I got a letter

[GuyMcBeerdrinker]

for a humidor and s.t. dupont lighter I purchased overseas. anyone else draw a winning number in this shittyass lottery?

 

[Legends of the Playground]

When did you buy the humidor and lighter? And was it the one telling you not to do it again or asking for more info about them?

 

[GuyMcBeerdrinker]

I spent about 5 minutes browsing vcc. it is the one commonly known as the "bad" one. the humidor and lighter bought dec. 23rd (xmas present), march-ish...for st. patty's day.

the letter was sent certified mail, but I never signed for it. I don't remember the postmark date but the letter was dated dec. 8th or about.

 

[Mikes]

OHHH NOOOOOO! Merry Fuckin Christmas huh :0(.

I am keeping my fingers crossed and hope for the best for you bro. Please let us know what if anything your council tells you do in regards to the follow up response you are supposed to send out.

mikes

 

[GuyMcBeerdrinker]

I'll scan the letter and post it here. does anyone know how people are responding to these?

 

[Legends of the Playground]

It looks like people are responding with "I have no recollection of those events."

Was this a purchase from CoH or FCC?

 

[GuyMcBeerdrinker]

is that under the advise of an attorney? I have checked one account which does not have a record of the alleged transactions.

early next I'll begin to gather information starting with taking multiple pictures of the lighter and humidor.

 

[Legends of the Playground]

Jorge, this reply is going to be all over the place...

Here are some different entities that have been recommended:
www.ccr-ny.org/v2/home.asp
www.nlg.org/

"A lawyer I spoke to who has been involved in representing people regarding similar letters on Cuban travel says that in the vast majoritiy of cases, people who responded by asserting their Fifth Amendment rights have heard nothing more from OFAC. Those who are seeking "closure" with a positive result are unlikely to get it, in my opinion."

I don't think I would assert 5th amendment rights. That seems like it would throw up a red flag for them. I think I would reply that I have no records available to verify said transactions and have no recollection of said transactions.

There was a mention of a person's file/ssn/name being in the ICE system now and how that would affect your international travel. I guess we'll find out when you go to Mexico or Venezuela next.

As I've stated elsewhere, I'm not sure the "I respectfully decline to respond" line is a good one. I think there's a possibility that it could be interpreted as a failure to respond, which is punishable by substantial civil fines. Personally, I'd be slightly more comfortable saying something along the lines of "I have no documents responsive to your request" and then maybe mention your refusal to incriminate yourself on fifth amendment grounds.

Touchy subject. If you get one of the letters, talk to a lawyer who knows something about this area of law (this post isn't legal advice and doesn't count and I don't know jack, by the way). Don't rely on anything you read on the internet--this is a complicated area and there's too much at stake.

That's from over on Club Stogie. I agree with this entirely. I think "declining to reply" is dangerous.

Once you find a lawyer, let us know who you used. :sadstare:

 

[GuyMcBeerdrinker]

I was just scanning the letter and noticed that the first page is printed on nice, official looking off-white paper and the second page is printed on generic plain white paper.

sorta follows the speculation that they are just merely fishing for people to out themselves. if they were really devoting a major effort into this they would be more careful about this. then again, the signature on the second page is real.

 

[GuyMcBeerdrinker]

here's the scan. I've erased my name, address, and the reference number. I'd rather you not share this with anyone but if you feel like this might help the cause I'd leave that decision up to you. use your best judgement.

 

[GuyMcBeerdrinker]

I'm going to write and print my response tomorrow. I think the post office will be closed tomorrow due to the national day of mourning. it states that I have 20 business days after receipt of the letter to reply. however, since I never signed for it I don't know what it was received...and I certainly read it several day after that date; the holidays sorta screwed up "business days". anyways, I'd rather send it sooner than later.

 

[Mikes]

So….got a Prepenalty Notice from the Feds on Saturday. In a nutshell:

"We have reason to believe that you engaged in certain transactions…"

"You are hereby notified that OFAC intends to issue a claim against you for a civil monetary penalty of $1,170.00."

"You have the right to make a written presentation as to why you believe there should be no findings of violation(s) or why, If you admit to violation(s), a civil monetary penalty should not be imposed or should be a lesser amount than the proposed in this Prepenalty Notice."

(I think I'm going to plead financial hardship. Send em a copy of my bank account, which shows nothing right now! Lol.)

They'll look at my written response and determine whether to issue a Penalty Notice.

"The Penalty Notice will state the final penalty amount, which may be lower than the amount proposed in this Prepenalty Notice based on mitigating factors, and will inform you of your right to submit, within 30 days of service of the Penalty Notice, a written request for an administrative hearing on this matter. If you do not request an administrative hearing within 30 days…the final penalty amount will be imposed on you."


"…this matter may be referred to the United States Department of Justice for collection if the final penalty amount is not paid within 30 days…"
Fun fun fun. Gotta think up something good!

http://www.internationalcigarclub.com/forums/showthread.php?t=4547

I believe this guy acted like he didnt get the letter and did not send anything in, and this is what he got next! Man oh man this is turning into a big shitstorm alright.

Please keep us updated J.

 

[GuyMcBeerdrinker]

mike,

can you tell what what was the date of his letter? I do not have access to that board

my plan is to reply. no way I'm going to ignore this.

the post office is closed today. I still haven't writted my reply as it shouldn't take me more than 10 minutes to put together since it will be short and to the point. along the lines of:

Pursuant to the Fifth Amendment of the United States Constitution, I am invoking my right against self-incrimination. Subject to the same, I do not recall receiving any packages on the dates specified and a review of the limited records on hand reveals no transactions corresponding to the dates.

what do you guys think? I'm a little uneasy about including the fifth part as that may throw up flags. but an attorney friend of mine suggested that I include that.

 

[Mikes]

J.

I am not sure of the other posters time line re the letter recipt. If I were you bro I would go ahead and pay the attorney friend of yours to draft the letter for you. Imo it would look more pro style and maybe that you (aren't an easy target) since it would be on paper with his letterhead etc.

Again keep us up to date please as your info may help others in this room at a later date.

buenos suerte'
mike

 

[Legends of the Playground]

I do not recall receiving any packages on the dates specified and a review of the limited records on hand reveals no transactions corresponding to the dates.

If I get a letter, that's what I'm saying. No fifth amendment stuff.

 

[williegstyles]

Damn that...I'm using the Fifth Amendmant....Plus I'm going to throw the race card.

 

[GuyMcBeerdrinker]

response sent via certied mail with delivery receipt.

 

[Mikes]

So what did ya end up saying, and was it on your Lawyers Letterhead? Wish you the best of luck J. Did you say it was for lighters, humidors, ashtrays, etc? I would think that if all the feds have is an end amt spent and not an itemized invoice , one could very well say they ordered items from the website that were not products of Cuba and it would be up to the govt to prove otherwise?

They do have humidors listed and I guess one could always say that a DuPont lighter was listed in the past and the $ amts could be finagled to match the amts that the feds have (ie a sale price on any particular non-Cuban item)?

Wonder if they really do have detailed invoices of what was ordered?

 

[GuyMcBeerdrinker]

response:

This letter is in response to your "Requirement to Furnish Information" letter to me, dated December 12, 2006, and received by me December 21, 2006. I have no recollection of the specific transactions and dates for which you have requested information. Furthermore, a review of my records on hand reveals no corresponding transactions.

If I can be of further assistance in this regard, do not hesitate to contact me.

my friend could not use his letterhead without the approval of one of his firm's officers, which would be doubtful. so I went at it solo.

he states that the burden is on them to prove that I received contraband.

 

[Quadry]

This sucks and is just stupid. They are throwing a net out and hoping to catch people. I am so happy I am sitting this one out for quite a while.

Let us know how this works out.