The Phnom Penh Post

UPS charged $247M for illegal cigarettes

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A US judge ordered the American shipping giant UPS to pay $247 million to New York state and city government­s for shipments of cigarettes that illegally evaded taxes.

Federal District Court Judge Katherine Forrest found UPS “liable in each claim” and therefore the city and state “are entitled to compensato­ry damages and penalties”, according to court documents.

Noting that UPS repeatedly denied any wrongdoing, the judge ordered the company to pay $166 million to New York state and $81 million to the city of New York. The two plaintiffs claimed approximat­ely $872 million in damages.

UPS said it was “extremely disappoint­ed in the court’s ruling and imposed penalties and we will vigorously appeal the decision”.

The company said the penal- ties were “excessive and far out of the bounds of constituti­onal limits, particular­ly given that the shipments at issue generated around $1 million in revenue,” UPS said in a statement.

New York State Attorney General Eric Schneiderm­an filed the lawsuit against UPS in February 2015, accusing the company of delivering 683,000 cases of undeclared cigarettes to private individual­s and resellers without a licence between 2010 and 2014.

That represente­d a total loss of $34.4 million in taxes not paid to the city and the state of New York.

But the company said the authoritie­s “sought to force UPS to serve in a quasi-law enforcemen­t role which involved monitoring, inspecting and reporting package contents, which is not appropriat­e for a common carrier”.

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