Counterfeit ISOM Question…story time…

SmokySuit

So I was at a party last night full of my wife’s friends. I went out to have a cigar and started talking to come of the guys smoking cigs. One of them had just gotten back from the Dominican Republic and told me about some cigars he got there. He said they were Cuban Cohibas; he got a box of them wail there and smuggled them back. He said it was a dumb thing to do because he doesn’t smoke cigars and he only got them because of the novelty associated with Cuban cigars. He offered to give them to my wife at work on Monday so I could have them since he doesn’t have a humidor and won’t smoke them anyway. He showed me some pictures of them he took on his phone; they weren’t any Cohiba band I’d ever seen…it was very long, that did not appear to have the rased imprint, and the cigars were very dark in color. The box said they were vanilla flavored. I’ve never heard of Cuban Cohibas selling an infused line. I’m assuming they are fake, but I said if he really didn't want them I'd be glad to take them off his hands. Does anyone know if Cuban Cohibas sell any vanilla flavored cigars??

zeebra

Vanilla flavored Cohibas.......where??????????? lol

Fake

Diamondog

these are definately fake lol

SmokySuit

Haha, thanks for the info! I thought they were fake. I kinda hope he forgets to give them to her....not much of a flavored cigar smoker...lol these will be up for trade if I get them...interested??? lol

smokeater187

well the guy im sure meant well but hopefully he didn't spend a arm and a leg for em lol

SmokySuit

Yea I'm sure he did. He said he bought them on wim when he saw them just for the novelty. He said he smoked a few but it wasn't for him, he smuggled them back and now they just sit is a drawer collecting dust. I'm assuming he didn't spend much...if he did he wouldn't be so willing to part with them for nothing. I offered to give him some money ofter I saw them, but he said he didn't want anything for them.

docbp87

Yeahhh... fake Cohibas have been known to contain hair, newspaper, poop, and other, less savory ingredients. I would stay away.

smokeater187

ewww grooss what a disgrace

ellinas

fake.

gmill880

docbp87:

Yeahhh... fake Cohibas have been known to contain hair, newspaper, poop, and other, less savory ingredients. I would stay away.

Damn doc whats less savory than POOP !!!

Diamondog

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

gmill880

Diamondog:

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

Oh man thats just wrong ... but could probably happen the way the world is now ...

JCizzle

Faker than a Brittany Spears recording.

SmokySuit

Diamondog:

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

Hahahaha! That's fantastic!

Sandman1am

SmokySuit:

Diamondog:

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

Hahahaha! That's fantastic!

These are def. not real Cohiba's. On the other hand that would mean that they are prob. not Cuban made cigars. With that even if there was intent to smuggel Cuban made cigars into the US there was really no law that was broken so he could not have been prosecuted for such if they were not Cubans. What he could have been guilty of was not claiming cigars at the border which can be taxed if he has x amount.

I can compare it to the guy that goes down to the corner and tries to buy Marijuana. He gets oregano (sp). An hour or so later he gets stopped by the police and they find the oregano. He is only guilty of not knowing what Marijuana looks like. He really has committed no crime and can not be prosecuted for it. Hope that makes sense.

lilwing88

Sandman1am:

SmokySuit:

Diamondog:

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

Hahahaha! That's fantastic!

These are def. not real Cohiba's. On the other hand that would mean that they are prob. not Cuban made cigars. With that even if there was intent to smuggel Cuban made cigars into the US there was really no law that was broken so he could not have been prosecuted for such if they were not Cubans. What he could have been guilty of was not claiming cigars at the border which can be taxed if he has x amount.

I can compare it to the guy that goes down to the corner and tries to buy Marijuana. He gets oregano (sp). An hour or so later he gets stopped by the police and they find the oregano. He is only guilty of not knowing what Marijuana looks like. He really has committed no crime and can not be prosecuted for it. Hope that makes sense.

If I were still a shady tact guy, I'd arrest the oregano offender still on "suspect" marijuana.... let the crime lab tell me it's only oregano! LOL! A head's a head!

Diamondog

Sandman1am:

SmokySuit:

Diamondog:

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

Hahahaha! That's fantastic!

These are def. not real Cohiba's. On the other hand that would mean that they are prob. not Cuban made cigars. With that even if there was intent to smuggel Cuban made cigars into the US there was really no law that was broken so he could not have been prosecuted for such if they were not Cubans. What he could have been guilty of was not claiming cigars at the border which can be taxed if he has x amount.

I can compare it to the guy that goes down to the corner and tries to buy Marijuana. He gets oregano (sp). An hour or so later he gets stopped by the police and they find the oregano. He is only guilty of not knowing what Marijuana looks like. He really has committed no crime and can not be prosecuted for it. Hope that makes sense.

Not sure on US law but I believe I have heard stories of people being prosecuted for crimes (however unlikely for a small time thing as this) for thinking that they are breaking the law and following through with the act, in this case the person thought they were Cuban and knowingly tried to bring them in to the US, the fact they they are fake is irrelevant...Aren't you a police officer? lol I guess you'd know better than me, so I'll shut up lol

cooch36

Diamondog:

Sandman1am:

SmokySuit:

Diamondog:

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

Hahahaha! That's fantastic!

These are def. not real Cohiba's. On the other hand that would mean that they are prob. not Cuban made cigars. With that even if there was intent to smuggel Cuban made cigars into the US there was really no law that was broken so he could not have been prosecuted for such if they were not Cubans. What he could have been guilty of was not claiming cigars at the border which can be taxed if he has x amount.

I can compare it to the guy that goes down to the corner and tries to buy Marijuana. He gets oregano (sp). An hour or so later he gets stopped by the police and they find the oregano. He is only guilty of not knowing what Marijuana looks like. He really has committed no crime and can not be prosecuted for it. Hope that makes sense.

Not sure on US law but I believe I have heard stories of people being prosecuted for crimes (however unlikely for a small time thing as this) for thinking that they are breaking the law and following through with the act, in this case the person thought they were Cuban and knowingly tried to bring them in to the US, the fact they they are fake is irrelevant...Aren't you a police officer? lol I guess you'd know better than me, so I'll shut up lol

I was under the same impression

Sandman1am

lilwing88:

Sandman1am:

SmokySuit:

Diamondog:

What would have been real interesting to this would have been if he had got caught smuggeling fake cubans in to the US and prosecuted for the intent lol

Hahahaha! That's fantastic!

These are def. not real Cohiba's. On the other hand that would mean that they are prob. not Cuban made cigars. With that even if there was intent to smuggel Cuban made cigars into the US there was really no law that was broken so he could not have been prosecuted for such if they were not Cubans. What he could have been guilty of was not claiming cigars at the border which can be taxed if he has x amount.

I can compare it to the guy that goes down to the corner and tries to buy Marijuana. He gets oregano (sp). An hour or so later he gets stopped by the police and they find the oregano. He is only guilty of not knowing what Marijuana looks like. He really has committed no crime and can not be prosecuted for it. Hope that makes sense.

If I were still a shady tact guy, I'd arrest the oregano offender still on "suspect" marijuana.... let the crime lab tell me it's only oregano! LOL! A head's a head!

Been a while since you were a tact guy huh Marty? You now have to field test the MJ like you would with other Narcotics to make an arrest. Otherwise they just walk but you can still send it in and seek the warrant.

To answer DD Intent is only part of the crime in this case. There is no law against intending to buy CC and get them across the border. Once the act has occurred then you have a crime. This is different say if you were planning on murdering someone or acts of terrorism. This would then fall under the conspiracy and other laws that pertain to murder and terrorism etc. I'm sure this is clear as mud but that is the law for you.

doromath

Intent is a whole can of worms that I'm thankful most judges squash for anything but murder and treason, etc.

If someone can be convicted of smuggling Cuban cigars when the fakes are actually of non-Cuban origin, it's no different than being able to convict someone for something that's perfectly legal if you can prove they THOUGHT it was illegal at the time.

And that's downright Orwellian (glad we're not there yet...)

zoom6zoom

Good thing the Catholic Church isn't running Customs.... intent is all it takes to commit a sin, not the act itself. (can't find the George Carlin link at the moment).