Jailed for evading £18,475 duty on smuggled tobacco

A MAN has been jailed for 10 months for evading excise duty on a large quantity of cigarettes and tobacco found at a Warrington  chip shop.
Ismaiel Fatah Ismaiel, aged 36, who formerly lived in a flat above a chip shop in Dudley Street, Warrington was found guilty at Liverpool Crown Court.
He had originally pleaded guilty to evading duty on 40 sleeves of cigarettes, claiming that another 207 sleeves of cigarettes and 16.5 kilos of hand-rolling tobacco were not his.
However, at a subsequent hearing, Judge David Aubrey ruled that all the cigarettes and tobacco from the premises belonged to the defendant.
HM Revenue and Customs determined that the revenue evaded was £18,475.87 including evaded Excise Duty and VAT.
The court heard that on the evening of November 30, last year, police were made aware of a burglary in progress at a chip shop in Dudley Street, Warrington.
The property was searched and appeared to be unoccupied.
However, at the bottom of a stairwell was a sleeve of NZ Gold cigarettes.
Police stopped a vehicle in the vicinity and discovered large laundry type bags full of cartons of blue Mayfair cigarettes still in their packaging and Golden Virginia tobacco still in its packaging.
A total of 49,400 mixed brand smuggled cigarettes and 16.5 kilos of hand rolling tobacco were seized and the case was passed to HM Revenue and Customs (HMRC) to investigate.
Ismaeil lived at the flat above the chip shop and confirmed to police and HMRC that he had had cigarettes stolen but he disputed that all the goods found in the car were his property. HMRC officers also found that Ismaeil was unemployed and had not paid any tax for the last six years.
Judge Aubrey ruled that all the cigarettes and tobacco were from the defendant’s premises and were his property.
He rejected the defendant’s basis of plea, as the court was satisfied the defendant had evaded the duty paid on all the goods.
Judge Aubrey told the defendant: “This offence strikes at the heart of local legitimate businesses and the sentence passed is to deter you and others.”
Sandra Smith, assistant director, fraud investigation service, HMRC, said:  “The court result demonstrates HMRC’s relentless pursuit of fraudsters who try to evade tax on tobacco products and deprive public services of vital funds.
“We are determined to create a level playing field for local businesses. We urge anyone with information about the storage, transport or trade in smuggled cigarettes and tobacco products to contact the Customs Hotline 0800 59 5000. If you get offered dodgy cigarettes, call us – don’t let them get away with this type of fraud.”