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Redacted Atif Indictment

Redacted Atif Indictment

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Published by Dan McDermott

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Published by: Dan McDermott on Nov 04, 2011
Copyright:Attribution Non-commercial

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07/10/2013

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IN THEUNITED STATES DISTRICT COURT
FOR
THEWESTERN DISTRICT OF VIRGINIAHARRISONBURG DIVISIONAUGUST 2011 SESSION
rCl.!Rl('I
OFPIOIi!
U,S,
Ollli',
COURT
AT
HAAI'IIIIONIIU~G,
VA
flJUlO
AUG
032011
"
.fULI.Ot
C'D~~:.
_
\
BY:
'
VI·
\
.
DEPUTY
CLERK
UNITED STATES OF AMERICACriminal No.:
2>
:
\
\
C-(ZO
00
ci3
v.'
CHENGZENG
a/k/a "Alex'MOHAMMAD BUTTMUSHTAQ AHMADa/k/a"Tony'
SEALED
Title
18
U.S.C.
§
371
Title
18
U.S.C.
§
2342Title 18 U.S.C.
§
1956a/k/a'Mushtaq Ahmad Kharl'a/k/a"Ahmad Mushtaq'The Grand Jury charges that:
INDICTMENT
COUNT!
(18 U.S.C. § 371)(Conspiracy-Contraband Cigarettes)
1.
From in
or about April 2009, and continuing up to and including the date
of
thisindictment,
in
the Western District
of
Virginia and elsewhere, the defendants,CHENG ZENG,
MOHAMMAD
BUTT,and MUSHTAQ AHMAD, knowingly and willfully conspiredand agreed together and with each other (and with other persons known and unknown tothe Grand Jury) to knowingly ship, transport, receive, possess, sell, distribute and
USAO#:2011R00380
1
 
purchase contraband cigarettes, as that term is defmed in Title 18, United States Code,Section 2341, to wit: a quantity
of
more than 10,000 cigarettes which bore
no
evidence
of
the payment
of
applicable State cigarette taxes, in violation
of
18
U.S.C.
§
2342(a).
INTRODUCTION
2. Title
18,
United States Code, Section 2342(1) defines contraband cigarette trafficking andstates,
"It
shall be unlawful for any person knowingly to ship, transport, receive, possess,sell, distribute, or purchase contraband cigarettes."3. Title 18, United States Code, Section 2341(2) defines "contraband cigarettes," as"aquantity in excess
of
10,000 cigarettes, which bear no evidence
of
the payment
of
applicable State or local cigarette taxes in the State or locality where the cigarettes arefound,
if
the State or local government requires a stamp, impression, or other indicationto be placed on packages or other containers
of
cigarettes to evidence payment
of
cigarette taxes, and which are in the possession
of
any person other than:"
a.
A person holding a permit issued pursuant to chapter 52
of
the Internal RevenueCode
of
1986 as a manufacturer
of
tobacco products or as an export warehouseproprietor, or a person operating a customs bonded warehouse pursuant to section311 or 555
of
the Tariff Act
of
1930 (19 U.S.C. 1311 or 1555) or an agent
of
suchperson;b. A common or contract carrier transporting the cigarettes involved under a properbill
of
lading or freight bill which states the quantity, source, and destination
of
such cigarettes;
c.
A
person-
. 1.
who is licensed or otherwise authorized
by
the State where the cigarettes
USAO#:201IR00380
2
 
are found to account for and pay cigarette taxes imposed by such State;and
11.
who has complied with the accounting and payment requirements relatingto such license or authorization
with
respect to the cigarettes involved; or
d.
An
officer, employee, or other agent
of
he United States or a State, or anydepartment, agency, or instrumentality
of
the United States or a State (includingany political subdivision
of
a State) having possession
of
such cigarettes
in
connection with the performance
of
official duties.4. Virginia Code
§
58.1-1001 states that:
A.
Except as provided
in
subsection B,
in
addition to all other taxes now imposed
by
law, every person within this Commonwealth who sells, stores or receives cigarettesmade
of
tobacco
or
any substitute thereof, for the purpose
of
distribution
to
any personwithin this Commonwealth, shall pay to this Commonwealth
an
excise tax
of
one andone-quarter mills
on
each such cigarette sold, stored
or
received before August
1,
2004;an excise
tax
of
one
cent on each such cigarette sold, stored or received
on
and afterAugust 1, 2004,
through
midnight
on
June 30, 2005; and
an
excise tax
of
1.5 cents
on
each such cigarette sold, stored or received
on
and
after July
1,
2005.
B.
In
addition to all other taxes
now
imposed
by
law, every person within theCommonwealth who sells, stores, or receives roll-your-own tobacco, for the purpose
of
distribution
within
the Commonwealth, shall
pay
to the Commonwealth a cigarette excise
tax
at the rate
of
10%
of
the manufacturer's sales price
of
such roll-your-own tobacco.
5.
Virginia
Code
§
58.1-1003 states that:
A.
Except as otherwise specifically provided pursuant
to
§
58.1-1003.2, the taxes
USAO#:20lJR00380
3

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