PAGE 10RHODE ISLAND TAX NEWSContraband:SMUGGLING <strong>RI</strong>NG SHUT DOWN (CONTINUED FROM PAGE 1)Galvin sniffed out a smugglingring in the Providencearea, focusing on the sale <strong>of</strong>contraband cigarettes.Galvin’s dogged efforts –along with the diligent work<strong>of</strong> others in the Excise Taxsection, including ChiefRevenue Agent DonaldEnglert and Principal RevenueAgent Jacques Moreau(now chief <strong>of</strong> compliance) –sparked a far-reaching andcomplex case.Eventually, the case includednot just Tax <strong>Division</strong>personnel, but also state andfederal law enforcementauthorities in a multi-stateoperation.Tax backgroundSmugglers’ loot<strong>Rhode</strong> <strong>Island</strong> State Police displayed some <strong>of</strong> the smuggled cigarettes and cash seized during a sweep that shut down a multistatesmuggling ring that was based in <strong>Rhode</strong> <strong>Island</strong>. Among the items taken was a heating iron (far right) that investigatorsallege was used to press counterfeit state <strong>tax</strong> stamps onto the bottom <strong>of</strong> contraband cigarette packages.In <strong>Rhode</strong> <strong>Island</strong>, as in manystates, each pack <strong>of</strong> cigarettesmust be stamped witha special state <strong>tax</strong> stamp. Itshows that <strong>tax</strong> has been paidon the cigarettes, as requiredby law.In the case developed byGalvin and others in the Tax<strong>Division</strong>’s Excise Tax section,a Massachusetts mandrove rented cargo vans toVirginia and certain otherstates in that region, loadedup on cigarettes from thoselocations, then drove thecigarettes to a storage facilityjust <strong>of</strong>f Route 95 in Warwick.From there, he illegallydistributed the contrabandcigarettes to a number<strong>of</strong> local retailers.The Massachusetts man andseveral others were arrestedand charged in early November.Contraband cigarettes,cash, and other items – includingthe iron – wereseized by investigators andset aside as evidence in thecase, which continues towork its way through thecourt system.A special agentWhen Galvin and the ExciseTax team uncovered thescam, they did the initialspade work that led to thebroader investigation.From <strong>Rhode</strong> <strong>Island</strong>, itspread out across multiplestates, and even included theundercover surveillancework <strong>of</strong> a special agent withthe U.S. Department <strong>of</strong>Homeland Security: JosephA. Sullivan.<strong>Rhode</strong> <strong>Island</strong>’s cigarette <strong>tax</strong>– totaling $3.46 a pack – isone <strong>of</strong> the highest such <strong>tax</strong>esin the country. Some areas,especially certain states inthe mid-Atlantic and South,levy little or no <strong>tax</strong> on cigarettes.At the time <strong>of</strong> the arrests inNovember, for example, the<strong>tax</strong> was 30 cents a pack inVirginia, 45 cents a pack inNorth Carolina, 57 cents inSouth Carolina.As a result, illegally smugglingcigarettes into <strong>Rhode</strong><strong>Island</strong> may appear to <strong>of</strong>fer aquick way to pr<strong>of</strong>it – at leastuntil the smuggler is caught.AffidavitAccording to an affidavitfiled by Special Agent Sullivan,the smuggling enterprisegenerally worked likethis:The chief culprit in the casetraveled to North Carolina,South Carolina, and Virginiato obtain cigarettes for salein <strong>Rhode</strong> <strong>Island</strong>.(Please turn to page 11)
A NEWSLETTER FOR TAXPAYERS AND PRACTITIONERSPAGE 11Contraband:INVESTIGATORS NAB SMUGGLERS (CONTINUED FROM PAGE 10)He purchased Marlboro,Newport, Winston, Seneca,and other brand-name cigarettesfrom conveniencestores and other locations inthose states.He would then haul the stashback to <strong>Rhode</strong> <strong>Island</strong> in car<strong>gov</strong>ans, then drive to the storageunit he rented <strong>of</strong>f JeffersonBoulevard in Warwick, wherehe stored the cigarettes.The wee hoursHe returned to the storageunit, usually during the lateevening and early morninghours, to retrieve supplies <strong>of</strong>the contraband cigarettes.Then he delivered them tovarious convenience storesand other retailers in theProvidence area.Sometimes he went to thestores themselves; othertimes he made drop-<strong>of</strong>fs atthe homes <strong>of</strong> store owners oroperators.The smuggling enterprisefinally ran aground on Tuesday,November 8, 2011. Ona mild and sunny day in Warwick,more than 50 members<strong>of</strong> the Tax <strong>Division</strong> staff gatheredin a parking lot <strong>of</strong>f JeffersonBoulevard shortly after7 a.m.From there, teams <strong>of</strong> agentsfanned out across the state.Included in the sweep weresearches <strong>of</strong> some retail locations,storage facilities, andhomes and businesses.Overall, more than 100agents and others were involved,including the <strong>Rhode</strong><strong>Island</strong> State Police; local police;the U.S. Treasury’s Bureau<strong>of</strong> Alcohol, Tobacco,Firearms and Explosives; andthe U.S. Immigration andCustoms Enforcement’s(ICE) Homeland SecurityInvestigations (HSI) Department.Team leadersDonald Englert (right), chief <strong>of</strong> the <strong>Rhode</strong> <strong>Island</strong> <strong>Division</strong> <strong>of</strong> <strong>Taxation</strong>’s ExciseTax section, and Jacques Moreau (left), then a principal revenue agent in Excise,played key roles in the contraband case. They also took part in a series <strong>of</strong> raids,and gathered at <strong>Rhode</strong> <strong>Island</strong> State Police headquarters in Scituate afterward.Top investigatorJim Galvin, Special Investigation Unit Supervisor at the <strong>Rhode</strong> <strong>Island</strong><strong>Division</strong> <strong>of</strong> <strong>Taxation</strong>, met with other law enforcement personnel at <strong>Rhode</strong><strong>Island</strong> State Police headquarters in Scituate after they helped smash asmuggling ring.Search warrantsThe day marked the simultaneousexecution <strong>of</strong> statesearch warrants, under thedirection <strong>of</strong> the <strong>Rhode</strong> <strong>Island</strong>State Police, at six <strong>Rhode</strong><strong>Island</strong> locations. At the sametime, more than two dozenteams <strong>of</strong> state troopers, locallaw enforcement <strong>of</strong>ficers,federal agents, and <strong>Rhode</strong><strong>Island</strong> <strong>Division</strong> <strong>of</strong> <strong>Taxation</strong>agents executed administrativeinspections at retail outletswhere the contrabandcigarettes were resold.Meanwhile, federal searchwarrants executed under thedirection <strong>of</strong> ICE-HSI wereconducted that same day atstorage facilities in Warwick,<strong>Rhode</strong> <strong>Island</strong>; Richmond,Virginia; and at the chief suspect’sresidence, in Cambridge,Mass.Altogether, agents seizedabout 121,200 packs <strong>of</strong> contrabandcigarettes. Somepacks had no <strong>tax</strong> stamps; othershad counterfeit <strong>tax</strong>stamps; others had <strong>tax</strong> stampsfrom other states.High praiseSome <strong>of</strong> the seized itemswere placed on display for a<strong>news</strong> conference at the ColonelWalter E. Stone Conference-TrainingCenter, at<strong>Rhode</strong> <strong>Island</strong> State Policeheadquarters in Scituate.During the <strong>news</strong> conference,<strong>Rhode</strong> <strong>Island</strong> State PoliceColonel Steven G. O’Donnellsingled out Galvin for his passionin the case, and praisedthe Tax <strong>Division</strong>’s effort.“It’s a priority for them, andtherefore it became a priorityfor us,” O’Donnell said.(Please turn to page 12)