Judge tosses out federal charges in Gary Hall tobacco case

In Witcha, Kansas a federal judge threw out an indictment against Gary Hall a Kansas tobacco wholesaler and business associates who were charged with trying to avoid paying $25 million in cigarette taxes to the state of Oklahoma and Indian tribes. U.S. District Judge Monti Belot had ruled out the defendant’s indictment because the case against them was unconstitutionally vague and should be dismissed. Belot stated the government’s case was based on the government’s opinion and not by federal for Kansas or Oklahoma statute. The decision clears all charges against Gary Hall, Discount Tobacco Warehouse Inc, and Rebel Industries Inc. Prosecutors could seek another indictment because charges were dismissed without prejudice. They also could appeal Belot’s decision, but the judge strongly discouraged prosecutors from seeking reconsideration. Hall’s companies stamped cigarettes for sale at smoke shops in lower tax rate areas when they actually were sold at shops with higher tax rates. Belot said the cigarettes had tax stamps and records were accurately made and maintained. The investigation started in 2006 after a Kansas Highway Patrol officer had stopped a vehicle in Coffeyville that was allegedly carrying cigarettes worth more than $200,000 without appropriate tax stamps. In May 2007 federal and state agents raided Rebel Industries. Belot ruled out the evidence of Kansas Highway Patrol officer had no reason to suspect the driver of a U-Haul van that was found to be loaded with cigarettes was violating any laws, and the search was illegal. The 43 count indictment filed in October 2008 included charges of conspiracy to divert cigarettes, mail and wire fraud, and record keeping violations of the Cigarette Trafficking Act, interstate transportation in aid of racketeering, transporting contraband cigarettes, conspiracy to commit money laundering, money laundering, and engaging in unlawful monetary transactions.

In my opinion it sounds like Gary Hall paid off the Judge because the judge ruled out most of the evidence against him, which he evidently committed fraud. If this was to be anyone else who doesn’t have money would be prosecuted and sent to prison for life if that person didn’t pay $25 million in cigarette tax. I think by law everyone should be treated equally the same but in this day in age money talks for almost anything.

http://www.joplinglobe.com/local/x1853594621/Judge-tosses-out-federal-charges-in-Gary-Hall-tobacco-case