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Clifford Chance
Briefings

Briefings

Don't wait for the Supreme Court to rule on tariffs: Enforcement is happening now

12 February 2026

The U.S. Department of Justice (DOJ) is starting 2026 with an aggressive approach to tariff evasion enforcement, following a record year of False Claims Act (FCA) recoveries and a significant increase in trade fraud investigations. 2025 ended with a string of high-profile FCA resolutions, including a settlement for US$54 million, underscoring that tariff evasion  is an increasingly  prime target for both civil and criminal enforcement.

Whatever the Supreme Court's decision in the current tariff case, tariffs are here to stay, and enforcement will remain aggressive.

Businesses must remain vigilant in ensuring their compliance frameworks are up to the challenge.

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