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Hefty Fines For Illegal Container Removal

Hefty Fines For Illegal Container RemovalAntigua St. John's - Cool and Smooth has been fined EC$106,144.20 for its role in the illegal removal of one of its containers from the port on May 25.

The broker involved in the transaction has also been fined EC$109,335.72.

Meanwhile, the customs officer involved in the illegal movement remains on suspension.

According to reports from the Customs and Excise Division, Customs Officer Garfield Morris and Foston George of the brokerage firm F&G Trading Customs have both pleaded guilty in the investigation that lasted just over a month. The guilty pleas have marked the conclusion of the inquiry.

“Collection of EC$215,479.92 in fines in a single case of this nature is the largest ever collected by Customs in recent history,” Customs said.

Reports from the Comptroller’s office on Wednesday also revealed that the importer, M/S Cool & Smooth represented by Mr. Amir Hourani, accepted the responsibility of sharing the blame for the wrongdoing, even though Hourani was not directly involved in the unlawful removal of the container. This acceptance of responsibility resulted in the hefty fine.



Cool and Smooth was charged for untrue declaration; unlawful removal of the container; and unpaid duties and taxes.

Customs said too that F&G Trading Customs confessed to the fraud and was fined EC$109,335.72 for untrue declaration; unlawful removal of the container; and bribery and collusion.

The Finance Ministry has been made aware of the situation and efforts have been taken to keep Customs Officer Morris on suspension. Morris was suspended about a week after the incident occurred.

“It is not within the powers of the Comptroller to take any action other than reporting the findings of the investigation pertaining to that officer. It is our understanding that the Establishment Division will take further appropriate action on the matter,” the statement said.

Comptroller Raju Boddu gave assurances that the investigation was “kept transparent and conducted in a mutually respectful environment, mindful of each others’ rights and obligations.” He said the weight of the fines should serve as a deterrent for future illegal activities from customs officers, brokers and importers alike.

“The Customs Department would like to bring a closure to the case and wishes to send out a strong signal to the general public and to clients alike that it is not “business as usual” at Customs, and irregularities of any kind from anybody will be dealt with seriously.

We are determined to reform only to serve you all better,” Boddu stated.

See related stories:

Customs Officer Suspended in Alleged Fraud Investigation

Cool and Smooth Speaks Out

Alleged Fraud at Customs

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19 Comments In This Article   

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RE: Hefty Fines For Illegal Container Removal

#19 Reality » 2012-07-15 00:12

No Knighthood?

What is this "country" coming to?
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Reality

Take Warning (A second attempt)

#18 Daughter of Klaas » 2012-07-14 12:10

For some reason, my earlier comments have not been published. I wish they would let me know why. Maybe I should not have "touched the Lord's Anointed".I try again. To xx, you are being closely monitored by the descendants of Klaas. You seem intent on creating your alien dynasty at the expense of born and bred Antiguans. Recently you were allegedly implicated in the Fencing Scandal. Overnight, you have gone from store merchant to leader in the field of (Government projects) construction. And now your have been charged in a scheme designed to again xxxxud taxpayers. We are monitoring you!
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Daughter of Klaas

Investigate WPP

#17 Concerned » 2012-07-12 22:45

Mr. Comptroller, Can you also investigate the WPP and tell us whether it is new. Sure you have the paperwork they submitted when importing these machine. Or did they bring it in illegally. In that case you should go and fine them as well and put all involved in jail
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Concerned

RE: Hefty Fines For Illegal Container Removal

#16 Morris » 2012-07-12 20:18

One one full basket. Mr. Boddu continue to go after the perpetrators, ANU is definitely in need of a good douche.
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Morris

RE: Hefty Fines For Illegal Container Removal

#15 GLEN » 2012-07-12 20:05

and they wonder ,y so much gun in the country.
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GLEN

Justice but

#14 dadlison » 2012-07-12 14:37

I am happy to see justice meted out to those who so often fly under its radar. However, one has to wonder, if money has to go somewhere, would you rather it going to Cool & Smooth who not only offers great deals but sponsors nearly every local event who approaches them, or our government who will pour the money into old power plants and unsustainable housing projects? Sometimes we have to choose the lesser of two evils.
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dadlison

@ Cool And Smooth

#13 Anu » 2012-07-12 14:01

Now that the result of the investigation has found you somewhat culpable, will you continue to have those weekly sale specials on your imported items? I'm a just asking.
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Anu

RE: Hefty Fines For Illegal Container Removal

#12 from the east » 2012-07-12 11:19

Contests but you need to keep up the good work. Mr Boddu might I suggest that you look at your officers from the east. That has a platinum credit card n who gives his girlfriend an open check for her birthday. Oh xxxxd I have said too much
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from the east

RE: Hefty Fines For Illegal Container Removal

#11 Informer » 2012-07-12 11:04

Just the tip of the iceberg but it is better than nothing, lets see how long bebore they send the Indian back where he come from!!!!! it is unhealthy to make waves around here. :-x
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Informer

RE: Hefty Fines For Illegal Container Removal

#10 Fed Up » 2012-07-12 10:14

Go after the rest, this been going on for years. A prominent businessman once bragged to me that he could get a container cleared, minimal duty for $200. The country has lost millions over the years.
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Fed Up

RE: Hefty Fines For Illegal Container Removal

#9 Egg Shells » 2012-07-12 10:05

When will Baldwin Spencer pay the fine for breaking the law i.e. not getting Parliamentary approval for that OLD Chinese reject power plant. If you keep sweeping stuff under the carpet, eventually the carpet will reach the roof and all the filth will spread. Yuck! :-x
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Egg Shells

BILLION $ QUESTION IS?

#8 OO7 » 2012-07-12 09:54

"The guilty pleas have marked the conclusion of the inquiry". WAIT A MINUTE!! BEFORE YOU SEAL THE FILE, I HAVE A QUESTION,A TINY SIMPLE QUESTION.... CAN THE CUSTOMS AUTHORITIES STATE DEFINITIVELY WHAT WAS THE CONTENTS OF THE CONTAINER? SCHOOL CHILDREN SAY ONDCP MIGHT BE INTERESTED IN THE ANSWER TO THAT BILLION $ QUESTION.
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OO7

Public Servant of the Year 2012. Mr. Raju Boddu

#7 The Messenger » 2012-07-12 09:27

Great job Mr.Boddu, I commend you . Regretfully however that is only a drop in the bucket of corruption that goes on at all the ports of entry into Antigua.That container was only one, what about the hundreds that have passed through before. A wise man once told me that when a criminal is caught committing an illegal act, he had committed many more before that. Maybe you should investigate all the other containers that had passed before this one.
Also, since you have opened a door to honesty and transparency, maybe you can also be appointed to investigate that xxx business xxx for the work on the sidewalks in St. John's, as well as the multi-million dollar trash bin in Johnson's, among other questionable fraud laiden contracts with Public Works. May God continue to guide you in all that you do to help clean this country.
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The Messenger

RE: Hefty Fines For Illegal Container Removal

#6 budman » 2012-07-12 09:13

Good job Mr Boddu. However, According to the labour code, fraud is a crime that constitutes dismissal. so the establishment division ought to terminate the employment of the customs officer
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budman

COMPOUNDING OFFENCES WITH PENALITIES

#5 RAWLSTON POMPEY » 2012-07-12 08:21

It might be instructive to note that while there may have been an abundance of evidence of "...CRIMINALITY ," Section 124 of the Customs (Control and Management) Act, No. 7 0f 1993 provides for the Comptroller of Customs to "...Compound Offences and Mitigate Penalities."

The Section states "...The Comptroller of Customns, may as he 'THINKS FIT" may compound (a) ANY OFFENCE."

This process involves no "...TRIAL" before a Magistrate. It is "...negotiable" and is simply where the Comptroller may decide not to proceed with "...Criminal proceedings" against an offender. Thus, factors considered are usually making **sments on goods-(subject of the offence); payable Tariffs and the imposition of a "...PENALTY."

Offenders with the financial ability usually "...OPT" for this process, if only to avoid societal embar**ment and/or and the humiliation of a public criminal trial. To Customs authorities, it is better and much easier to recoup the Tariffs and Penalities over a lengthy trial and the uncertainty of a conviction.
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RAWLSTON POMPEY

Convenient

#4 james c » 2012-07-12 08:13

Transparent? Surely there should be an investigation into the past importation transactions and dealings of both the broker and the Importer!What is ludicrous is the Importer claiming he is innocent of the removal of the container! Surely the importer pays Customs duties and would know what was paid via the warrants and the receipts! It all still smells!
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james c

Good job Comptroller

#3 Skyewill » 2012-07-12 06:57

Did they break the law? Then it's DPP time? This was done incorrectly. Customs should have reported it to CID and the DPP for criminal processing. Now that customs charged fines, there can be no double jeopardy so it was in the best interest of the culprits to admit guilt outside a court of law where they would not only pay the Taxes & duties etc, but get Jail time also. They been doing this for years. it is proberly the reason they are successful. There is no way to turn a decent profit in Antigua without stealing.( shameful) When you import into Antigua you are working for the government for free. Check all big importers, if they not doing the same thing they will go out of business soon. Doing business in Antigua is unsustainable for a lot of businesses. Good start Mr. Comptroller
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Skyewill

cold cases

#2 Jumbee Picknee » 2012-07-12 06:15

Can cold case files regarding custom irregularities be reopened as in the case of other criminal investigations? I hope that the enforcement is extended to all private ports, mariners, etc.
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Jumbee Picknee

Do's and do not's !

#1 Coopin » 2012-07-12 05:20

If one is going to remove things from the port illegally without having any problems, one will need professional help ! Talk to x x , he is good at it !
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Coopin

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