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6 years jail for garlic scam

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  • Registered Users Posts: 17 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.


  • Closed Accounts Posts: 2,663 ✭✭✭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..


  • Registered Users Posts: 374 ✭✭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/


  • Registered Users Posts: 1,771 ✭✭✭Dude111


    El Weirdo wrote:
    It fucking stinks.
    I reckon it does...........GARLIC IS YUK :D


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 90,746 Mod ✭✭✭✭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


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  • Closed Accounts Posts: 2,948 ✭✭✭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.


  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


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


  • Registered Users Posts: 27,564 ✭✭✭✭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?


  • Closed Accounts Posts: 2,948 ✭✭✭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 . . .


  • Posts: 0 [Deleted User]


    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


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  • Registered Users Posts: 1,534 ✭✭✭Pataman


    ^^^^^^ It just beggars belief.


  • Closed Accounts Posts: 2,366 ✭✭✭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






  • Closed Accounts Posts: 1,043 ✭✭✭SocSocPol


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


  • Closed Accounts Posts: 394 ✭✭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!


  • Closed Accounts Posts: 20,009 ✭✭✭✭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


  • Registered Users Posts: 157 ✭✭FrogMarch


    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.


  • Closed Accounts Posts: 3,775 ✭✭✭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


  • Registered Users Posts: 1,687 ✭✭✭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.


  • Registered Users Posts: 157 ✭✭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.


  • Closed Accounts Posts: 9,183 ✭✭✭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.


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  • Registered Users Posts: 157 ✭✭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.


  • Registered Users Posts: 1,045 ✭✭✭Grimreaper666


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


  • Closed Accounts Posts: 9,183 ✭✭✭dvpower


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


  • Registered Users Posts: 1,045 ✭✭✭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.......


  • Closed Accounts Posts: 9,897 ✭✭✭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.


  • Registered Users Posts: 5,673 ✭✭✭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.


  • Closed Accounts Posts: 9,183 ✭✭✭dvpower


    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


  • Registered Users Posts: 2,708 ✭✭✭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.


  • Registered Users Posts: 54 ✭✭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.


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  • Registered Users Posts: 132 ✭✭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?


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