6 years jail for garlic scam

Bicker

Just to clarify something, any Irish citizen is entitled to buy cigarettes in any EU country and bring them here for their own consumption, as long as local duty has been paid in the country of origin, and they may bring as many as they like. Thems the rules. So if I wish to fly to Poland and buy 2000 cigarettes at 2 euro a pack, and fly home with them, I may do so, totally legally, as I have paid all duties due in Poland. For revenue to take them off me they must prove they are not for my own personal consumption, which is not possible because I will consume each and everyone of them personally. Therefore, I am not a smuggler, I am a smoker who is fully compliant with all Irish and EU law. And a savvy shopper. If one could fly to Poland and buy a new car for 25% of the cost of the same car here, every single person on this thread would do so, and you wouldn't give a damn about the states financial needs. Hypocrisy is alive and well.
And the garlic smuggler ? Sentence is simply not proportional to the crime and the efforts of him to mitigate his offence. It is grossly wrong to think 6 years is suitable when our elected representatives will spend at least the sum of his crime on first class travel/accommodation partying around the world for Paddy's day. To think otherwise is deluded thinking.

Cork24

Bicker wrote: »

Just to clarify something, any Irish citizen is entitled to buy cigarettes in any EU country and bring them here for their own consumption, as long as local duty has been paid in the country of origin, and they may bring as many as they like. Thems the rules. So if I wish to fly to Poland and buy 2000 cigarettes at 2 euro a pack, and fly home with them, I may do so, totally legally, as I have paid all duties due in Poland. For revenue to take them off me they must prove they are not for my own personal consumption, which is not possible because I will consume each and everyone of them personally. Therefore, I am not a smuggler, I am a smoker who is fully compliant with all Irish and EU law. And a savvy shopper. If one could fly to Poland and buy a new car for 25% of the cost of the same car here, every single person on this thread would do so, and you wouldn't give a damn about the states financial needs. Hypocrisy is alive and well.
And the garlic smuggler ? Sentence is simply not proportional to the crime and the efforts of him to mitigate his offence. It is grossly wrong to think 6 years is suitable when our elected representatives will spend at least the sum of his crime on first class travel/accommodation partying around the world for Paddy's day. To think otherwise is deluded thinking.

Fair Enough we all buy on the cheap in EU Online SHops if we could i all love to buy a car in Poland and not pay the Car Reg and VAT ontop of the Car, if i had the money i would go to face every month and fill the car up with Drink and Wine and take it back home with me for my "OWN" Use..

Same goes with Fags,,, But the fact this Man buys Galic for reselling in food, is a crime not to pay the Tax.. If i buy stop from the EU but want to resell it on.. i would be breaking the law as i would have to pay tax on it..

Gingernuts31

Bicker wrote: »

Just to clarify something, any Irish citizen is entitled to buy cigarettes in any EU country and bring them here for their own consumption, as long as local duty has been paid in the country of origin, and they may bring as many as they like. Thems the rules.

According to the revenue website you can bring in 800 and you won't be questioned on them and they will be deemed as for your personal use. If you bring in more than 800 its up to revenue to decide if they believe they are for your personal use or if you plan to sell them on. So yes you can bring them in alright but there is no guarantee revenue will allow you to take more than the 800 with you if they suspect you will sell them on.

http://ireland.visahq.com/customs/

Dude111

El Weirdo wrote:

It fucking stinks.

I reckon it does...........GARLIC IS YUK

Capt'n Midnight

Mits wrote: »

His crime was financial and so should be his punishment. He was paying the money back. Now he is in jail at the countries expense.

I'm sick and tired of the rich and powerful using the taxpayer as a lender of first resourt. Tax dodges are like overdrafts, except that you don't always have to pay back all the money you took, only the money they can prove.

In theory if you are a good enough business person you could probably make up the fine on your prof its with the use of the money you weren't entitled to in the first place.

What is the current market rate for an overdraft or other unsecured load ?
Remember to take into account the number of business that still owed tax when they went bust when determining the rate.

I also think a 232% tax on garlic is ridiculous. What happened to let the market decide.

It's not the market price , it's state sponsored dumping. Perhaps the motive is that the Chinese government can give farmers Yuan and get hard foreign currency instead , or something

gizmo555

Speaks for itself really, especially the bit about not expecting to be let away with it if you only pay what you owe when you're caught. Puts Begley's six years for €1.6m fraud in some context too - if anything, he got off lightly.

A car dealer has been jailed for four years after he failed to pay more than €220,000 in VAT on second-hand vehicles.

John Hughes (55), with a previous address at Cuala Road, Bray, Co Wicklow, but now living in Nice, France, pleaded guilty at Dublin Circuit Criminal Court. He has since paid the tax of €226,718 that was due on 119 cars.

Judge Martin Nolan said sometimes tax evaders thought they could buy themselves out of trouble. “I don’t think that is appropriate or fair to the other people in the country who mostly pay their tax,” he continued.

“He must pay for it as a matter of punishment and deterrence for other people considering going down this road,” the judge added, before sentencing Hughes to four years in prison.

mikom

Meanwhile Bertie laughs to himself whilst supping on a can of Bass and picking at a punnet of garlic chips.

steddyeddy

gizmo555 wrote: »

Speaks for itself really, especially the bit about not expecting to be let away with it if you only pay what you owe when you're caught. Puts Begley's six years for €1.6m fraud in some context too - if anything, he got off lightly.

A car dealer has been jailed for four years after he failed to pay more than €220,000 in VAT on second-hand vehicles.

John Hughes (55), with a previous address at Cuala Road, Bray, Co Wicklow, but now living in Nice, France, pleaded guilty at Dublin Circuit Criminal Court. He has since paid the tax of €226,718 that was due on 119 cars.

Judge Martin Nolan said sometimes tax evaders thought they could buy themselves out of trouble. “I don’t think that is appropriate or fair to the other people in the country who mostly pay their tax,” he continued.

“He must pay for it as a matter of punishment and deterrence for other people considering going down this road,” the judge added, before sentencing Hughes to four years in prison.

Why is it one law for the rich and one law for the poor?

gizmo555

steddyeddy wrote: »

Why is it one law for the rich and one law for the poor?

Sorry, who are the poor in this comparison? Two businessmen who have stolen €226k and €1.6m respectively? Who were able, as we've seen, to find the cash to make the payments when they were caught out? My heart bleeds for them . . .

Recent news brought me to this article
http://www.independent.ie/national-news/abbey-for-sale-with-pervert-priests-grave-included-1339709.html

Compare & Contrast:

He died of a massive heart attack just a month into a three-year sentence for sex crimes against children.

He had pleaded guilty to 74 charges of indecent and sexual assault committed over 35 years.

then i thought I would check some more online

http://www.breakingnews.ie/ireland/man-sentenced-for-manslaughter-of-girlfriend-541420.html

A 53-year-old man who killed his girlfriend with a shotgun and dumped her tied-up body in the boot of a car has today been jailed for seven years.

Read more: http://www.breakingnews.ie/ireland/man-sentenced-for-manslaughter-of-girlfriend-541420.html#ixzz1ttYUF5bW

and

http://www.irishtimes.com/newspaper/ireland/2012/0313/1224313201165.html

A FORMER Army sergeant has been sentenced to 12 years with six suspended after pleading guilty to raping and sexually assaulting his daughter for more than a decade.

http://www.irishtimes.com/newspaper/ireland/2011/1024/1224306385437.html

Judge Patrick Moran in Cork Circuit Criminal Court imposed a six- year sentence, all of which was suspended, on Brian Wall, on nine counts of possession of heroin worth €145,600

Pataman

^^^^^^ It just beggars belief.

micropig

Seen as this new evidence has come to light, I think the garlic man didn't get long enough. It is obviously a more serious crime than these.Our jails are full of mostly garlic smugglers and the like, while the real serious criminals roaming the streets. Go figure

Deleted User wrote: »

Recent news brought me to this article
http://www.independent.ie/national-news/abbey-for-sale-with-pervert-priests-grave-included-1339709.html

Compare & Contrast:


then i thought I would check some more online

http://www.breakingnews.ie/ireland/man-sentenced-for-manslaughter-of-girlfriend-541420.html



and

http://www.irishtimes.com/newspaper/ireland/2012/0313/1224313201165.html


http://www.irishtimes.com/newspaper/ireland/2011/1024/1224306385437.html

SocSocPol

The court of Criminal Appeal have agreed to prioritise his appeal hearing.
http://www.irishtimes.com/newspaper/ireland/2012/0713/1224319966551.html

RaRaRasputin

This poor man is innocent! It was me...I ordered it all and ate it all, I love garlic and you cannot ever have too much of it in your food!

Run_to_da_hills

I would agree with this. The guy was up front and cooperated with the revenue commissioners. If the state is going to be hard on him it would only put other people off that need to come up front.

Severe punishments for people who plead guilty to Revenue offences could have a "chilling effect" on other taxpayers who are co-operating, the Court of Criminal Appeal has heard.

The potential "chill factor" was outlined during an appeal by a Dublin businessman who is serving the longest ever jail term for a Revenue offence after being convicted of a €1.6m garlic import scam.

http://www.independent.ie/national-news/courts/warning-to-taxman-in-garlic-mans-appeal-over-sentence-3315238.html

FrogMarch

Run_to_da_hills wrote: »

I would agree with this. The guy was up front and cooperated with the revenue commissioners. If the state is going to be hard on him it would only put other people off that need to come up front.

Severe punishments for people who plead guilty to Revenue offences could have a "chilling effect" on other taxpayers who are co-operating, the Court of Criminal Appeal has heard.

The potential "chill factor" was outlined during an appeal by a Dublin businessman who is serving the longest ever jail term for a Revenue offence after being convicted of a €1.6m garlic import scam.

http://www.independent.ie/national-news/courts/warning-to-taxman-in-garlic-mans-appeal-over-sentence-3315238.html

Is that the same judge that's let a load of convicted rapists walk free with a fine? :rolleyes:

Glad to see we have our priorities straight in this country. Rape isn't a serious crime. Check. Not paying 200% levies on garlic is a serious crime. Check.

Death and Taxes

FrogMarch wrote: »

Is that the same judge that's let a load of convicted rapists walk free with a fine? :rolleyes:

Glad to see we have our priorities straight in this country. Rape isn't a serious crime. Check. Not paying 200% levies on garlic is a serious crime. Check.

None of those he made pay a fine were rapists, sexual assalut and assault, but not rape.
that said he is unfit to hold judicial office

Media999

This dirty scummy robbing bastard back on the news again. 6 years and nothing less. Deserves more.

Someone steals 1.6 mill off the state in a time where people cant afford to feed their kids and the judge is wrong for locking him up? ****ing laughable.

FrogMarch

Media999 wrote: »

This dirty scummy robbing bastard back on the news again. 6 years and nothing less. Deserves more.

Someone steals 1.6 mill off the state in a time where people cant afford to feed their kids and the judge is wrong for locking him up? ****ing laughable.

Yeah but the government who have stolen billions from the people of Ireland are the ones who jailed him. See the hypocrisy there? No of course not. I didn't expect you would.

dvpower

FrogMarch wrote: »

Yeah but the government who have stolen billions from the people of Ireland are the ones who jailed him. See the hypocrisy there? No of course not. I didn't expect you would.

The Government didn't jail him. It was the judiciary.

FrogMarch

dvpower wrote: »

The Government didn't jail him. It was the judiciary.

Thanks for clearing that up for me. The disparity between the government, judiciary, revenue, etc. is a wonderful convenience.

Grimreaper666

And Mick Wallace is still running the country?? What a wonderful place we live in..........

dvpower

Grimreaper666 wrote: »

And Mick Wallace is still running the country?? What a wonderful place we live in..........

Mick Wallace got promoted?:eek:

Grimreaper666

dvpower wrote: »

Mick Wallace got promoted?:eek:

Well he's still in government! He's in good company anyway with all the other liars, crooks and thieves.......

MagicSean

FrogMarch wrote: »

Thanks for clearing that up for me. The disparity between the government, judiciary, revenue, etc. is a wonderful convenience.

It's a necessary reality.

AudreyHepburn

PCPhoto wrote: »

he got a strong sentence which will more than likely be reduced on appeal ...but it will deter others from attempting to defraud the revenue.

Revenue are spending hundreds of thousands ...maybe more ...on keeping a close eye on imports and gaining the correct amount of money from all imports - the government is trying to squeeze every penny out of people and those that try to cheat the system should get a similar sentence ...our courts are too soft as far as I'm concerned we need strong deterrents to try stop people breaking the law.

The law is there for a reason !!

My sentiments exactly.

You do the crime, then you do the time, simple as that.

Of course our laws stink most of the time, of course there are those walking free who should be behind bars.

But can we least be happy that this once the courts got it right.

This man broke the law, now he must take his punishment. I see no problem with this at all.

dvpower

Grimreaper666 wrote: »

Well he's still in government! He's in good company anyway with all the other liars, crooks and thieves.......

Mick Wallace is NOT in Government

Curly Judge

Media999 wrote: »

This dirty scummy robbing bastard back on the news again. 6 years and nothing less. Deserves more.

Someone steals 1.6 mill off the state in a time where people cant afford to feed their kids and the judge is wrong for locking him up? ****ing laughable.

You should get back to playing with your dongles and leave the entrepreneurs of this country to running business and creating employment.

I didn't notice you getting quite so worked up over the SIPTU chancers who stole 2.35 million from hospital patients and merely got moved sideways.

Muilleann

Judge Nolan went over the top in handing down the original sentence.

Not first time he's handed down a disproportionate sentence,either way.

BigGrayKettle

He re-paid the tax due and apparently fully co-operated with the investigation and subsequent case, yet still received the maximum sentence. What does that say to the next offender? Why bother re-paying and co-operating if you will still be handed down the maximum sentence?

TheFisherKing

Media999 wrote: »

Someone steals 1.6 mill off the state in a time where people cant afford to feed their kids and the judge is wrong for locking him up? ****ing laughable.

I'd rather see some of those that get off for serious vicious assaults locked up than someone who cheats the state out of tax and I don't care how much they swindled quite frankly, as the first priority for our courts should be to keep our streets safe from c**ts that might put our lives at risk.

Media999

FrogMarch wrote: »

Yeah but the government who have stolen billions from the people of Ireland are the ones who jailed him. See the hypocrisy there? No of course not. I didn't expect you would.

Ah i see . Its all ok now. Sure let the scumbag off with it so.

Media999

Curly Judge wrote: »

You should get back to playing with your dongles and leave the entrepreneurs of this country to running business and creating employment.

I didn't notice you getting quite so worked up over the SIPTU chancers who stole 2.35 million from hospital patients and merely got moved sideways.

What a sad bastard going through someones previous posts. What a sad pathetic bastard.

listermint

Media999 wrote: »

What a sad bastard going through someones previous posts. What a sad pathetic bastard.

Ha you were caught out.

Thats classic.


Welcome to the internet - oh and reported!!

Super-Rush

Media999 banned.

gizmo555

Looks as though Mr Begley wasn't the only one to profit from this - Swedish authorities have issued arrest warrants for two British men whom they allege owe €10m in duty on garlic smuggled into the EU through Norway:

(STOCKHOLM) — Swedish prosecutors have issued international arrest warrants for two Britons suspected of masterminding a smuggling ring involving Chinese garlic.

The men first shipped the garlic to Norway by boat, where it entered the country duty-free since it was considered to be in transit, prosecutor Thomas Ahlstrand said Wednesday. They then drove large shipments of garlic across the Norwegian-Swedish border, avoiding customs checks and thus Swedish import duties.

Ahlstrand said the men avoided paying some €10 million ($13.1 million) in Swedish taxes with the scheme, which took place in 2009 and 2010. A lengthy police investigation led to the identification of the two Britons.

Pal

Begley gets a sentence review.

Proper order too.

phoenix999

Sentence has just been set aside for now:

http://www.rte.ie/news/2013/0122/363908-paul-begley-garlic-court/

Death and Taxes

phoenix999 wrote: »

Sentence has just been set aside for now:

http://www.rte.ie/news/2013/0122/363908-paul-begley-garlic-court/

But he remains in custody pending a new sentencing hearing, pity he didn't rape his daughter 500+ times then he would have got bail!:mad:

JohnOShock

Ridiculous! Priorities are lost in Judicial Ireland. Solicitors and barristers are only concerned with filling their own pockets. All reasons to promote emigration. I feel so glad to be thousands of miles away from the circus they have made of my homeland.
Rapists walk while people trying to survive the crazy tax regime in Ireland get penalised unfairly.....
Living in a country where sales tax is reasonable, business creation and employment is supported and entrepreneurship puts a lot into perspective... and I ain't talkin' America.... Asia is the new economic force, learn from them, they've always had it hard.....
and get the priorities in order :cool:

hollster2

and a self confessed rapist gets free whats happened to this country

JohnOShock

@ Media999: please do

Death and Taxes

Media999 wrote: »

Ah i see . Its all ok now. Sure let the scumbag off with it so.

Nobody is suggesting he be let off. As the CCA stated today he would never have been convicted had it not for him co-operating, plus he pleaded guilty, paid back the money plus interest and penalties, that hardly warrants the maximum available sentence.

Pal

I think most reasoned people will agree with you.

the sentence is ridiculous. Rapists walk free. Scumbags stamp a Pole to death for a buzz and get 6 years.

For all you people thinking of Gathering here.
Welcome to Ireland.

dirtyden

WileyCoyote (Accelleratii Incredibus!) wrote: »

Nobody is suggesting he be let off. As the CCA stated today he would never have been convicted had it not for him co-operating, plus he pleaded guilty, paid back the money plus interest and penalties, that hardly warrants the maximum available sentence.

Did they say that? I thought he was caught pretty much red handed and the fact that he pleaded guilty and assisted the authorities while commendable was probably an attempt to get a realtively soft sentence.

His sentence was overly harsh but i do think some kind of custodial sentence was fair. He only cooperated because he was caught. If he was not caught he would still be swindling the state of millions in taxes and putting legitamate businesses to the wall. A year would have been enough though not 6.

Stheno

dirtyden wrote: »

Did they say that? I thought he was caught pretty much red handed and the fact that he pleaded guilty and assisted the authorities while commendable was probably an attempt to get a realtively soft sentence.

His sentence was overly harsh but i do think some kind of custodial sentence was fair. He only cooperated because he was caught. If he was not caught he would still be swindling the state of millions in taxes and putting legitamate businesses to the wall. A year would have been enough though not 6.

They did

Presiding judge Mr Justice Liam McKechnie found that mitigating factors in the case had not been "appropriately or properly valued".

Mitigating factors mentioned during the court hearing included the fact that Begley had fully co-operated with the investigation and had reached a settlement of €1.6 million with the Revenue Commissioners, a payment schedule which had been adhered to and which is due to be paid in full later this year.

And from the Sindo

Appeal court judge Mr Justice Liam McKechnie warned the tax evasion was a serious matter carried out with premeditation over a period of time for personal gain, so the sentence should be based on punishment and general deterrence.

However, he told the court that the mitigating factors against the lengthy sentence had been striking.

He said Begley supplied chapter and verse in the case against him, which was unprecedented.

"In effect, the book of evidence was entirely supplied by the appellant," the judge added.

dirtyden

It did not say that he would not have been convicted if he did not cooperate, which is what your post said, just that he provided the book of evidence. He was caught red handed so he cooperated which is an entirely different thing to what you originally indicated. The fact that the customs officers found tonnes of crates of garlic labelled and with the duty paid as apples was evidence enough to convict him. His cooperation as in all cases was to provide mitigation for sentencing which the trial judge chose not to apply.

Milk & Honey

dirtyden wrote: »

The fact that the customs officers found tonnes of crates of garlic labelled and with the duty paid as apples was evidence enough to convict him.

It would certainly not be enough to convict him. The labels on the boxes are hearsay. He could have forced them to produce a book of evidence showing that he knew all about the scam, that he intended it and that it was not a mistake by the Chinese. He could have contested all of the evidence at a trial. lastly, because it was a jury trial there was a risk that three or more jurors would have refused to convict anyway, given the nature of the offence.
The reality is that he had a sporting chance of getting off if he brazened it out. Many criminal defendants do.This is invariably recognised in a discount of sentence when there is a guilty plea and co-operation.

Pal

dirtyden wrote: »

It did not say that he would not have been convicted if he did not cooperate, which is what your post said, just that he provided the book of evidence. He was caught red handed so he cooperated which is an entirely different thing to what you originally indicated. The fact that the customs officers found tonnes of crates of garlic labelled and with the duty paid as apples was evidence enough to convict him. His cooperation as in all cases was to provide mitigation for sentencing which the trial judge chose not to apply.

Rubbish.
He was caught with one truck.
about €50k worth of garlic.

He owned up to the ongoing scam which customs had no knowledge of.
He showed them how he did it. Paid his tax. Paid his fine. Admitted his guilt and did not contest it. Then got no mitigation that you speak of and was hammered by the Judge.

Lesson learned. Tell them nothing.

Stovepipe

Like I said before, you don't know what he got away with in the past, you don't know how many other people are pulling scams like this and have gotten away with it. It was a clever scam and there might be other clever scams out there, costing us taxpayers money, so he should be banged up, even if only for a shorter period, even if only as a warning to other importers.

regards
Stovepipe