Underground Economies and Illegal Imports: Legal and Business Strategies to Address Illegitimate…

Paperback | April 14, 2010

byDonald Dekieffer

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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 helpfulsource 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 oftenlinked with transnational criminal elements and even terrorists. This book assists international traders in avoiding these problems, or ameliorating any effects.

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From the Publisher

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 re...

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 F...

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Format:PaperbackDimensions:320 pages, 5.98 × 9.21 × 0.91 inPublished:April 14, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195394887

ISBN - 13:9780195394887

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Table of Contents

AcknowledgmentsForewordIntroduction1. The Twilight between Gray and Black2. What's Gray?Government RegulationPrivate RegulationTrademarksPatentsCopyrightsTrade SecretsRestrictive distribution and manufacturing agreements3. Government Trade ControlsTaxesTariffsTrade PreferencesQuotasHealthe and SafetyPublic Policy ControlsForeign Policy and national SecurityAntidumping and Countervailing DutiesSafeguardsLabelingLicensing and Agencies4. Incentives for the Gray MarketPublic attitudes toward the gray marketYou market, we sellBetter than cashHedging and Currency SpeculationPhilanthropistsPatriots and TerroristsSee no evilConglomerates5. Acquiring the merchandiseOpen tradingClassic GrayContract manufacturingMidnight runsDiversionFaithless distributorsOrganized retail theftCargo theftSampling scamsHome-madeReverse distributorsBust-outsRecycling6. The Gray market BazaarThe InternetFlea marketsStreet slaesLiquidation and surplusDollar storesMom and PopBox storesYour neighborhood supermarketDiversion buyersRepackersInventory adjustments7. The invisible soukA problem with numbersAvoidance v. evasionWillful blindnessPrioritiesCompany softies8. StrategyBasic SkillsStrategy9. TacticsFalsification of DocumentsEstablishing credible deniabilityAcquiring a legitimate personaThe setup; the LegendPapering filesCominglingDisguising consignees and consignorsDisguising provenanceAvoiding speed trapsPrevarication without blushingOver and under-invoicingMultiple Invoicing of Goods and ServicesOver and Under-Shipment of Goods and ServicesHiding and moving inventoryMoving moneyHiring protectionHiring sacrificial goatsEnforcing conduct of collaboratorsAvoiding interception of communications10. The special case of pharmaceuticalsTrojan DrugsDiversion of charitable contributionsInternet salesThe Canadian connection11. Where Is the Gray Market?International Diversion marketsInternational Counterfeit Markets12. Investigating the Gray MarketMonitoringReturnsLive Cases13. Practical Responses to the Gray MarketMarkingPricingCustomersCultureCo-Option14. Legal Responses to gray marketingPreparing the legal ground15. Civil Actions against counterfeitersInterrelationships between civil and criminal proceedingsThe Fifth Amendment privilegeStay of proceedingsEx parte seizuresDamages against counterfeitersSeller's liability when counterfeiting is disclosed to the buyerSection 33716. Civil actions against divertersSection 337FraudTortious Interference with contractKnowledge of the ContractInducement17. EnforcementBorder EnforcementEnforcing Court OrdersSelf-help in enforcement of court ordersSection 337 Enforcement