[Fredslist] anyone familiar with fighting civil penalties for selling illegal cigarettes

Gail Blasie blaze at cal.net
Mon Aug 18 10:25:20 EDT 2008


I represent a client who pled guilty to selling illegal cigarettes.  Unfortunately, when he pled he thought everyone was agreeing that the criminal case would end everything and he paid the taxes owed as part of the plea.

The State Tax Dept. states that they can come back and impose an additional very hefty civil penalty upon him of $150 per carton.  The total fine would be approximately $125,000, which this guy can never ever pay.

Does anyone have any guidance on how to get the civil fine down?  I have already filed an appeal and we have a hearing coming up but I am trying to settle it if I can.  If you have any experience, I would appreciate a call or email.  As always, thank you.

Gail M. Blasie, P.C.
Attorney at Law
1134 Lake Shore Drive
Massapequa Park, NY  11762
phone:  (516) 457-9169
fax:  (516) 804-8219
http://www.blasielaw.com 

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