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Two dockworkers who smuggled cigarettes from a ship by hiding them in bags of rubbish have been ordered to pay back more than £8,000 or go to jail.
Shane Pilkington, 51, and Colin Lay, 55, both from Sheppey, were caught red-handed with 32,600 Marlboro and L&M cigarettes.
This week, Pilkington, of Sheerness Broadway, was ordered to pay £8,042.13 within three months or face 14 days in jail - and still owe the money.
Lay, from Railway Road, Sheerness, also owes £8,027.58 but because he has few assets was only ordered to pay back £590. Maidstone Crown Court ruled that if he becomes wealthier, HM Revenue and Customs can review what he owes.
Security footage from July 2015 showed Lay receiving five packages thrown to him by crew members on board the MV Chiquita Belgie which was berthed at Sheerness docks.
A month later, Pilkington was seen on camera speaking to a crew member who returned to the ship and placed white sacks into a rubbish skip which Pilkington then moved to a warehouse.
Customs officers raided the warehouse and discovered the white sacks were packed with 32,600 cigarettes.
On February 6, 2017, at Maidstone Crown Court Lay admitted evading £7,866.37 of excise duty in July 2015 and was sentenced to135 hours of unpaid work. Pilkington admitted evading £7,880.63 in August 2015 and was given 100 hours of unpaid work.
The outstanding money, increased to take account of inflation, was ordered to be confiscated.
Nicol Sheppard, assistant director in charge of retrieving the proceeds of crime for HMRC, said: “Our investigations don’t stop at sentencing. It is important we prevent criminals like Pilkington and Lay from profiting from their crimes and recover the money to fund public services.
“We encourage anyone with information about the smuggling, storage or sale of illegal tobacco and cigarettes to report it online or contact our Fraud Hotline on 0800 788 887.”
There is no appeal against jail sentences issued in confiscation orders. If the assets held by a convicted criminal at the time of the order are less than the benefit from the fraud, any future assets can be confiscated up to the fraud value.