U.S. Code » Title 18 » PART I— CRIMES › CHAPTER 114— TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO

18 U.S.C. § 2344

Penalties

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(a) Whoever knowingly violates section 2342(a) of this title shall be fined under this title or imprisoned not more than five years, or both.(b) Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section 2342(b) of this title shall be fined under this title or imprisoned not more than three years, or both.(c) Any contraband cigarettes or contraband smokeless tobacco involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either—(1) destroyed and not resold; or(2) used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.(Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (S), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 109–177, title I, § 121(b)(4), (d), Mar. 9, 2006, 120 Stat. 222, 223.)Editorial NotesAmendments

2006—Subsec. (c). Pub. L. 109–177 inserted “or contraband smokeless tobacco” after “contraband cigarettes”, substituted “seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either—” for “seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of such Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.”, and added pars. (1) and (2).

1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(S), substituted “fined under this title” for “fined not more than $100,000”.

Subsec. (b). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”.

1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1981–2022 · leading case: New York v. United Parcel Serv., Inc., 253 F. Supp. 3d 583 (S.D.N.Y. 2017).
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New York v. United Parcel Serv., Inc., 253 F. Supp. 3d 583 (S.D.N.Y. 2017). · cites it 2× “” 147 18 U.S.C. § 2344 . The statute does not define the amount of any such fine, but in assessing the amount of any fine, the Court is mindful of the proportionality limitations set forth in Bajakajian as well as the other penalties already imposed.”
United States v. Antonio Farias, 836 F.3d 1315 (11th Cir. 2016). “2009), regardless of whether the government attempted to seize the cigarettes involved in the sting operation, pursuant to 18 U.S.C. § 2344 (c). Accordingly, we affirm Farias’s conviction for conspiracy and the district court’s order that he forfeit $331,426.”
Ho-Chunk, Inc. v. Sessions, 253 F. Supp. 3d 303 (D.D.C. 2017). “18 U.S.C. § 2344 (a)-(c). As previously discussed, however, see supra section I.”
United States v. Haitham Mohamed, 759 F.3d 798 (7th Cir. 2014). “See 18 U.S.C. § 2344 (b). We make no comment on whether the government’s evidence at trial would have been sufficient to convict Mr.”
United States v. Joseph Legrano, 659 F.2d 17 (4th Cir. 1981). “18 U.S.C. § 2344 (a). Legrano’s two concurrent five-year prison sentences are well within the statutory limit.”
City of New York v. Gordon, 1 F. Supp. 3d 94 (S.D.N.Y. 2013). “Com/pare 18 U.S.C. § 2344 (providing for criminal punishment of anyone who knowingly violates the CCTA, without limitation), with id.”
United States v. Smiskin, 487 F.3d 1260 (9th Cir. 2007). “See 18 U.S.C. §§ 2344 (a), 3571(3). As a practical matter, we fail to see how this criminal penalty would impede less on the Yakamas’ right to travel than the minimal fines at issue in Cree II.”
Grey Poplars Inc. v. One Million Three Hundred Seventy-One Thousand One Hundred (1,371,100) Assorted Brands of Cigarettes, 282 F.3d 1175 (9th Cir. 2002). “The United States filed a civil forfeiture action, pursuant to 18 U.S.C. § 2344 (c), against the cigarettes.”
United States v. 4,432 Mastercases of Cigarettes, 448 F.3d 1168 (9th Cir. 2006). “Compare 18 U.S.C. § 2344 (a), (b) (requiring “knowing” violations to trigger _ criminal punishments), with id.”
Kishchenko v. United States, No. 4:19-cv-00922 (E.D. Mo. Aug. 31, 2022). · cites it 2× “§ 2342 (a) and 18 U.S.C. § 2344 (a), and conducting financial transactions with the intent to promote and conceal the proceeds of an specified unlawful activity, all in violation of 18 U.”
United States v. 109,980.00, More or Less, 546 F. Supp. 2d 425 (W.D. Tex. 2008). · cites it 2× “18 U.S.C. § 2344 (c) provides that the provisions of 18 U.”
United States v. Deych, 250 F. Supp. 3d 362 (E.D. Mo. 2017). “§ 2342 identifies certain unlawful acts related to trafficking in contraband cigarettes, and 18 U.S.C. § 2344 (a) specifies the penalties for violating § 2342.”
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