03 July 2017

Fraud: Shakib v. Customs

Three years and four months imprisonment for a $313,000 customs fraud by Amar Raouf Shakib was confirmed following an appeal to the High Court.  Return of tobacco impounded by Customs was denied.
For just over four years, Shakib ran a double-invoicing scam to reduce the dutiable value of flavoured tobacco imported from the Middle East by his company Ormat Ltd.  Full details of the scam were unearthed with documents and emails seized under search warrant.  In league with his suppliers, lower value invoices for duty assessment were included in packing slips on deliveries crossing the border with invoices stating the higher price for actual payment sent separately.
Justice Gordon said the offending was deliberate and persistent, involving fifteen separate importations over four and half years.  Shakib asked for the return of impounded tobacco.  After becoming aware of Custom’s investigation, he paid in full all duties owing of some $313,000.  The Customs and Excise Act does permit the return of impounded goods.  Where the importer is a company, investors behind the company can seek a return though technically they do not own the goods.  Restoration is considered to be the exception not the rule, Justice Gordon said.  Shakib engaged in a deliberate and prolonged course of deceit, knowing his conduct to be illegal.  Seizure of the goods is unfortunate for Shakib, but was an entirely predictable outcome of his offending, she said.
Shakib v. Customs – High Court (3.07.17)

17.077