Importer Sentenced for Smuggling Counterfeit, Dangerous Disney, Marvel Toys

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The United States Attorney's Office for the Southern District of Florida Jun 04, 2013

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations (ICE-HSI), Miami Field Office, U.S. Consumer Product Safety Commission (CPSC), and Vernon Foret, Director Field Operations, U.S. Customs and Border Protection (CBP), Miami Field Office, announced today that defendants Hung Lam, 55, and Isabella Kit Yeung, 37, both of Miami-Dade County, and Florida corporations LM Import-Export, Inc. (LM), Lam’s Investment Corp. (LIC), and LK Toys Corporation, (LK) were sentenced for violations regarding the smuggling of hazardous children’s products from China.

Lam was sentenced by U.S. District Court Judge Kathleen M. Williams to 22 months incarceration, a $10,000.00 fine, three years of supervised release and a $200 special assessment. LM, LIC, and LK were sentenced to five years’ probation and an $800 special assessment. Yeung was sentenced to one year of probation, a $1,000 fine and $25 special assessment. In addition, a forfeiture judgment and order in the amount of $862,500 was imposed against the defendants. The judgment also ordered the forfeiture of property imported by defendants and seized by the United States.

The sentencing was based on defendant Hung Lam’s earlier guilty plea to one count of conspiracy to traffic and smuggle children’s products, including toys, containing banned hazardous substances, such as lead and small parts, in violation of 18 U.S.C. § 371, and one count of trafficking in counterfeit goods, in violation of 18 U.S.C. § 2320. Co-defendant Isabella Kit Yeung pled guilty to one misdemeanor count of submitting a false label country of origin, in violation of 19 U.S.C. §1304(a).

According to the documents filed with and statements made in court, from approximately April 2000 through May 2011, defendants Lam, LM, LIC, and LK conspired to sell and distribute in commerce children’s products imported from China in violation of the Consumer Product Safety Act and the Federal Hazardous Substances Act. These products allegedly presented the risk of choking, aspiration, and ingestion, and some contained lead above the allowed statutory limits. The defendants imported these products by means of false statements on custom declaration forms. Yeung was charged with the misdemeanor count of importing goods without the required country of origin labeling.

Mr. Ferrer commended the investigative efforts of ICE-HSI, CPSC, and CBP. This case is being prosecuted by Assistant U.S. Attorneys Norman O. Hemming, III and Daren Grove.