Has anyone ever been arrested for CC's?

[Drez]

Originally Posted by Bad Finger

Gotta keep an eye out for those Maybachs. I hear they have built in humis.

Is that so......

[Old Sailor]

I refuse to answer.....brings back a bad memory with customs!

[sheeper]

actually there are "legal" cubans. A cuban living in the US who goes to cuba to visit family (and yes....they can and do)....can actually bring back a number of cubans for their own consumption. that's why i have cuban friends.

Originally Posted by Dunkel

Yeah right Frank. You'd confiscate them and "let him off with a warning". LOL

Great minds, huh Zuece? LOL

THIS lol

Originally Posted by sheeper

actually there are "legal" cubans. A cuban living in the US who goes to cuba to visit family (and yes....they can and do)....can actually bring back a number of cubans for their own consumption. that's why i have cuban friends.

If you read the link I posted from the Department of Homeland Security, any US citizen cleared to visit Cuba is allowed to bring back $100 worth of cigars. This is not alot though and I don't know if they go by buying price or MSRP.

[icehog3]

Originally Posted by sheeper

actually there are "legal" cubans. A cuban living in the US who goes to cuba to visit family (and yes....they can and do)....can actually bring back a number of cubans for their own consumption. that's why i have cuban friends.

If they give them to you, that's not "their own consumption".

[bobarian]

Its amazing how much speculation us being provided here by those who have dont have a clue.

The only federal agency who has any enforcement powers in regards to the Trading with Enemies Act is The office of Customs and Border Protection. CBP has no power to levy fines on contraband. All fines are issued by the OFAC which is part of an entitrly different agency. Local law enforcement agencies usually do not enforce federal laws unless as part of a intergovernmental task force.

The single case cited by Kelly is the only known instance of an actual arrest and conviction. There are also instances of fines being issued by OFAC several years ago based upon financial records acquired as the result of a bankruptcy case overseas.
Posted via Mobile Device

[Silound]

Originally Posted by bobarian

Its amazing how much speculation us being provided here by those who have dont have a clue.

The only federal agency who has any enforcement powers in regards to the Trading with Enemies Act is The office of Customs and Border Protection. CBP has no power to levy fines on contraband. All fines are issued by the OFAC which is part of an entitrly different agency. Local law enforcement agencies usually do not enforce federal laws unless as part of a intergovernmental task force.

The single case cited by Kelly is the only known instance of an actual arrest and conviction. There are also instances of fines being issued by OFAC several years ago based upon financial records acquired as the result of a bankruptcy case overseas.
Posted via Mobile Device

Today, ICE has complete authority over any cases involving contraband cigars. That being said, this is the federal government we're talking about here. If there isn't at least 50 years of bureaucratic crap obfuscating everything, it's not worth enforcing

[sheeper]

the US Postal Service has jurisdiction if sending/receiving CC via US mail. Typically they will confiscate though I am not aware of any recent prosecutions.

And re my earlier post, those people cleared to visit cuba bring back cigars for their own consumption. That essentially means they cannot "sell" them. They can share them with friends and family. Hence i have adopted several cubans.

[kydsid]

Originally Posted by Wallbright

If you read the link I posted from the Department of Homeland Security, any US citizen cleared to visit Cuba is allowed to bring back $100 worth of cigars. This is not alot though and I don't know if they go by buying price or MSRP.

Incorrect. That allowance was removed in 2004. Even your link states there is a total prohibition.

Originally Posted by bobarian

Its amazing how much speculation us being provided here by those who have dont have a clue.

The only federal agency who has any enforcement powers in regards to the Trading with Enemies Act is The office of Customs and Border Protection. CBP has no power to levy fines on contraband. All fines are issued by the OFAC which is part of an entitrly different agency. Local law enforcement agencies usually do not enforce federal laws unless as part of a intergovernmental task force.

The single case cited by Kelly is the only known instance of an actual arrest and conviction. There are also instances of fines being issued by OFAC several years ago based upon financial records acquired as the result of a bankruptcy case overseas.
Posted via Mobile Device

Bob, not trying to jump on your back but when you post about how there is so much incorrect information in this thread an then you post incorrect information it doesn't do any good.

OFAC, an agency of the US Treasury is charged with the authority to regulate TwEA. ICE is the only agency with direct enforcement authority within the US over TwEA items. CBP enforces customs regulations that include through seperate authority the ability to seize contraband. They can issue fines and penalties for contraband. They cannot however issue a penalty for a violation of TwEA because that is OFACs primary purpose. However you can face OFAC violations and violations under Customs law for importation of items in violation of TwEA.

There have been many more arrests and convictions for violations of TwEA. Just to point it out but Kelly's links show two alone, not one. And you almost are implying that the only OFAC fines that have gone out are those which resulted from information in a case years ago.

Originally Posted by Silound

Today, ICE has complete authority over any cases involving contraband cigars. That being said, this is the federal government we're talking about here. If there isn't at least 50 years of bureaucratic crap obfuscating everything, it's not worth enforcing

Incorrect as far as the totallity of the statement. ICE has authority over contaband cigars imported into the US. They would not have primary authority over fake cigars made in the US, ie still contraband for other reasons. Also they do not have complete authority of cigars that might violate the TwEA, again falling to OFAC. Then to add to that should either submit a case to the US Attorney's office the AUSA can add charges under any law. Of course this gets even more confused by the fact that ICE is one of the unilateral Federal law enforcement agencies, ie those agencies that can enforce all Federal Law (FBI, ICE, DEA, USMS, USS).

[kydsid]

Originally Posted by sheeper

the US Postal Service has jurisdiction if sending/receiving CC via US mail. Typically they will confiscate though I am not aware of any recent prosecutions.

And re my earlier post, those people cleared to visit cuba bring back cigars for their own consumption. That essentially means they cannot "sell" them. They can share them with friends and family. Hence i have adopted several cubans.

Sending cigars in the US mail is not a violation of Postal regulations. Without a search warrant the package cannot be searched, even if damaged. Under the correct situation however when discovered they could detain and turn over products that may be in violation of other Federal Law to the appropriate agency, in this case ICE.

Read my earlier post. They can be cleared to visit Cuba. But what they are doing is in violation of the law. Even when the exemption existed for them to share with you would have been a violation, albeit a violation no one would pursue.

[sheeper]

the US Postal Service has indeed confiscated packages of cuban cigars from a couple of my friends. Instead of a box of cigars they get a postcard stating that their package was confiscated and gives a process where they can file a claim. Of course the claim would be an admission of a crime so noone i know has tried. To be fair, of the hundreds of cigars these guys have ordered over the years, this has only happened a couple of times.

[LasciviousXXX]

Paul, I think what he is saying is that the USPS is not the agency that is confiscating packages and sending letters

[icehog3]

Lots of poor information in this thread, mixed in with the factual.

[357]

The most unbelieveable part of the current policy...

http://www.treasury.gov/resource-cen...ts/ccigar2.pdf

The question is often asked whether United States citizens
or permanent resident aliens of the United States may
legally purchase Cuban origin goods, including tobacco and
alcohol products, in a third country for personal use
outside the United States. The answer is no. The
Regulations prohibit persons subject to the jurisdiction of
the United States from purchasing, transporting, importing,
or otherwise dealing in or engaging in any transactions
with respect to any merchandise outside the United States
if such merchandise (1) is of Cuban origin; or (2) is or
2
has been located in or transported from or through Cuba; or
(3) is made or derived in whole or in part of any article
which is the growth, produce or manufacture of Cuba. Thus,
in the case of cigars, the prohibition extends to cigars
manufactured in Cuba and sold in a third country and to
cigars manufactured in a third country from tobacco grown
in Cuba.

This means, in theory, that the U.S. government could potentially charge a U.S. citizen with a crime for smoking a Cuban cigar in Canada; where they have no legal jurisdiction. Unreal.

[poker]

So, to sum up the answers and responses for the OP, I would venture to say yes someone has been arrested before for CC's.

[cmitch]

A friend of mine ignored 2 letters from 2 seized packages and was fined on the 3rd offense. Needless to say, he no longer orders them.

[Beagleone]

Originally Posted by Bad Finger

So has anyone ever been fined?

A person I know locally, who is a high end collector and lives in area, was fined $18,000 for a rather large order he placed a couple of years ago. The CC were seized in LA, and ICE began the investigation. His fine would have been less, but since he was already caught once before, they imposed a much stiffer penalty.

[jesseboston81]

Originally Posted by icehog3

Lots of poor information in this thread, mixed in with the factual.

One thing I can clear up:

Originally Posted by kydsid

Sending cigars in the US mail is not a violation of Postal regulations. Without a search warrant the package cannot be searched, even if damaged.

This applies to domestic mail only. International mail is subject to CBP's authority to engage in warrantless searches of nearly all international mail being sent to a US address, see 19 C.F.R. 145.2.

[Noodles]

Originally Posted by sheeper

actually there are "legal" cubans. A cuban living in the US who goes to cuba to visit family (and yes....they can and do)....can actually bring back a number of cubans for their own consumption. that's why i have cuban friends.

A Cuban living in the US is the only "legal" Cuban there is ... and preembargoes.

US Citizens and Permanent Residents cannot own or smoke a post Embargo cuban cigar legally, anywhere.