N.Y. Authorities Seek $872 Million Fine Against UPS for Cigarette Shipments
New York city and state authorities urged a federal judge on Nov. 2 to impose a fine of $872 million against UPS Inc. for allegedly delivering untaxed cigarettes from smoke shops on Indian reservations.
The closing arguments came in a lawsuit over whether UPS illegally shipped more than 683,000 cartons of untaxed cigarettes, mostly from reservation smoke shops. The lawsuit is part of a broader effort by the state to combat smuggling of cigarettes from lower-tax areas.
UPS has denied the allegations. It said in a statement the company is "vigorously" fighting the case and believes the state and city are overreaching and attempting to levy "outrageous penalties" without justification.
John Oleske, a lawyer for the state, told U.S. District Judge Katherine Forrest that a stiff penalty was justified because UPS acted with "an entitled sense of disregard" for the law in failing to vet shipments from entities on the reservations with a history of dealing in contraband.
Oleske also argued that a large fine was needed to act as a deterrent for a company that had $4.84 billion in net profit last year.
The state and city have brought a similar lawsuit against UPS rival FedEx Corp. that is pending.
Lawyers for UPS were scheduled to make closing arguments later Nov. 2.
Forrest questioned the state's and city's arguments, including how to reconcile evidence that the bulk of some shipments were cigars instead of cigarettes.
She also asked whether the authorities were not "double-counting" by seeking damages for violations of both a 2005 agreement between the state and UPS governing its compliance with cigarette deliveries and a 2010 law creating new regulations for carriers of cigarettes.
"The law allows for the stacking of all of these penalties for all of these violations," Oleske said, arguing the judge also should appoint a monitor to police UPS' compliance.
"The court should stack and max out all those penalties."
According to the lawsuit, the deliveries to residences, unlicensed wholesalers and unlicensed retailers were made despite a 2005 agreement between UPS and New York in which the company agreed to stop cigarette shipments to consumers and unlicensed dealers.
"They pursue UPS rather than the criminal cigarette traffickers who profit from selling untaxed cigarettes and have relied on convicted felons as the witnesses they called at trial," the company said in a statement.
UPS ranks No. 1 and FedEx No. 2 on the Transport Topics Top 100 list of the largest U.S. and Canadian for-hire carriers.
