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Find Apartments Full of Untaxed Smokes

Detectives Snuff A Bootlegger

A 33-year-old man has been charged with second-degree trademark counterfeiting and other charges following the seizure of approximately 1,400 cartons of cigarettes, 14,500 counterfeit Virginia tax stamps and $32,000 in cash from two apartments in Flushing.

Queens District Attorney Richard A. Brown identified the defendant as Ricky Lin, 33, of Maple Avenue in Flushing. He was arraigned on Jan. 27 before Queens Criminal Court Judge Stephanie Zaro on a criminal complaint charging him with 14,547 counts of first-degree criminal possession of a forged instrument, one count of criminal possession of forgery devices, one count of seconddegree trademark counterfeiting, 517 counts of third-degree trademark counterfeiting and two violations of the New York State tax law.

Lin, who faces up to 15 years in prison if convicted, was ordered held on $15,000 bail and to return to court tomorrow, Friday, Feb. 10.

“Tobacco bootleggers who illegally bring thousands of untaxed cigarettes from other locations to New York for resale cheat the public by failing to contribute their fair share of the dollars,” Brown said in a statement issued last Tuesday, Jan. 31. “For every dollar or two dollars a store owner or consumer saves by purchasing an untaxed pack of cigarettes, the honest taxpayer becomes the victim by being forced to dip into his or her pocket to pay higher taxes. In today’s case, it is alleged that the defendant was seeking to shortchange New York State and New York City out of approximately $200,000 in tax revenue.”

According to the criminal charges, as part of an ongoing, longterm investigation into the illegal sale of untaxed and counterfeit cigarettes, investigators were in the vicinity of Lin’s Maple Avenue residence on Jan. 26, when they allegedly observed Lin leave the location while wearing a knapsack and pushing a bicycle with an attached basket containing an open plastic shopping bag in which were cartons of cigarettes.

Investigators reportedly recovered 18 cartons of cigarettes from Lin’s knapsack and the bicycle basket, as well as $284 in cash from Lin’s person and keys to his residence and another apartment on Pople Avenue.

In executing two court-authorized search warrants that day, it was reported, police recovered 3,945 counterfeit Virginia tax stamps from the Pople apartment and 1,397 cartons of cigarettes, 10,602 counterfeit Virginia tax stamps and approximately $32,000 in cash from Lin’s residence. Also allegedly recovered from Lin’s residence were assorted papers which appeared to be records of orders, sales and customers.

Brown said that all cigarette packages sold in New York City must bear a joint New York City/New York State tax stamp and only a licensed stamping agent can possess untaxed cigarettes and affix the tax stamp on the packages.

The arrests are the latest results brought about by the District Attorney’s Crimes Against Revenue Unit. To date, more than four million untaxed cigarettes have been seized, forfeited, and surrendered.

Brown thanked the New York State Department of Taxation and Finance, specifically Investigator Alex Schwartzman, of its Investigations Division, Investigator Dominick Di- Gennaro, of Allegiance Protection Group, Inc., and theAltria Group, the parent company of Phillip Morris USA.

The investigation was conducted by Det. James Monaco of the NYPD Queens District Attorney’s Squad under the supervision of Sgt. Francis Teran, Lt. Keith Gallagher and Capt. John M. Zanfardino, and the overall supervision of Chief Louis M. Croce, Jr. and Chief of Detectives Phil T. Pulaski.

Assistant District Attorneys Andrew H. Kaufman, chief of the Crimes Against Revenue Unit, and Michael-Sean Spence will be prosecuting the case under the supervision of Assistant District Attorneys Anthony M. Communiello, bureau chief of the District Attorney’s Special Proceedings Bureau, and OscarW. Ruiz, deputy bureau chief, and the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for Investigations Linda M. Cantoni.

It was noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.