Becerra Law, P.A. Becerra Law, P.A.2026-10-13T18:28:42Zhttps://www.rjbecerralaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404645/2020/07/cropped-Favicon-32x32.pngOn Behalf of Becerra Law, P.A.<![CDATA[Can your vendor’s FCPA violation become your liability?]]>https://www.rjbecerralaw.com/?p=506122026-10-13T18:28:42Z2026-10-13T18:28:42ZWhen can your company face liability?
A company may face liability for bribery by employees or agents acting within the scope of their duties and intending, at least partly, to benefit the company. It may also face exposure for third-party payments that meet the FCPA knowledge standard. This includes cases where the company knew some or all of the payment would fund bribes. Knowledge can include awareness of a high probability that a payment will fund bribery and deliberate efforts to avoid confirming it. A vendor's misconduct alone does not make its customer liable.
A compliance program alone does not shield a company. Prosecutors may consider its quality, the company's response, cooperation and steps to prevent future breaches when deciding how to proceed. The DOJ's FCPA Resource Guide explains these standards.
Which vendor warning signs deserve attention?
Unusually high commissions, vague contracts and unexplained offshore payments can signal corruption risks. Close ties between a vendor and foreign officials may also warrant attention. These warning signs do not prove wrongdoing, but they should prompt risk-based review and further inquiry where needed.
How can you reduce third-party compliance risks?
Risk-based vendor screening can help document your company's efforts to manage corruption risks. Its value depends on how thoroughly your company designs, implements and follows the process. Practical steps include:
Screening vendors and relevant owners or intermediaries.
Including anti-bribery terms and audit rights in contracts.
Reviewing invoices and payments for legitimate services.
Monitoring higher-risk relationships and documenting how concerns are addressed.
The SEC's FCPA overview explains the law's anti-bribery provisions and separate accounting requirements for public companies. The rules that apply depend partly on your company's status and conduct.
What should you do when compliance concerns emerge?
Vendor-related bribery concerns can lead to inquiries, fines and reputational harm. An FCPA compliance attorney can help assess third-party risks, review procedures and advise when warning signs emerge.]]>On Behalf of Becerra Law, P.A.<![CDATA[Can a U.S. business sue a foreign supplier?]]>https://www.rjbecerralaw.com/?p=506092026-09-28T09:29:48Z2026-09-28T09:29:48ZWhen a supplier's breach can lead to a lawsuit
A business may have a breach of contract claim when a supplier fails to meet its obligations. Examples include missed delivery dates, incomplete orders and goods that fail to meet agreed standards.
The business must generally prove that a valid agreement exists and that the supplier failed to fulfill its duties. Contracts, payment records and written communications can help establish the claim.
How contract terms affect cross-border disputes
International supply agreements often explain how parties must resolve disputes. A contract may identify the country's laws that govern the agreement and the courts that can hear a claim.
Some contracts require arbitration instead of a lawsuit. Businesses should review these terms before pursuing a claim.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) may also govern international sales between businesses in participating countries. The United States is a party to the CISG, but parties may exclude its application in appropriate circumstances.
Where can a business file a lawsuit?
A U.S. business may sue a foreign supplier in a U.S. court if the court has authority over the supplier. The supplier's U.S. business activities and the contract's terms may affect that decision.
Depending on the circumstances, the business may need to pursue the claim in the supplier's country or through arbitration.
What evidence can support a claim?
Businesses should keep records that show the parties' obligations and the supplier's alleged breach.
Contracts and purchase orders: These establish the agreed duties.
Invoices and payment records: These show payments and outstanding amounts.
Shipping documents: These help track delivery dates and shipment details.
Emails and inspection reports: These document delays, defects and other problems.
What remedies may be available?
Depending on the contract and applicable law, a business may seek damages or other remedies. The CISG may allow a business to claim damages, require performance or avoid the contract when the circumstances justify those remedies.
Reviewing the contract, preserving evidence and identifying the proper legal forum can help businesses assess their options in a cross-border dispute.]]>On Behalf of Becerra Law, P.A.<![CDATA[Can AI voice cloning lead to federal wire fraud charges?]]>https://www.rjbecerralaw.com/?p=506072026-09-23T09:00:22Z2026-09-23T09:00:22ZHow does an AI voice-cloning scam work?
Criminals can use public audio and AI tools to copy the voice of a trusted person, such as a business executive or partner. The FBI warns that these tactics can trick businesses into giving up information or approving fraudulent transactions.
The scam can look like a business email compromise. A criminal poses as a CEO, CFO or vendor and creates urgency around a payment. The employee thinks the request is real and sends funds to the criminal's account.
Why are international businesses vulnerable?
Importers, exporters and other companies involved in global trade often work across time zones and make large wire transfers. An urgent payment request may get less scrutiny, especially when it appears to come from a trusted executive or overseas partner.
Cross-border transactions can also make recovery harder. The FBI advises businesses that lose money to a fake transfer to call their bank right away and report the incident to the Internet Crime Complaint Center.
What should a business do to reduce the risk?
Steps companies can take to reduce their risk include:
Confirming unusual payment requests through a separate communication channel
Requiring multiple approvals for large or unexpected wire transfers
Training employees to question urgent requests for new payment instructions
Documenting internal approval processes and keeping records of all wire transfer requests
These steps can help a company act quickly without assuming a familiar voice is real.
What legal exposure can a victimized business face?
Federal wire fraud charges can arise when someone uses a wire communication as part of a scheme to defraud. An AI-generated voice call used to direct a fraudulent wire transfer could be part of such a scheme. The business receiving the call, however, is not automatically liable simply because it was deceived.
A business that loses money to an impersonation scam may still face questions about how the payment was approved and whether it followed its own procedures. Prompt reporting, keeping records and explaining the company's actions can all strengthen a company's position if federal authorities investigate or review the transaction.]]>On Behalf of Becerra Law, P.A.<![CDATA[Should you worry about an intensive exam by U.S. Customs?]]>https://www.rjbecerralaw.com/?p=506012026-08-31T14:25:55Z2026-08-31T14:25:55ZWhat happens during an intensive exam?
During an intensive exam, your shipment is moved to a Centralized Examination Station (CES). Private staff at the facility unpack your merchandise so CBP officers can physically inspect it. Usually, they verify that the declared goods match the physical cargo, ensure full regulatory compliance and prevent illegal contraband from entering the country. Once officers complete the examination and everything looks fine, the staff reloads your shipment.
Why did CBP select your cargo for inspection?
As an agency within the Department of Homeland Security, CBP compares traveler, cargo contents and shipping details against government data to select cargo for examination. Sometimes, CBP randomly selects shipments to ensure broad trade compliance. In most cases, CBP lets through low-risk commodities without delay.
The hidden costs of inspections
You have to expect extra expenses, as importers bear the cost of transportation, handling and storage facility fees associated with cargo examination. Unlike non-intrusive and tailgate exams, intensive exams result in significant expenses, often exceeding $1000.
What are your next steps?
While an intensive exam can disrupt supply chains and strain budgets, it remains a standard regulatory reality. At the same time, you cannot sit idle, too. Review your shipping documents with freight forwarders and consult a customs attorney to identify any potential compliance red flags.]]>On Behalf of Becerra Law, P.A.<![CDATA[Can an importer be liable for a customs broker’s mistake?]]>https://www.rjbecerralaw.com/?p=505962026-08-13T14:03:46Z2026-08-13T14:03:46ZWhen you hire a customs broker, you expect that person to handle the technical details correctly. So finding out that an entry contains the wrong tariff classification, value or country of origin can be frustrating, especially if the mistake leads to extra duties or holds up merchandise your customers are waiting for.
The difficult part is that hiring a broker does not necessarily move all responsibility away from you. If something goes wrong, you need to understand how the error happened and what part you played in the filing process.
You still have responsibilities after hiring a broker
Federal law requires you, as the importer of record, to use reasonable care when entering merchandise into the United States. In practical terms, you cannot simply hand documents to your broker and assume the filing no longer needs your attention.U.S. Customs and Border Protection also makes clear that you remain responsible for the accuracy of entry documents, even when your customs broker prepares them.That can feel unfair when your broker made the actual mistake. Still, CBP may look at the information you supplied and whether you had reasonable procedures for checking your entries.
How the mistake happened can make a difference
Sometimes you may give your broker accurate invoices and product descriptions, only for the broker to choose the wrong classification or enter a figure incorrectly. That distinction can matter when questions arise.Your paper trail can help show what happened. Emails, invoices, product specifications and prior entries may reveal where the problem began. Those records become especially important if the error contributes to customs seizures or delays and CBP starts looking more closely at your shipment.You should also check whether the same mistake appears in earlier entries. What first looks like a one-time typo could turn out to be a recurring problem that needs attention.
Respond before the problem grows
Once you spot a questionable filing, compare the customs entry with the records you originally gave your broker. Before sending explanations or making corrections, determine whether the problem affects one shipment or several.Then look at your own process. Your customs broker can handle much of the filing work, but someone within your company should still understand what is being submitted and question anything that looks unusual.If you find a gap, addressing it now can make future shipments easier to manage. It also leaves you better prepared to explain what happened if CBP comes back with questions.]]>On Behalf of Becerra Law, P.A.<![CDATA[Can the police search your phone in Florida?]]>https://www.rjbecerralaw.com/?p=505912026-07-27T09:56:21Z2026-07-27T09:52:42ZYour phone isn’t a mere device. From private messages to sensitive financial records, it is a storehouse for the details of your life. That being the case, does the law allow police to go through your phone’s content in Florida?
What does the law say?
The U.S. courts make a distinction between searching a wallet and a phone. In 2014, the U.S. Supreme Court set a precedent inRiley v. California by ruling that police cannot search a phone seized during an arrest, as it intrudes on a person’s privacy. That is why the police cannot search your phone without a warrant signed by a judge in accordance with the Fourth Amendment.
When does the law allow the police to search your phone?
Law enforcement may not conduct arbitrary searches of your phone. However, officers may legally search it when:
You provide clear and voluntary consent
An emergency situation where police must act immediately to prevent evidence destruction
Florida courts strictly scrutinize what constitutes such an emergency to ensure officers do not overstep their authority.
Can the police force you to unlock the phone after the arrest?
With a search warrant, law enforcement may compel you to unlock your phone. This is largely true if you have biometric authentication such as fingerprint or facial recognition. However, if it is a passcode, the court may not force you to reveal the passcode as it violates the Fifth Amendment. Nevertheless, this whole legal area is considered unsettled and still evolving.
Protect your rights
Most often, U.S. courts dismiss evidence obtained through illegal searches, as such searches violate a citizen’s Fourth Amendment rights. However, law enforcement may still find ways to validate that evidence. With the help of an attorney experienced in criminal defense, you can build a strong defense and protect your constitutional rights.]]>by Becerra Law, P.A.<![CDATA[Can a customs inspection become a criminal investigation?]]>https://www.rjbecerralaw.com/?p=505882026-07-14T18:57:14Z2026-07-14T18:53:20ZWhen a customs inspection becomes a criminal investigation
Most customs inspections end without any legal action. However, at Florida ports of entry, U.S. Customs and Border Protection (CBP) may expand an inspection or refer a matter for criminal investigation when officers find evidence suggesting fraud, smuggling or other possible violations rather than an isolated administrative error.
Common warning signs include:
False or misleading import documents
Undeclared currency
Restricted or counterfeit goods
Controlled substances or other prohibited items
Suspected smuggling
Once officers suspect possible criminal activity, they may examine related documents, shipments and statements more closely. Even a single issue can expand the scope of the investigation and increase the legal risks for a business.
What happens after CBP suspects criminal activity?
If CBP suspects a crime, a routine customs inspection can quickly become a federal investigation. Officers may conduct a secondary inspection, ask more questions and review electronic devices under border search authority, record statements, detain individuals or seize goods and other property.
CBP may refer the matter to Homeland Security Investigations (HSI) for further investigation. If investigators believe the evidence supports federal charges, the matter may be referred to the appropriate U.S. Attorney's Office for possible prosecution. What investigators find early can shape what happens next.
Reducing customs compliance risks
A few compliance mistakes can lead to serious legal problems if they appear intentional. Businesses can reduce that risk by:
Maintaining complete and accurate import records
Using accurate valuations and tariff classifications
Following applicable import restrictions and reporting requirements
Reviewing the work of suppliers, brokers and other trade partners
Identifying and addressing compliance concerns promptly
Good customs compliance does more than lower legal risk. Strong compliance practices can reduce avoidable disruptions, support accurate reporting and help businesses maintain more reliable trade operations. An experienced attorney can help find legal risks early, improve compliance and guide businesses through complex customs issues with greater confidence.
Protecting your business's future
The earliest stages of a customs inquiry can shape what follows. Accurate records, consistent compliance practices and a careful response to government questions can help a business address concerns without creating additional legal complications.]]>On Behalf of Becerra Law, P.A.<![CDATA[3 common customs compliance mistakes importers make]]>https://www.rjbecerralaw.com/?p=505832026-07-03T07:47:29Z2026-07-03T07:47:29ZThe U.S. Customs and Border Protection (CBP) has an eye for detail. Whether you are importing into Florida or clearing customs at any other entry point in the U.S., they keep a sharp eye on every shipment. If they spot even one mistake in the details you have provided, it can result in costly penalties and seizure of goods. Here is what you need to know to avoid some of the common compliance mistakes that even an experienced business may make.
1. Misclassifying goods under the wrong HTS code
Every imported product must be assigned a Harmonized Tariff Schedule (HTS) code. It is a 10-digit number that classifies imported products and determines the applicable duty rate for each of them. Using an outdated HTS code or a wrong one can lead to penalties and cargo seizures. You can reduce the likelihood of making such errors by double-checking the classifications.
2. Incorrectly marking country of origin
CBP requires importers to clearly mark imported goods with their country of origin. Incorrect, missing or misleading origin markings can trigger penalties and CBP may refuse entry to the merchandise. Importers especially face this issue when they assemble goods using components from multiple countries. You can avoid penalties and costly shipping delays by consulting a licensed customs broker or trade attorney to verify the exact "substantial transformation" rules for multi-country goods.
3. Failing to maintain adequate import records
Many small and medium businesses engaged in international trade fail to maintain a proper import record. Meanwhile, the CBP requires them to retain import records that go back to at least five years. This usually lands them in trouble with CBP, leading to penalties.
The cost of getting it wrong
CBP is not the only federal agency with authority over imported goods. The FDA, USDA, EPA and others also regulate specific product categories. Failing to meet those requirements can result in import holds, detentions or refusals of entry to imported goods. With the help of a legal guide experienced in trade laws and compliances, you may be able to run a smooth business.
]]>On Behalf of Becerra Law, P.A.<![CDATA[What is white-collar crime?]]>https://www.rjbecerralaw.com/?p=505802026-07-01T08:47:15Z2026-07-01T08:47:15ZYou may have heard of white-collar crimes before; these types of crimes often make headlines because they involve large sums of money, well-known businesses or government investigations. However, unlike many other criminal offenses, white-collar crimes typically do not involve physical violence.
Even so, the consequences can be serious. A conviction may lead to significant financial penalties, damage to a person’s reputation and lengthy prison sentences depending on the circumstances.
Understanding common types of white-collar offenses
White-collar crime is a broad term used to describe financially motivated offenses that are usually committed by individuals in higher socio-economic positions through deception, abuse of trust or dishonest business practices. Many of these cases are prosecuted at the federal level because they involve interstate commerce, federal agencies or financial institutions. Federal investigators often spend months or even years gathering records, reviewing transactions and interviewing witnesses before charges are filed.Some of the most common white-collar offenses include:
Fraud
Embezzlement
Bribery
Money laundering
Fraud covers a wide range of criminal behavior and generally involves intentionally misleading another person or organization for financial gain. Embezzlement occurs when someone steals money or property that was entrusted to them, while bribery involves offering or accepting something of value to influence a decision. Finally, money laundering is the process of concealing the source of illegally obtained funds to make them appear legitimate.Federal white-collar cases can be extremely complex because they often rely on financial documents, electronic communications and extensive records rather than eyewitness testimony. Investigators may analyze bank statements, emails and various forms of digital evidence to build a case. Depending on the allegations, individuals, business owners and even entire organizations may face criminal charges. Penalties can include substantial fines, asset forfeiture and imprisonment, making it important to understand the seriousness of these allegations from the beginning.Facing a federal investigation or criminal charges can be overwhelming, but early legal guidance may make an important difference. Speaking with an experienced legal professional can help you better understand your rights, the charges involved and the options available as your case moves forward.]]>On Behalf of Becerra Law, P.A.<![CDATA[Compliance review preparation tips]]>https://www.rjbecerralaw.com/?p=505782026-06-16T13:02:10Z2026-06-16T13:02:10ZA compliance review is a way that governing entities can ensure that organizations are following the rules, policies and internal procedures that apply to the company’s operations. Being prepared for this review is critical because an accurate review depends on clear documentation and the ability to explain how decisions are made. One of the first things companies need to do is to determine what standards apply. These can vary greatly, depending on the company’s industry. These can include federal or state regulations, as well as industry requirements and licensing rules.
Organize documents for the review
Good preparation starts with getting the necessary documents organized. These include everything from copies of policies and manuals to permits and licenses. If there are prior corrective action plans in place, those plans and the measures that were taken should also be included in the documentation.
Verify that policies and practices match
Written policies don’t mean anything if they aren’t followed. Ensuring that all policies and the applicable practices match is critical all the time, but you must be able to show this during the review. Showing records regarding staff training and procedures in action is appropriate.
Check internal communications
Internal communications are another critical part of the review process. Staff members may be interviewed during the review, so it’s important that they know about the compliance standards that are being reviewed.Careful preparation can help to make the review process more organized and efficient. By gathering records, checking policy and procedure suitability, and recognizing the importance of these reviews, companies can ensure they’re going to benefit from the review as much as possible.
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