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South Florida Tobacco Importer Sentenced to Seven Years in Prison for Violating Probation and Failing to Pay Over $13 Million in Federal Excise Taxes

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Gitano Pierre Bryant, Jr., 56, of Palmetto Bay, was sentenced today to a consecutive term of 48 months’ imprisonment, by U.S. District Judge Cecilia M. Altonaga, for fraudulently evading $13 million in Federal taxes on imported cigars. Bryant, who was on probation at the time of the offense, was previously sentenced to 36 months’ imprisonment, by Chief U.S. District Judge K. Michael Moore, for violating the terms of his probation.

 

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Tom Crone, Assistant Administrator for Field Operations, Alcohol and Tobacco Tax and Trade Bureau (TTB), and Thomas J. Holloman, Interim Special Agent in Charge, IRS Criminal Investigation (IRS-CI), Washington D.C. Field Office, made the announcement.

 

Bryant previously pled guilty to one count of mail fraud, in violation of Title 18, United States Code, Section 1341. According to court documents, Bryant unlawfully enriched himself by evading Federal Tobacco Excise Tax properly due and owing on imported cigars. According to court documents, Bryant lied about the price he paid for the cigars and the price for which he sold them.

 

According to the court record, including the factual proffer supporting his guilty plea, Bryant was the owner of Havana ’59 Cigar Company (“Havana 59”). Between 2008 and 2014, Havana 59 was a licensed importer of tobacco products, including cigars. Bryant consistently underpaid the Federal Tobacco Excise Tax due on imported cigars and, in an attempt to cover up the scheme, altered documents to conceal the price he paid for foreign-made cigars. Bryant continued to underpay taxes on imported cigars after May of 2015, when he was convicted and placed on Federal probation for evading Federal Tobacco Excise Tax due on cigarettes. Between January of 2012 and June of 2016, Bryant evaded over $13 million in Federal Tobacco Excise Tax.

 

In addition to the imposed prison sentence, Bryant was also ordered to pay over $9 million in restitution to U.S. Customs and Border Protection—the agency tasked with collecting excise tax on imported tobacco products.

 

Mr. Ferrer commended the investigative efforts of the TTB and IRS-CI. The case was prosecuted by Assistant United States Attorney Christopher B. Browne.

 

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.


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