26 U.S.C. § 5608 — Penalty and forfeiture for fraudulent claims for export drawback or unlawful relanding
submitted 68 years ago by Pub. L. 85-859 to r/title-26-INTERNAL-REVENUE-CODE · 293 words · no verdicts yet
A person who fraudulently claims an export drawback must pay three times the amount wrongly sought and may be imprisoned. People who knowingly help the fraud, and spirits or vessels involved in unlawful relanding, face fines, imprisonment, and forfeiture.
(a) Fraudulent claim for drawback. Anyone who fraudulently claims, seeks, or obtains a drawback allowance on distilled spirits*, or fraudulently claims more than the tax actually paid or determined, must forfeit and pay the United States three times the amount wrongly sought and may be imprisoned for up to five years. An owner, agent, master of a vessel, or other person who knowingly helps collect or try to collect a fraudulent drawback, or knowingly helps or permits a fraudulent change in shipped spirits*, may be fined up to $5,000, imprisoned up to three years, or both. The vessel used for the shipment is forfeited to the United States whether or not the master or owner is convicted, and an admiralty forfeiture case may be brought by libel.
(b) Unlawful relanding. Anyone who intends to defraud the United States by bringing back into United States jurisdiction distilled spirits shipped for export*, or who receives those spirits, or helps bring them back or receive them, may be fined up to $5,000, imprisoned up to three years, or both. The relanded spirits, the vessel they came from, and every vessel, vehicle, or aircraft used to bring them back or remove them are forfeited to the United States.
Every person who fraudulently claims, or seeks, or obtains an allowance of drawback on any distilled spirits*, or fraudulently claims any greater allowance or drawback than the tax actually paid or determined thereon, shall forfeit and pay to the Government of the United States triple the amount wrongfully and fraudulently sought to be obtained, and shall be imprisoned not more than 5 years; and every owner, agent, or master of any vessel or other person who knowingly aids or abets in the fraudulent collection or fraudulent attempts to collect any drawback upon, or knowingly aids or permits any fraudulent change in the spirits* so shipped, shall be fined not more than $5,000, or imprisoned not more than 3 years, or both, and the ship or vessel on board of which such shipment was made or pretended to be made shall be forfeited to the United States, whether a conviction of the master or owner be had or otherwise, and proceedings may be had in admiralty by libel for such forfeiture.
Every person who, with intent to defraud the United States, relands within the jurisdiction of the United States any distilled spirits which have been shipped for exportation* under the provisions of this chapter, or who receives such relanded distilled spirits, and every person who aids or abets in such relanding or receiving of such spirits, shall be fined not more than $5,000, or imprisoned not more than 3 years, or both; and all distilled spirits so relanded, together with the vessel from which the same were relanded within the jurisdiction of the United States, and all vessels, vehicles, or aircraft used in relanding and removing such distilled spirits, shall be forfeited to the United States.
Source credit: (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1403; amended Pub. L. 89–44, title VIII, § 805(e), June 21, 1965, 79 Stat. 161.)
- 1958Enacted · Pub. L. 85-859 · 72 Stat. 1403
- 1965Amended · Pub. L. 89-44 · 79 Stat. 161
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-859 on 1958-09-02.
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