Tag Archives: Contraband Cigarette Trafficking Act

Materials in PACT Act & CCTA Claim in New York

Here are the materials in State of New York v. King Mountain Tobacco Co. (E.D. N.Y.): 142-5 Delbert Wheeler Motion to Dismiss 143 New York Response 147 New York Response 149 Delbert Wheeler Reply 151 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , | Leave a comment

Federal Court Orders Individual Defendant to Pay $475K Civil Penalty in City of New York v. Golden Feather

Here is the order: DCT Order on Civil Penalty Prior materials here, here, and here.  

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , , , , | Leave a comment

Federal Indictment of 18 Individuals for Smuggling Smokes to Seneca Cayuga Tobacco, Ho-Chunk Inc., Etc.

Here is the indictment in United States v. Sheffler (W.D. Mo.): Sheffler Indictment News coverage here.

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Corrected Opinion in City of New York v. Golden Feather

Here: Corrected DCT Order Prior post here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , , , , | 1 Comment

Federal Court Enjoins Seneca Member-Owned “All Of Our Butts” from Selling Smokes in New York City

Here are the materials in City of New York v. Gordon (S.D. N.Y.): DCT Order Granting Injunction City Motion for PI Gordon Motion to Dismiss An excerpt: Plaintiff, the City of New York (“the City”), brought this action seeking injunctive … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , , , , , , , | 2 Comments

Federal Court Finds Unkechauge Reservation Smoke Shops Liable for Violations of Federal Law in City of New York v. Golden Feather Smoke Shop

Here are the materials: DCT Memorandum & Order NYC Motion Remaining Defendants’ Cross-Motion An excerpt: For the reasons below, the Court grants the City summary judgment as to defendants’ liability under the CCTA and the CMSA. With respect to relief, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, economic development, Research, taxation | Tagged , , , , , , | 4 Comments

Federal Magistrate Recommends Denial of Motion to Dismiss Tobacco Trafficking Charge arising in Indian Country

Here are the materials so far in United States v. Nappi (W.D. N.Y.): Nappi Motion to Dismiss Federal Response Magistrate R&R in US v Nappi

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Swinomish-Licensed Smokes Sellers Prevail (In Part) in the Ninth Circuit on CCTA Charges

Here are the materials in United States v. Wilbur: CA9 Opinion (per Judge W. Fletcher, with partial dissent by Judge Rawlinson) Wilbur Opening Brief Federal Answering Brief Wilbur Reply Brief An excerpt: For the reasons that follow, we agree with … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, taxation, Tribal Codes | Tagged , , , | Leave a comment

United States v. Montour Indictment Dismissal Motions Denied

Here are (some of) the materials in this Contraband Cigarette Trafficking Act prosecution: DCT Montour Order Motion to Dismiss Counts 7-16 Vagueness Motion Kenneth Hill and Peter Montour Motions to Dismiss

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , | 1 Comment

US v. Fiander — CA9 Reverses Dismissal of RICO Claims against Yakama Member

The Ninth Circuit held in U.S. v. Fiander that a Yakama tribal member who cannot be convicted of violating the Contraband Cigarette Trafficking Act because of the “right to travel” provision of the Yakama treaty can still be prosecuted for … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, taxation, treaty rights | Tagged , , , , , | 1 Comment