC; 10681 Production Avenue, LLC; and Scuderia Development, LLC (together, "Perfectus Defendants") knowingly made, and caused others to make, false statements on Customs Form 7501 Entry Summaries that were material to obligations to pay duties owed to CBP on extruded aluminum.

The Perfectus Defendants knowingly and improperly avoided antidumping and countervailing duties owed on more than 2.2 million aluminum extrusions in the form of "pallets," which they misrepresented to CBP as finished merchandise not subject to antidumping and countervailing duties. The pallets were simply aluminum extrusions that were spot-welded together to make them appear to be functional pallets. In fact, there were no customers for these pallets imported by the Defendants between 2011 and 2014, and no pallets were ever sold. On August 23, 2021, a jury in the Central District of California convicted the Perfectus Defendants of Conspiracy to Commit an Offense Against the United States or Defraud the United States, among other things. United States v. Perfectus Aluminum Inc., et al., No. 2:19-cr-00282-GK (C.D. Cal.).

The settlement with the Perfectus Defendants resolves civil lawsuits filed by relators Mike Rapport, Eric Shen, and the Aluminum Extruders Council under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and to share in a portion of the government's recovery. The lawsuits were separately filed in the Central District of California and later consolidated under the caption United States ex rel. Rapport v. PengCheng Aluminum Enterprise Inc., et al., No. 5:15-cv-00712 (C.D. Cal.). As part of today's resolution, the relator share will be 17.5 percent of the settlement proceeds that are returned to CBP.

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division's Commercial Litigation Branch, Fraud Section, and the U.S. Attorney's Office for the Central District of California, with assistance from CBP's Office of Associate Chief Counsel, Los Angeles West Region.

This year the Administration launched the Task Force to Eliminate Fraud and the National Fraud Enforcement Division to enhance the Administration's war on fraud, waste, and abuse in federal programs. When unscrupulous actors exploit these programs for their own financial gain, they defraud the government, harm the people these programs are designed to aid and protect, and undermine American businesses that play by the rules. The Civil Division's FCA enforcement plays a critical role in combatting such fraudulent schemes, recovering billions of dollars for the American taxpayers, and holding wrongdoers accountable. FCA matters will continue to be on the forefront of the battle against fraud, and the Civil Division's FCA work will support and advance the mission of the Task Force to Eliminate Fraud and the National Fraud Enforcement Division.

The Civil Division coordinated this action through the Department of Justice's Trade Fraud Task Force, a cross-agency law enforcement effort. The Task Force was created to leverage all of the Department's tools and authorities to prevent trade fraud that deprives the government of vital revenue, threatens critical domestic industries, undermines consumer confidence, and weakens national security. The Task Force is designed to pursue enforcement actions against parties who seek to evade tariffs and other duties, as well as smugglers who seek to import prohibited goods into the American economy. The Justice Department encourages whistleblowers to alert the government to credible allegations of fraud, including utilizing the qui tam provisions of the False Claims Act or through the Department's Corporate Whistleblower Program at [email protected] using the form available here.

Assistant United States Attorney Hunter B. Thomson for the Central District of California and Attorneys Jennifer Chorpening and Martha Glover of the Justice Department's Civil Division, Commercial Litigation Branch, Civil Fraud Section, handled the case.