Synopses & Reviews
Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a unique resource for lawyers and their clients facing the chaotic landscape of illegal trade in the black and gray markets, where legal remedies are often unobtainable or impracticable. Donald E. deKieffer-a practitioner who has represented more than 60 Fortune 500 companies both in the US and abroad-provides clear descriptions of how international supply and distribution chains are attacked by clever and not-so-subtle thieves around the world. This book is also a helpful source of examples and instructions on how to prepare for these attacks, and the best remedies when they do occur.
Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a one-of-a-kind guide to the underside of international trade for businesses, law enforcement and policy-makers. The illicit dealers in legitimate (or not-so-legitimate) merchandise are often linked with transnational criminal elements and even terrorists. This book assists international traders in avoiding these problems, or ameliorating any effects.
Review
"The author's style is easy to read and entertaining, so that the book successfully meets its aim of providing guidance to both lawyers and brand owners and manufacturers."
-- Authentication News
Synopsis
Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a unique resource for lawyers and their clients facing the chaotic landscape of illegal trade in the black and gray markets, where legal remedies are often unavailable or impracticable. Donald E. deKieffer - who has represented more than 60 Fortune 500 companies both in the US and abroad - provides easy-to-understand descriptions of how international supply and distribution chains are attacked by clever and not-so-subtle thieves around the world, provides examples and instructions on how to prepare for these attacks, and the best means of recourse when they do occur.
About the Author
The Late Donald E. deKieffer is a graduate of the University of Colorado (BA, 1968) and Georgetown University Law School (JD, 1971). He has served on the staff of the U.S. Senate, and as General Counsel to the United States Trade Representative, Executive Office of the President. In private practice, Mr. deKieffer has represented more than 60 Fortune 500 companies on international trade policy, with an emphasis on compliance with regulatory schemes, both in the U.S. and abroad. A major part of Mr. deKieffer's practice involves counseling clients on methods for addressing external threats to international supply chains. He travels and lectures at venues around the world and serves as adjunct professor at several universities. Mr. deKieffer resides in McLean, VA.
Table of Contents
Acknowledgments
Forward
Introduction
Chapter 1: The Twilight between Gray and Black
Chapter 2: What's Gray?
Government Regulation
Private Regulation
Trademarks
Patents
Copyrights
Trade Secrets
Restrictive distribution and manufacturing agreements
Chapter 3: Government Trade Controls
Taxes
Tariffs
Trade Preferences
Quotas
Health and Safety
Public Policy Controls
Foreign Policy and national Security
Antidumping and Countervailing Duties
Safeguards
Labeling
Licensing and Agencies
Chapter 4: Incentives for the Gray Market
Public attitudes toward the gray market
You market, we sell
Better than cash
Hedging and Currency Speculation
Philanthropists
Patriots and Terrorists
See no evil
Conglomerates
Chapter 5: Acquiring the merchandise
Open trading
Classic Gray
Contract manufacturing
Midnight runs
Diversion
Faithless distributors
Organized retail theft
Cargo theft
Sampling scams
Home-made
Reverse distributors
Bust-outs
Recycling
Chapter 6: The Gray market Bazaar
The Internet
Flea markets
Street sales
Liquidation and surplus
Dollar stores
Mom and Pop
Box stores
Your neighborhood supermarket
Diversion buyers
Repackers
Inventory adjustments
Chapter 7: The invisible souk
A problem with numbers
Avoidance v. evasion
Willful blindness
Priorities
Company softies
Chapter 8: Strategy
Basic Skills
Strategy
Chapter 9: Tactics
Falsification of Documents
Establishing credible deniability
Acquiring a legitimate persona
The setup; the Legend
Papering files
Comingling
Disguising consignees and consignors
Disguising provenance
Avoiding speed traps
Prevarication without blushing
Over and under-invoicing
Multiple Invoicing of Goods and Services
Over and Under-Shipment of Goods and Services
Hiding and moving inventory
Moving money
Hiring protection
Hiring sacrificial goats
Enforcing conduct of collaborators
Avoiding interception of communications
Chapter 10: The special case of pharmaceuticals
Trojan Drugs
Diversion of charitable contributions
Internet sales
The Canadian connection
Chapter 11: Where Is the Gray Market?
International Diversion markets
International Counterfeit Markets
Chapter 12: Investigating the Gray Market
Monitoring
Returns
Live Cases
Chapter 13: Practical Responses to the Gray Market
Marking
Pricing
Customers
Culture
Co-Option
Chapter 14: Legal Responses to gray marketing
Preparing the legal ground
Chapter 15: Civil Actions against counterfeiters
Interrelationships between civil and criminal proceedings
The Fifth Amendment privilege
Stay of proceedings
Ex parte seizures
Damages against counterfeiters
Seller's liability when counterfeiting is disclosed to the buyer
Section 337
Chapter 16: Civil actions against diverters
Section 337
Fraud
Tortious Interference with contract
Knowledge of the Contract
Inducement
Chapter 17: Enforcement
Border Enforcement
Enforcing Court Orders
Self-help in enforcement of court orders
Section 337 Enforcement