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Fines, Penalties & Forfeitures

April 2018 — Question 67

A false statement contained in a petition may subject the petitioner to prosecution under the provisions of:

Why this answer

19 CFR 171.1 governs petitions for relief from fines, penalties and forfeitures, and paragraph (d) as tested warns that a false statement in such a petition may subject the petitioner to prosecution under 18 U.S.C. 1001, the general federal false statements statute covering material falsehoods in matters within a federal agency's jurisdiction. The Title 19 statutes in the other options tempt because they are penalty provisions brokers know well, but each addresses different conduct: 1592 reaches false statements made in entering merchandise, 1641 governs broker misconduct, 1593a covers false drawback claims, and 1497 covers undeclared articles, none of which concerns petitions. Watch for: Reaching for a familiar Title 19 penalty statute instead of the general federal criminal false statements statute.

Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.

CBP's cited authority

§ 19 CFR 171.1(d)

Answer and citations as published in CBP's official answer key for the April 2018 examination.

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