Federal Smuggling & Customs Crimes (18 U.S.C. § 545)

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. Our office answers 24 hours a day.

What Section 545 Covers

The statute has two main parts:

• Smuggling (first paragraph): knowingly and willfully, with intent to defraud the United States, smuggling or secretly bringing in merchandise that should have been invoiced, or passing a false, forged, or fraudulent invoice or other document through customs.
• Illegal importation (second paragraph): fraudulently or knowingly importing merchandise contrary to law, or receiving, concealing, buying, selling, or helping transport or sell it afterward, knowing it came in illegally.

Penalty: a fine, up to 20 years in prison, or both. Smuggled merchandise, or its value, is forfeited to the United States.

Possession inference. The statute says that proof a defendant possessed the goods, unless explained to the jury's satisfaction, is enough evidence to authorize a conviction. That makes an innocent explanation for how you got the goods important.

What the Government Must Prove

Smuggling (11th Cir. Pattern Instr. O20; see our Elements page):

1. you smuggled merchandise into the United States without declaring it for invoicing as customs laws and regulations require;
2. you knew the merchandise should have been invoiced; and
3. you acted willfully with intent to defraud the United States.

Untaxed Liquor (26 U.S.C. § 5604(a)(1))

Federal law requires the container of distilled spirits released from bond or customs custody (other than bulk containers) to carry a closure that must be broken to open it. It is a crime to transport, possess, buy, sell, or transfer distilled spirits without that closure. Each offense carries a fine up to $10,000, up to 5 years, or both.

Elements (O105; Elements page): you knowingly transported, possessed, bought, sold, or transferred distilled spirits; and the immediate containers did not bear a closure or other device required by law.

Common Situations

• Undeclared goods in luggage or cargo at Miami International Airport or PortMiami.
• Invoices that undervalue or misdescribe a shipment.
• Buying or reselling goods later said to have been brought in illegally.
• Liquor sold without the required closures.

Defense Themes

• Intent to defraud and willfulness. Smuggling under the first paragraph requires both. A paperwork mistake or a misunderstanding of customs rules is not the same thing.
• Knowledge of the invoicing requirement. The government must prove you knew the goods should have been invoiced.
• An explanation for possession. The statutory inference applies only when possession is not explained.
• Time limits. Most federal crimes must be charged within 5 years unless a law provides otherwise.

What to Do First

1. Do not give a statement to customs officers or agents after a seizure without a lawyer.
2. Keep every document: invoices, shipping records, emails with suppliers, and declarations.
3. Call us. See Federal Crimes and Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I forgot to declare something at the airport. Is that smuggling?

Smuggling under the first paragraph of § 545 requires a willful act with intent to defraud the United States. Whether that can be proved depends on the facts.

Can I be charged if I only bought the goods after they came in?

Yes, if you received, bought, sold, or helped move them knowing they were imported contrary to law.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.