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by addicted
on Fri Dec 17, 2004 12:08 pm |
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I have received a letter from Dept. of the Treasury, US Customs Service,Air Mail Facility,JFK Airport.
To make a long story,short, my cigarettes were seized(one envelope only) and were said to be forfeited.I have no alternative but to pursue legally to get my smokes,hardly worth a $600.00 trip to NY to get screwed by authorities who have no idea what is really going on.The letter contained no date,no phone contact,no date of order,only a name of Vincent Hauck at an address in Jamaica,NY. The letter gave me two choices (1) I agree to voluntarily abandon the imported cigarettes, and (2)I request that the CBP(Customs and Border Protection) commence seizure proceedings,and that I must provide evidence that the cigarettes were not imported contrary to law to obtain relief from seizure.They Quote the Cigarette Compliance Act of 2000 and all other applicable laws(whatever that's supposed to mean).They also state that any future attempts to import cigarettes in violation of these laws may result in personal penalties or criminal prosecution. If I elect to do nothing,the cigarettes will be destroyed in 30 days.
This is a catch 22 situation. I feel like this is Nazi Germany.
Did anyone else receive this letter and is anyone trying to fight back? |
Last edited by addicted on Sun Dec 19, 2004 1:57 am; edited 1 time in total |
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addicted
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by totallydonebeingcool
on Fri Dec 17, 2004 12:50 pm |
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I did post a message under the long yesmoke thread to see if anyone has received a notice yet. Did the letter say anything about penalties for this order if you don't do anything? Does it say anything about past orders or reporting the case to the State Tax Department?  |
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totallydonebeingcool
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by Guest
on Fri Dec 17, 2004 4:22 pm |
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We need a volunteer lawyer. This looks perfect for a class action
lawsuit. It would seem most cost effective to the judicial system
for a judge to require Customs to produce the list of names and
addresses so that we can all be represented as a class.
I really thought that when they cracked down on internet sales, they
would attempt to collect the duty through the US Postal Service. I
thought that was the international agreement, provided the proper
duty declaration stickers were affixed to the packages. |
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by Guest
on Fri Dec 17, 2004 5:43 pm |
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I checked United States Code 1555(b)(G) referenced in H.R.4598
(the Cigarette Act of 2000) and it is apparent that the exemption for
importation of cigarettes for personal use is still valid. Except that
the cigarettes are seized, they have them, and you will have to hire
a lawyer to get them. The burden of proof is on the defendant in
the seizure. |
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by addicted
on Fri Dec 17, 2004 7:39 pm |
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[quote="totallydonebeingcool"]I did post a message under the long yesmoke thread to see if anyone has received a notice yet. Did the letter say anything about penalties for this order if you don't do anything? Does it say anything about past orders or reporting the case to the State Tax Department? :?[/quote]
No,there was no mention of penalties or reporting to State Tax officials or about past orders,but that doesn't indicate that these Yo Yo's won't do exactly that. Until this entire scenario is worked out,and it may take forever, I will never order from an International Seller. |
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addicted
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by addicted
on Fri Dec 17, 2004 7:51 pm |
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[quote="Anonymous"]I checked United States Code 1555(b)(G) referenced in H.R.4598
(the Cigarette Act of 2000) and it is apparent that the exemption for
importation of cigarettes for personal use is still valid. Except that
the cigarettes are seized, they have them, and you will have to hire
a lawyer to get them. The burden of proof is on the defendant in
the seizure.[/quote]
Basically, what you are saying is that there was an illegal seizure, and we have no hope unless we hire an attorney to interpret all this gobbledegook! |
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addicted
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by addicted
on Fri Dec 17, 2004 7:54 pm |
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[quote="Anonymous"]We need a volunteer lawyer. This looks perfect for a class action
lawsuit. It would seem most cost effective to the judicial system
for a judge to require Customs to produce the list of names and
addresses so that we can all be represented as a class.
I really thought that when they cracked down on internet sales, they
would attempt to collect the duty through the US Postal Service. I
thought that was the international agreement, provided the proper
duty declaration stickers were affixed to the packages.[/quote]
That's what I thought also.US Customs is in violation of international law,but what can I do alone,nothing! |
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addicted
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by jackz7
on Sat Dec 18, 2004 12:15 am |
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It's a game of hardball. The pols want that dough and their goons do the work. atf, customs, etc---they are all the goons for the pols. They set the agenda and the direction. Goons with attitude. Intimidation. Unless someone sorts out the prevailing legal statues and goes to court...the pols and their goons win this game. Of course they know this quite well. You will fight the bureaucracy you every tax dollar empowers. And this court could be very pricey, just to make a motion. And they know this. The cute thing is you all pay "them" with your tax dollars to screw you. Butt tax is a cash-cow and it is a sacred-cash-cow to the pols, who are more corrupt than a streetwalkers 5 day underwear.
You can also throw in PM, who is encouraging these actions and all they are doing is alienating people who were once loyal to their brand. I bought my last carton of corporate butts 4 days ago. I will never buy a PM butt again...or any corporate butt. No reason to support them or NYC pols or the goons or the boobs who implement these silly seizures. Myself, I only bought 8 cartons, one at a time, online and they want you to feel like a perp, a criminal, a terrorist or a child molester.
You can vote with your buck. Vote no for the corporate butts. Vote no for the pols. Unfortunately, then they will then have to tax your gas, your income and the very air you breathe. |
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jackz7
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by jackz7
on Sat Dec 18, 2004 1:07 am |
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Did you notice how fast YS has tried to adjust to the JFK thing??? The Messina brothers have netted many millons with YS and yet....they don't have lawyers filing restraining orders in court or anything. Zero media or public relations. They are trying to adjust to a new biz model on their little website only. They have more than enough money to have lawyers filing motions up the yin-yang, and yet....nothing. No nothing. So, something is smelly here. Certainly, they got some good legal advice which told them NOT to file anything. Otherwise, slick lawyers would be filing both NY State motions and others would be happily filing away at Federal Court...and happily billing away. Whistling. Thinking "punitive" damages etc etc. There would be a veritable flood of motions. And the PR stooges would be out in force "fronting" the media. Calling in markers. Making calls.
So something tells me YS is NOT clean at all. Look at their website. Weak. Very weak. This may have been a very profitable scam which they have been running. And some of us did believe their bull.
I have a few friends with their own big biz and if their turf was threatened by the guv....the very first thing they would do is to hire lawyers to file motions at the entity who threatened thier biz. Their money.
I see no such action from YS...just words that they are"studying" the legalese. Gimme a break. "Studying"??? WTF. The whole thing smells to me like dead fish. |
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jackz7
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by Smokinjoe
on Sat Dec 18, 2004 10:02 am |
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I really don't know about the legalities of all this but I would be fearful that if one was to go to JFK to claim their smokes you would be arrested on the spot.
Otherwise you could claim you know nothing about it and some anonomous benefactor must have sent them to you as a gift.
For me and the two cartons of smokes I lost this will be a closed chapter and if sc.com refunds my money as they promised, Great!
I was very wary of this too good to be true scheme from the get go and got into it only after it had been around a couple years and right out in the open, I don't think smugglers operate so openly.
They still have the web sites open for ordering more smokes but who would be dumb enough to order more of what they ain't getting? LOL
It looks like inject your own for me, I refuse to reward these greedy Bs for their corrupt practices, the stinking politicians and their goons that is. |
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Smokinjoe
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Joined: Dec 16, 2004
Posts: 178
Location: New Jersey
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