Van-Ba Nguyen of Toronto pleaded guilty to four charges of possession of a total of 298,800 unmarked cigarettes in the Ontario Court of Justice in Toronto on January 20, 2011.
On January 28, 2010, Ministry of Revenue investigators conducted surveillance on an individual suspected of purchasing and selling unmarked cigarettes. When investigators detained and searched his vehicle, 29,000 unmarked cigarettes were found and seized. Investigators subsequently executed two search warrants for locations in Toronto, where they found and seized an additional 149,800 unmarked cigarettes. As a result, Nguyen was charged and fined $5,600. He also received 15 days in jail for each of the offences, to be served concurrently. In addition to the fine, Nguyen must also pay $1,400 in Victim's Justice Fund surcharges.
On May 6, 2010, Ministry of Revenue investigators again conducted surveillance on Nguyen. With the assistance of the Ontario Provincial Police, Nguyen's vehicle was stopped in Haldimand County and 120,000 unmarked cigarettes were found and seized. Nguyen was sentenced to 30 days in jail, to be served consecutive to the time imposed for the January 28, 2010 offences. In addition, a 24-month probation order was imposed.
Nguyen had previously been convicted under the Tobacco Tax Act in October 2009. All of the unmarked cigarettes were seized and forfeited to the Ontario government.
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