The Rant

 

Seems to me the overzealous NY States Attorneys are interfering with commerce by threats, robbery and extortion under color of official right.

I’m not an attorney but it appears the Feds/FBI would have jurisdiction and no one, no politician, no state official, no attorney would be precluded or exempt from prosecution under these trumping federal laws.

RICO violations are serious… Victims are entitled to recover treble damages plus attorney fees in addition to any other remedies afforded by rights or law. I seem to recall some type of a tea party in Boston relating to unfair taxation…

Would it not be the utopia of supreme justice if these so called authorities who are unreasonably regulating and overtaxing cigarettes to promote and protect their own self serving interests and corrupt organizations were actually convicted of racketeering for interfering with commerce?

No different than gangs in turf wars, These criminals are guilty at the highest levels for violations of the Racketeering Influenced Corrupt Organizations Act and have engaged in a pattern of conspiring and interfering with commerce by controlling the free market for cigarettes, Illegally seizing products, threatening and extorting smokers under the color of official right.

The FDA classifies cigarettes as food products giving them the authority to regulated ingredients and nutritional labeling requirements but most importantly allowing them to be taxed and treated as food.

Under various RICO recovery theories, restitution could be tremendous for smokers to receive three times the amount of taxes paid in excess of food tax plus all of their legal fees plus damages. Get a group of smokers to combine and now we have a Class Action Civil RICO Lawsuit on behalf of all smokers.

Surely there has got to be a powerful law firm that would want to take this case.

TITLE 18 > PART I > CHAPTER 95 CHAPTER 95—RACKETEERING § 1951. Interference with commerce by threats or violence

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
(b) As used in this section—
(1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.
(2) The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
(3) The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.
(c) This section shall not be construed to repeal, modify or affect section 17 of Title 15, sections 52, 101–115, 151–166 of Title 29 or sections 151–188 of Title 45.

I seem to recall a theory published online that tax payers by collecting and paying taxes trigger an agency relationship with the Government. Another seemingly far fetched theory but it may be both to the letter and in the spirit of the law. I’m sure some powerful big lawfirm would enjoy litigating this matter just for publicity.

The fact is that the NYC politicians and AG’s are conspiring to preclude, censure and limit interstate commerce while simultaneously writing a waiver into these laws for themselves to receive cigarettes tax free without penalty. This law affords privileges to officers, employees and agents of the US govt without limit or any special purpose whatsoever… Blatant tax free kick backs in every sense of the word.

NYS PUBLIC HEALTH LAW ARTICLE 13-F; SECTION 1399-LL
Unlawful shipment or transport of cigarettes.
Effective June 2003

(Any emphasis is added by C.L.A.S.H. for follow-up points)

* § 1399-ll. Unlawful shipment or transport of cigarettes. 1. It shall be unlawful for any person engaged in the business of selling cigarettes to ship or cause to be shipped any cigarettes to any person in this state who is not: (a) a person licensed as a cigarette tax agent or wholesale dealer under article twenty of the tax law or registered retail dealer under section four hundred eighty-a of the tax law; (b) an export warehouse proprietor pursuant to chapter 52 of the internal revenue code or an operator of a customs bonded warehouse pursuant to section 1311 or 1555 of title 19 of the United States Code; or (c) a person who is an officer, employee or agent of the United States

Now I’m not an accountant but I profess to have some basic math skills.

Tax Revenues Derived from a Pack of Cigarettes:

$1.50 NY City Excise Tax
$1.50 NY Excise Tax
$0.39 Federal Excise Tax
$0.40 Deposited in escrow under MSA for 25 years
$0.70 Retail Sales Tax
$0.20 estimated Income tax from retailer profit
$0.10 estimated Income tax from wholesaler profit
$0.50 estimated Income tax from manufacturer profit
$2.00 estimated Income taxes paid by consumers for the cash used to purchase the damn cigarettes.

Thats over $7 going to taxes from the sale of every pack of cigarettes. The cigarettes themselves cost less than 25 cents to produce and distribute.

These measures are not going to curb minors from smoking. To the contrary, they will want it more because it is deemed illegal and supply is limited. People always want what they can’t have… its the nature of mankind. Gangs are dealing dope and smokes now… Minors are willing to pay a premium to get supply.. street price $1 a smoke.

The US currency isn’t backed by gold anymore, it’s backed by Cigarettes! Entire budgets are made relying solely on cigarette tax revenue.

Lets take a simple look at the reality of economics of this cigarette taxing effect from a consumers perspective:

Buy 10 cartons of smokes in NY for $1000 or Hop on one of the many deals to Cancun Mexico for a one week all inclusive vacation with roundtrip air for $499 and buy 10 cartons of smokes there for $100 and come home with $400 in savings.

I’d much rather go bask in the sun where I can smoke anywhere without restriction or fear of prosecution and be free to exercise my own free will to enjoy my life.

SMOKERS SHOULD RECEIVE A TAX CREDIT

Whether cigarettes shorten ones life is irrelevant… I smoke and if my life is shorter I’ll be damned if I let them tax all of my hard earned money away on top of that while trampling and impeding on my rights to freedom.

In fact, I should get a TAX CREDIT because I am saving the government many years of social security and medicare payouts.

“If you smoke two packs a day you will shorten your life span by eight years. Smoking one to nine cigarettes per day can shorten your life span by four years.” cite

Let the politicians throw out these unsubstantiated stats and let the government accept them as fact for my many years of shortened life. I will gladly agree and accept my tax credits today to be used to buy cigarettes to continue smoking and ultimately save social security, medicare and tax payer’s money. They should put a line on our income tax forms: Cartons purchased x tax credit.. 50 cartons x $100 x = $5000 tax credit

Supreme Justice would be a Powerful Law Firm bringing a Class Action Civil RICO lawsuit on behalf of All Smokers and the Feds putting all of these criminal Racketeers in jail. Utopia would be if the States and IRS pay out damages and restitution in the form of tax credits.

Just a 3 cent rant… and NYC BUTTS was born.