By: Danielle Hatch
Eric Baird, former owner and CEO of Access USA Shipping, LLC d/b/a MyUS.com (Access USA), had his criminal plea accepted by the Bureau of Industry and Security (BIS) on December 12, 2018. BIS imposed a civil penalty of $17 million, with $7 million suspended, along with a 5-year denial of export privileges with one year being suspended. This is historically the largest penalty to be paid to BIS by an individual.
Are you wondering what this guy must have done to get the largest personal penalty? He went out of his way to hide illegal exports from the government…something they really frown upon. Baird founded Access USA and developed the business model of providing foreign customers with a US address so that they could acquire US origin items for export without alerting US merchants of the item’s ultimate destinations. Baird created policies and practices where it was normal for the values and descriptions of items on export documentation to be falsely identified. At one point, laser sights for firearms were described as “tools and hardware,” and rifle scopes were described as “sporting goods” or “tools, hand tools.” Baird even created a personal shopper program where Access USA employees purchased items for foreign customers from a shopping list and presented themselves as the domestic end users. At one point, Baird and Access USA employees were personally paying for the items and being reimbursed later by their foreign customers.
Access USA’s Chief Technology Officer emailed Baird in 2011 saying, “I know we are WILLINGLY AND INTENTIONALLY breaking the law.” In the same email thread Baird said, “if warned by the government,” then the company “can stop ASAP.”
Access USA settled with BIS in 2017 and agreed to a penalty of $27 million with $17 million suspended. You can read an article outlining the charges at: https://www.learnexportcompliance.com/blog/2017/03/30/florida-company-fined-27-million-for-150-intentional-ear-violations/