CBP Seizure - broker destroyed package illegally

[quincy]

As I said, I worked for a company that imported goods for 15 years. I worked directly with our customs brokers. Yes, there was a POA involved. However, the just like any personal POA that POA did not allow our brokers to act against our wishes. I cannot imagine any form of POA for a customs brokerage that would allow a broker to act against the wishes of the client/importer.

Your personal experience has nothing to do with this.

 

[Zigner]

As I said, I worked for a company that imported goods for 15 years. I worked directly with our customs brokers. Yes, there was a POA involved. However, the just like any personal POA that POA did not allow our brokers to act against our wishes. I cannot imagine any form of POA for a customs brokerage that would allow a broker to act against the wishes of the client/importer.

What if the broker believed they were acting within the scope of the POA and only found out about those contrary wishes AFTER the fact?

 

[quincy]

There is a lot we don't know.

Personal experiences have limited usefulness in law. Specific facts will always matter.

 

[FlyingRon]

. However, the just like any personal POA that POA did not allow our brokers to act against our wishes. I cannot imagine any form of POA for a customs brokerage that would allow a broker to act against the wishes of the client/importer.

There's no indication that the poster "expressed any such wishes" before the broker acted. He's just unhappy now with what happened after the fact. Again, we have no idea what the agreement said about non-complying shipments, etc...

The answer, is that unless there were instructions that specifically said what to do, the broker was likely perfectly legal to act on his behalf in any way not in violation with the law. Again, we have no idea what the agreement with the broker said or didn't say. There is nothing wrong with them signing on his behalf on its face.

 

[LdiJ]

There's no indication that the poster "expressed any such wishes" before the broker acted. He's just unhappy now with what happened after the fact. Again, we have no idea what the agreement said about non-complying shipments, etc...

The answer, is that unless there were instructions that specifically said what to do, the broker was likely perfectly legal to act on his behalf in any way not in violation with the law. Again, we have no idea what the agreement with the broker said or didn't say. There is nothing wrong with them signing on his behalf on its face.

I would have fired a broker for ordering a shipment destroyed, without my express approval. I did not say that it violated the law. I basically feel that it violates the broker/client relationship. Once again, I also cannot imagine a brokerage contract that would allow for a broker to order a shipment destroyed without the express approval of the client.

 

[Zigner]

I did not say that it violated the law. I basically feel that it violates the broker/client relationship.

THAT is a contractual matter and depends on specifics that you don't have.

Once again, I also cannot imagine a brokerage contract that would allow for a broker to order a shipment destroyed without the express approval of the client.

I'd bet that more contracts technically allow it than you think.

 

[LdiJ]

THAT is a contractual matter and depends on specifics that you don't have.

I'd bet that more contracts technically allow it than you think.

I guess your experience with customs and brokerage firms must be a lot greater than my 15 years worth. I bow to your vastly superior knowledge.

 

[Zigner]

I guess your experience with customs and brokerage firms must be a lot greater than my 15 years worth. I bow to your vastly superior knowledge.

I guess that's the closest we're going to get with you, huh?

 

[quincy]

I guess your experience with customs and brokerage firms must be a lot greater than my 15 years worth. I bow to your vastly superior knowledge.

Again, personal experiences mean little in law, LdiJ. Everyone's personal experiences will differ, sometimes in minor ways and sometimes in major ways.

What matters in law are the specific facts that are presented in each individual case.