United States v. Tri-State Hospital Supply Corp.

OPINION

WALLACH, Judge.

I

INTRODUCTION

This case comes before the Court on Plaintiffs Motion In Limine, which requests a pre-trial ruling that allegedly false statements made by Defendant to the United States Customs Service (“Customs”) are “material” pursuant to 19 U.S.C. § 1592(a) as a matter of law. For the reasons stated below, the Court finds that the materiality of Defendant’s allegedly false statements is a mixed question of law and fact which should be placed before a civil jury. Accordingly, the Court denies Plaintiffs Motion In Limine.

II

BACKGROUND

According to Plaintiff, from April 1990…