BY KEITH LACEY
A Chelmsford man caught selling illegal cigarettes from his home was given a $36,000 fine Wednesday.
Rejean Devost, 58, a retired miner, pleaded guilty to one count of selling unstamped, illegal cigarettes and a second count of possessing illegal tobacco products under the federal Excise Act.
Devost, who is native, was caught selling unbranded or unstamped "native cigarettes" after a brief police sting where officers observed dozens of people going to and from his residence in August of 2005.
Cigarettes sold on native reserves do not have taxes applied to them and for this reason are less expensive. In addition to the fine, Devost must also forfeit $14,000 police found when they raided his home last August, as well as hundreds of cartons of cigarettes.
Federal Crown prosecutor Robert Topp said police couldn't prove how long this commercial operation was being operated.
"It was no secret that in Chelmsford, you could buy unbranded cigarettes from Mr. Devost," said Topp.
It is believed the operation started at least three years ago and was a multi-million dollar business.
Devost paid his $36,000 fine with a certified cheque minutes after pleading guilty.
Court heard Revenue Canada also ordered Devost to pay a heavy fine, the amount which was not revealed in court, for undeclared income, and again he was able to pay the fine almost immediately.
Police received information about an unusual amount of traffic going to and from a Chelmsford residence and the RCMP conducted surveillance.
"There was enormous amount of foot traffic and vehicle traffic," said Topp. "People would come carrying nothing and leave with white plastic bags."
A search warrant was executed Aug. 26, 2005, and police found hundreds of cartons of illegal cigarettes in various sizes and strengths and more than $14,000 in cash, said Topp.
Police also found a notebook containing a list of names, phone numbers and dollar figures.
Devost and his wife enjoyed numerous trips to Las Vegas. Such trips were not likely affordable on a miner's pension, he said.
"It was all propelled by the selling of illegal cigarettes," he said.
Defence counsel Denis Michel said his client is not contesting any of the information presented in court and is fully aware what he was doing was illegal.
Devost, who had no previous criminal record, made a stupid decision and "unfortunately became embroiled" in selling smokes illegally, said Michel.
The heavy fine his client paid to Revenue Canada and $50,000 hit imposed by the court does send a strong message to his client and the public there will be a serious price to pay if they get involved in this kind of activity, said Michel.
Topp said the heavy fines should send a stern message police and the criminal justice system will pursue and catch those people who sell cigarettes illegally.
"This is the minimum fine that should be accepted in an operation of this kind," he said.
Justice William Fitzgerald agreed and said he "wanted to make is particularly clear" the $50,000 fine was only accepted because this is the first time Devost has been in trouble with the law.
Selling cigarettes like Devost did from his own home "preys upon the addictions of others for personal, selfish gain" and he warned Devost the punishment will be much harsher if he commits the same crime again.
