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V Irginia State Cr Im E Commissio N NIA ST GI A R T I E V C R N I M I O S E S C O M M I Tobacco Traf)icking an. Organi01. 2rime in 4irginia Judicial Conference of Virginia for District Courts September 29, 2014 NIA ST GI A R T I E Overview V C R N I M I O S E S C O M M I • Why Does Trafpic3ing Occur7 • 8ethods Used by .rafpic3ers • Benepiciaries of .rafpic3ing • Crime Commission Recommendations and Anacted Legislation VIRGINIA STATE CRIME COMMISSION 2 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • All cigarette trafpic3ing schemes, no matter the methods employed, depend upon tax avoidance. • Cigarette smuggling and Iblac3 mar3etJ cigarettes have existed for decades, but recent tax increases in a number of states have greatly increased the potential propits to be made. VIRGINIA STATE CRIME COMMISSION 3 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • Virginia has the 2nd lowest cigarette tax rate in the country, while the midMAtlantic and New England states have some of the highest cigarette tax rates. • .his tax differential and the geographical proximity of Virginia to these other states has led to Virginia becoming the primary source state for blac3 mar3et cigarettes. VIRGINIA STATE CRIME COMMISSION 4 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I VIRGINIA STATE CRIME COMMISSION 5 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • .he state excise tax rate for a carton of cigarettes O10 pac3sRS – 4irginia5 63.00 – TennsylvaniaS U16.00 – New WerseyS U27.00 – Rhode IslandS U34.60 – 8assachusettsS U35.10 – New Yor3S U43.50 – New York 2ity5 658.50 VIRGINIA STATE CRIME COMMISSION 6 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • .he state excise tax rate for a case of cigarettes O60 cartonsRS – 4irginia5 6180.00 – TennsylvaniaS U960.00 – New WerseyS U1,620.00 – Rhode IslandS U2,076.00 – 8assachusettsS U2,106.00 – New Yor3S U2,610.00 – New York 2ity5 63,510.00 VIRGINIA STATE CRIME COMMISSION 7 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I State Excise Tax Per Carton Per Case State Rate/carton Differential Differential Virginia $3.00 → N/A → N/A Pennsylvania $16.00 → $13.00 → $780.00 New Jersey $27.00 → $25.00 → $1,440.00 Rhode Island $34.60 → $31.60 → $1,896.00 Massachusetts $35.10 → $32.10 → $1,926.00 New York $43.50 → $41.50 → $2,430.00 New York City $58.50 → $55.50 → $3,330.00 VIRGINIA STATE CRIME COMMISSION 8 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • Representative prices for a premium brand pac3 of cigarettes inS – VirginiaS U5._1 – TennsylvaniaS U6.95 – New WerseyS U_.55 – 8assachusettsS U_.77 – Rhode IslandS U9.56 – New Yor3S U13.00 – New Yor3 CityS U14.50 SourceS Wampel, 2013. VIRGINIA STATE CRIME COMMISSION 9 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • In Richmond, Virginia, a carton of premium cigarettes costs approximately U40.00 to U45.00. • In New Yor3 City, a carton of premium cigarettes costs approximately U120.00 to U150.00. • .he propit on a diverted load of 1,500 contraband cartons of cigarettes could easily be U100,000.00 due to these price differentials. VIRGINIA STATE CRIME COMMISSION 10 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • .he price differential between states can lead to enormous propits when cigarettes are transported from a low cost state li3e Virginia to a high cost state, li3e New Yor3. Photo and Description taken from (King, P. 2008) 54,000 cartons of untaxed cigarettes purchased in and smuggled from Virginia and seized in Queens, New York by New York State Department of Taxation and Finance VIRGINIA STATE CRIME COMMISSION 11 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • .he Bureau of Alcohol, .obacco, airearms, and Explosives OA.aR estimates the amount of propit that a cigarette trafpic3er can ma3e, ta3ing cigarettes from Virginia to New Yor3 City, asS – U_.50 for a pac3 of cigarettes – U_5.00 for a carton of cigarettes – U5,100.00 for a case of cigarettes – U4,0_0,000.00 for a single truc3load of _00 cases of cigarettes. SourceS A.a aact Sheet, 8arch 2011. VIRGINIA STATE CRIME COMMISSION 12 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • A separate estimate provided by an A.a agent was as followsS – A car can carry 10 cases of cigarettes, with an estimated propit of U34,000.00 – A van can carry 50 cases of cigarettes, with an estimated propit of U170,000.00 – A UMbaul can carry 200 cases of cigarettes, with an estimated propit of U670,000.00 Source: Effectively Combating I‐95 Cigarette .rafpic3ing Conference, 2012. VIRGINIA STATE CRIME COMMISSION 13 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • .rafpic3ing can also occur intraMstate within Virginia due to local tax rate differentials. Locality State Tax City Tax Total Tax Per Pack Tax Per Carton (x 10) Alexandria* 0.30 1.15 1.45 14.50 Chesapeake 0.30 0.50 0.80 8.00 Fairfax City 0.30 0.85 1.15 11.50 Fairfax County 0.30 0.30 0.60 6.00 Hampton 0.30 0.80 1.10 11.00 Newport News 0.30 0.85 1.15 11.50 Norfolk 0.30 0.80 1.10 11.00 Portsmouth 0.30 0.90 1.20 12.00 Suffolk 0.30 0.50 0.80 8.00 Tazewell* 0.30 0.10* 0.36 3.60 0.30 0.70 1.00 10.00 Va Beach NoteS All rates effective as of Wuly 1, 2014. VIRGINIA STATE CRIME COMMISSION 14 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • IIllegally trafpic3ed cigarettes now have a higher propit margin than cocaine, heroin, maricuana, or guns.J – duote from an agent with the Virginia State Tolice. VIRGINIA STATE CRIME COMMISSION 15 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • IIn aairfax County, Va.,esuspects exchanged one 3ilogram of cocaineein exchange for 3,000 cartons of cigarettes. f.hey were willing to trade cocaine for cigarettes. .hat tells you about the propit margin they saw on the cigarettes,g said Edgar Domenech, who heads the A.ags (ashington, D.C. pield division.J – aields, .he (all Street Wournal, Wuly 20, 2009. VIRGINIA STATE CRIME COMMISSION 16 NIA ST GI A R T I E (hy Does .rafpic3ing Occur7 V C R N I M I O S E S C O M M I • Law enforcement estimates that the current street value of a 3ilogram of cocaine in Virginia is roughly U97,000. • .his is the amount of propit a cigarette trafpic3er can ma3e transporting a load of around 1,500 cartons of cigarettes to New Yor3 City, depending upon his purchase costs. • .he street value for a pound of maricuana in Virginia is roughly U3,500h this is the propit that could be realiied from transporting cust one case of cigarettes O60 cartonsR. VIRGINIA STATE CRIME COMMISSION 17 NIA ST GI A R T I E 8ethods Used by .rafpic3ersS Smurping V C R N I M I O S E S C O M M I • Smurping is the IlegalJ purchase of cartons of cigarettes, and then transporting them out of state, with the intent to sell them. • arequently involves small groups of individuals, who are paid to purchase cartons at multiple locations, throughout the course of a day. • .he smurfs then meet at a central location, and the cartons are gathered together for a smuggling run in one or more vehicles. VIRGINIA STATE CRIME COMMISSION 18 NIA ST GI A R T I E 8ethods Used by .rafpic3ersS Smurping V C R N I M I O S E S C O M M I • Smur)ing appears to be very common in 4irginia. – A recently published study that examined the extent of cigarette tax avoidance in the South Bronx found that 9.1k of cigarettes there came from Virginia Ol6rti et al., 2012R.
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