Due to agreements with the patent holder, Cephalon, that were made in 2005-2006 several generics manufacturers are now allowed to sell generic Modafinil. I have found confirmation that the manufacturer Teva has begun selling generic Modafinil, though I haven't seen news about other manufacturers. However, the article also, says that Cephalon is a subsidiary of Teva, so perhaps this won't have an effect? The Modafinil patent is set to expire in April 2015.
You mean something like this? That's not really as meaningful as it seems. There is always some legal risk associated with doing anything since there are so many US laws that no one has even managed to count them, but a pretty serious search through legal database turns up no records of people being prosecuted for modafinil importation, ever. So that letter is 100% posturing by US Customs.
You should probably conclude from this that you're more likely to be prosecuted for illegally downloading music or jay walking.
And it's obviously everyones' personal choice to decide what level of legal risk they are comfortable with. But a rational person who wanted modafinil should be willing to order it from an online pharmacy at least as often as they're willing to pirate music or jaywalk without fear of prosecution. Otherwise their preferences for assuming legal risk are inconsistent.