Page:United States Statutes at Large Volume 46 Part 1.djvu/794

 SEVENTY-FIRST CONGRESS. SESS. II. Cia. 497. 1930 . 751 introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, declara- tion, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever, or makes any false statement in any decla- ration under the provisions of section 485 of this Act (relating to declaration on entry) without reasonable cause to believe the truth of such statement, or aids or procures the making of any such false statemen t as to any matt er mater ial ther eto witho ut reaso nable ca use to believe the truth of such statement, or is guilty of any willful act or omission by means whereof the United States is or may be deprived of the lawful duties or any portion thereof accruing upon the merchandise or any portion thereof, embraced or referred to in such invoice, declaration, af fidavit, letter, paper, or statem ent, or affect ed by such act o r omi ssion, such merc handi se, or the value thereof, to be recovered from such person or persons, shall be sub- ject to forfeiture, which forfeiture shall only apply to the whole of the merchandise or the value thereof in the case or package con- taining the particular article or articles of merchandise to which such fraud or false paper or statement relates. The ar riv al within the territorial limits of the United States of any merchandise con- signed for sale and remaining the property of the shipper or con- signor, and the acceptance of a false or fraudulent invoice thereof by the consignee or the agent of the consignor, or the existence of any other facts constituting an attempted fraud, shall be deemed, for the purposes of this section, to be an attempt to enter such merchan- dise notwithstanding no actual entry has been made or offered. SEC. 593. SMUGGLING AND CLANDESTINE IMPORTATIONS. (a) FRAUD ON REviNUE .-If any person knowingly and willfully, with intent to defraud the revenue of the United States, smuggles, or clandestinely introduces into the United States any merchandise which sh ould hav e been i nvoiced, or make s out or passes, or attem pts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper, every such person, his, her, or their aiders and abettors, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding $5,000, or imprisoned for any term of time not exc eedin g two y ears, or both, at the discretion of the court. (b) IMPORTATION CONTRARY TO LAW.-If any p erson fraud ulent ly or knowingly imports or brings into the United States, or assists in so doing, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, conceal- ment, or sale of such merch andise afte r imp ortat ion, k nowin g the same to have been imported or brought into the United States con- trary to law, such merchandise shall be forfeited and the offender shall be fined i n any su m not ex ceeding $5,000 no r less t han $50, or be imprisoned for any time not exceeding two years, or both. (c) PREsuMPTioNs .-Whenever, on trial for a violation of thi s section, the defendant is shown to have or to have had possession of such goods, such possession shall be deemed evidence sufficient to authorize conviction, unless the defendant shall explain the posses- sion to the satisfaction of the jury. SEC. 594. LIBEL OF VESSELS AND VEHICLES. Whenever a vessel or vehicle, or the owner or master, conductor, driver, or other person in charge thereof, has become subject to a penalty for violation of the customs-revenue laws of the United States, such vessel or vehicle shall be held for the payment of such ADMINISTRATIVE PR O- VISIONS. Illegal acts specified. Ant e, p. 724. Applicable only to goo ds affected . Co nsignments with false invoice, not actu- ally entered, liable. S muggl ing . Punishment for smuggling in, etc ., duti- able goods. Importations con - trary to law. P unish ment for re- ceiving, etc ., illegal imports. Possession prima facie evidence of viola- tions. Vessels and vehicles. Seizure, and libel of, for violating customs laws.

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