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HavanaJournal.com: Cuba Politics

February 2008 OFAC Civil Penalty Notices for US Embargo Cuba violations

Posted February 25, 2008 by publisher in Cuba Politics.
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DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL ENFORCEMENT INFORMATION FOR FEBRUARY 2008

ENTITIES - 31 CFR 501.805 (d)(1)(i)

ENFORCEMENT INFORMATION FOR February 1, 2008

BankAtlantic Settles Cuban Embargo Program Allegations:

BankAtlantic, Fort Lauderdale, FL has remitted $7,500 to settle allegations of possible violations of the Cuban Assets Control Regulations occurring in July 2004. OFAC alleged that BankAtlantic failed to block a payment in which the Government of Cuba had an interest. BankAtlantic has cooperated with OFAC’s investigation and has implemented corrective measures and improvements to its OFAC compliance program. BankAtlantic voluntarily disclosed this matter to OFAC.

RMO Inc. Assessed a Penalty for Violating the Cuban Assets Control Regulations:

RMO, Inc., Denver, CO has been assessed a $941 civil monetary for its violation of the Cuban Assets Control Regulations occurring on or about June 22, 2005. OFAC alleged that RMO, Inc. dealt in property in which a Cuba or a Cuban national had an interest by initiating a funds transfer involving travel to Cuba. RMO, Inc. did not voluntarily disclose this matter to OFAC. For a copy of OFAC’s Penalty Notice issued to RMO, Inc., please visit the following url: http://www.treas.gov/offices/enforcement/ofac/civpen/penalties/RMOpn.pdf

INDIVIDUALS – 31 CFR 501.805(d)(1)(ii)

One individual has agreed to a settlement totaling $2,127.45 for allegedly dealing in property in which Cuba or a Cuban national had an interest: In February 2005, one individual allegedly purchased Cuban-origin cigars offered for sale on the Internet. The individual did not voluntarily disclose this matter to OFAC.

One individual has agreed to a settlement totaling $1,000 for travel-related transactions incident to travel to Cuba: In February 2005, the individual allegedly engaged in travel-related transactions involving Cuba, including the receipt of and payment for goods and services. The individual traveled to and from Cuba through third countries. The individual did not voluntarily disclose this matter to OFAC.

One individual has agreed to a settlement totaling $456.95 for allegedly dealing in property in which Cuba or a Cuban national had an interest: In December 2004 and March 2005, the individual allegedly purchased Cuban-origin cigars offered for sale on the Internet. The individual did not voluntarily disclose this matter to OFAC.

One individual has agreed to a settlement totaling $5,213.42 for allegedly dealing in property in which Cuba or a Cuban national had an interest: Between November 2004 and July 2006, the individual allegedly purchased Cuban-origin cigars offered for sale on the Internet. The individual did not voluntarily disclose this matter to OFAC.

One individual has agreed to a settlement totaling $358.15 for allegedly dealing in property in which Cuba or a Cuban national had an interest: In December 2004 and January 2005, the individual allegedly purchased Cuban-origin cigars offered for sale on the Internet. The individual did not voluntarily disclose this matter to OFAC.

One individual has agreed to a settlement totaling $1,082.90 for allegedly dealing in property in which Cuba or a Cuban national had an interest: In January 2004, March 2004 and April 2004, the individual allegedly purchased Cuban-origin cigars offered for sale on the Internet. The individual did not voluntarily disclose this matter to OFAC

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Legal Note:

Information concerning the civil penalty process is discussed in OFAC regulations governing the various sanctions programs or, in the case of sanctions regulations issued pursuant to the Trading with the Enemy Act, in 31 CFR part 501. Civil penalty procedures are also discussed in OFAC’s proposed Enforcement Guidelines, 68 FR 4422 - 4429 (January 29, 2003).

Read the Cuba Sanctions page from the US Treasury’s Office of Foreign Assets Control.

READ THE ENTIRE REPORT HERE

Member Comments

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On February 25, 2008, bernie wrote:

Five incidents listed concerning the purchase of cuban cigars,
The fines ranging from $358.15 to $5,213.42 ????????????
What kind of justice is the Justice Department meting out?????
Doesn’t living in a Democracy deem that everybody should be
treated equal .  This looks like it is nothing but a shake-down
of individuals of who can pay and who can’t pay????

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On February 25, 2008, publisher wrote:

Fines probably depend on number of violations and dollar amount of purchase but fines are “negotiable” from what I have read.

All this after you self-incriminate yourself by replying to an OFAC request for more information.

A shameful policy against American freedoms.

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On February 26, 2008, Cubana wrote:

When are you americans ever going to join the real world? None of these transactions are illegal in any other country. For heaven’s sake elect a president that will get rid of your illegal embargo!

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On February 27, 2008, manfredz wrote:

when you look how long ago these violations took place and how small the fines are, it must appear that the government is spending $10.- to recover $1.00

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On May 29, 2008, publisher wrote:

We just posted the May 2008 OFAC civil penalties report showing nearly $9000 in fines just for buying Cuban cigars over the internet.

Also, be sure to read our OFAC category here at the Havana Journal.