TheJournal.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more »
Dublin: 8 °C Thursday 23 May, 2013

Garlic importer has jail sentence reduced to two years

A businessman who was found guilty of dodging taxes on more than 1,000 tons of imported Chinese garlic has had his sentence reduced from six to two years.

Image: Niall Carson/PA Wire/Press Association Images

A BUSINESSMAN WHO was found guilty of dodging taxes on more than 1,000 tons of imported Chinese garlic has had his sentence reduced from six to two years.

Today, a three-judge appeals court said the original sentence handed down to Paul Begley was excessive but noted that the tax-avoidance was significant and the crimes were premeditated, RTE News reports.

Begley, 46, of the Blanchardstown-based Begley Brothers, admitted running a scam from 2003 to 2007 in which he instructed his Chinese suppliers to produce false export invoices labelling garlic as apples.

The import duties on apples are just 9 per cent – but are up 232 per cent on garlic.

The fraud allowed Begley to avoid €1.4 million in tax. He has been trying to repay the sum since Dublin Port customs officers discovered the deception in 2007 but still owes €700,000 .

Read: Man given six-year sentence for garlic tax scam

Read next:

Comments (99 Comments)

  • Rightly so! 6 years…what a joke…great news for his family.

    Reply
    • He knowly broke the law, should law breakers be punished?

      Reply
    • Olga
      Perhaps we need to review the deterrents against white collar crime. After all that’s what some of our Bankers were up to and you seem to think its not worthy of a long sentence!

      Reply
    • Like the politicians and bankers of this country who pick pocket the people every day? Anything going to be done about that?

      Reply
    • At least have the courage to show your I.D., or are you just a pathetic little troll?

      Reply
    • If someone robbed €1.4 million from a bank would you still think 6 years was excessive?

      It may be ‘only’ white collar crime, but that money was stolen from the taxpayer just as surely as a bank robber steals money from a bank.

      Reply
    • Indeed Matoid, and two years is just punishment.
      However we do have bigger fish to fry!

      Reply
    • True enough!

      Reply
    • @ Chair man . When you think of this man getting 6 years and the father of Fiona Doyle getting 3 years after raping her once a week for 10 years there is no comparison for the length of the sentence .
      Nobody is suggesting he should not be punished but there needs to be some consistency in the level of sentences handed down !!!!!

      Reply
    • ISBA 15/02/13 #

      White collar crime generally goes unpunished in Ireland. Criminal cartelists steal in excess of €4billion per year from small business and end consumers but despite being criminalised in 1996, no one has done a single day behind bars. Neither has Seanie Fitz or Michael Fingleton or indeed Patrick Neary for that matter.

      Reply
    • Maybe the problem lies with the legal side of this issue. Yes he broke the the law, but is the tax difference not a bit excessive between two members of the same bulbous family to warrant a sentence of six years? A rapist gets six years for wrecking everything to do with their victims life…and the same custodial sentence is passed for somebody who mislabels veg…….

      Reply
    • Totally agree with you Mary

      Reply
    • mattoid 15/02/13 #

      Completely agree we have bigger fish to fry and there is no consistency in sentencing (Fiona Doyle’s father is a good example) however its not as simple as ‘mislabeling veg’, its a deliberate and systematic attempt to defraud the taxpayer of €1.4 million, for which a heavy sentence is fully warranted, as a deterrent if nothing else.

      As I mentioned, if someone robbed a bank or an individual to the tune of €1.4 million people would not find a six year sentence particularly excessive, so why should this fraudster be treated any differently?

      Reply
    • Its time white collar crime was treated just as seriously as any other type of crime.

      Reply
    • Not if you have any connection with s bank

      Reply
    • Anyone jailed yet for wrecking our country ?

      Reply
    • Mattoid, the judge on sentencing was very reluctant to do so, but was obliged. My point is that maybe we have to look at the core in order to solve the problem.

      Reply
    • mattoid 16/02/13 #

      I see your point Steve, but we can’t pick and choose which laws we wish to obey. He might not have agreed with the high tax on garlic but this was a large scale systematic fraud which hit the taxpayer for well over a million quid, and may well have also put his law-abiding competitors out of business.

      Reply
    • mattoid 16/02/13 #

      As someone else on here said, until we cop on and start to treat this type of serious crime for what it is, corruption and fraud will never end in this country.

      Where’s the disincentive to attempt large-scale fraud on the hard pressed taxpayer if the only risk is that if you get caught you have to pay it back??

      Reply
    • Ah Lisa why give him 2 years just let him out now

      Reply
    • There is a huge difference in walking into a bank ( possibly armed ) and stealing 1.4 million and evading the same in taxes. Both are crimes and both either directly or indirectly have victims but the criminal intention is very different. Allow me to put this into perspective with a better analogy.

      A guy does a days work for 100 euro cash thus avoiding about 30 euro in tax. Another guy walks into a shop and holds up the cashier for the 30 euro in the till. Again there is victims but its the intent and is that person a danger to society at large. The tax evader is not a danger to any person the man that walks into a bank and steals in a threatening manner with little regard for harming people who get in his way, is a danger to people and needs to be locked up.

      The white collar crime perp ie: failure to pay taxes , fines , fraud , corruption etc should be punished financially and also by giving his/her time back to the state through free work or community service. Putting him behind bars at a cost of 8,000 a month serves no purpose apart from revenge for the crime.

      Putting people who are a danger to others ie: thieves , drug dealers, drink drivers, rapist, murders etc are a danger to the public and it serves a purpose to segregate them from society.

      Reply
    • Is this not a case of the government robbing importers!?? Come on, paying more on tax than on what he’s importing!! Madness more than doubling the price before it even hits the shelf, and it’s a product that should be encouraged as part of a healthy diet… This fella has already paid back half his debt, it’s not that he was refusing to pay even!!
      The real robbers of this state will never be brought to justice because the whole system is corrupt!

      Reply
    • This whole case stinks and leaves a bad taste in the mouth…

      Reply
    • The ludicrous import duty on garlic meant that the revenue were actually stealing from him..!!
      He still paid duty, – but at a more sensible rate.
      If this man should be in jail, then, there are thousands of politicians, bankers, & greedy pigs who should be in jail before him…

      Reply
    • mattoid 16/02/13 #

      Completely agree there are hundreds of other corrupt banksters and corrupt politicians who should be in jail alongside him but that is not the point.

      Another analogy would be someone who sets up an investment scam to defraud pensioners of their life savings. If he pocketed €1.4 million on the back of this would you still think a heavy sentence was unwarranted?

      The only difference is that here the damage is spread between more victims (the taxpayer, the sick who need state medical services, elderly who’s care hours have been cut etc.), but he deliberately and illegally trousered the money just the same.

      And don’t forget about his law-abiding competitors who may have been forced out of business or forced to make employees redundant as a result of this scam.

      Are there questions that need to be asked about why duty on garlic is so high? Yes, but the government is not ‘stealing’ that money from the importer – it is certainly hitting the garlic eating consumer though.

      There is certainly an argument that a very heavy fine along with a long period of community service may have been more beneficial to the taxpayer, but there has to be a large element of deterrent too – if someone else thought there was a chance of making over a million quid with the only risk being that IF you got caught there was a chance you’d have to pay it back and end up planting flowerbeds for a few months then of course other unscrupulous individuals will think its worth taking a chance!

      Reply
    • I bet other Garlic importers around the country didn’t think it was unfair, Not if they were paying vat at the proper rate and then trying to compete with this fella

      Reply
    • I dont think that people feel that this man should not be punished but the fact that he got 6yrs jail for a fraud of 1+million while there are individuals walking about who owe Billions (golden circle, maple ten etc) is what they see as excessive. If the golden circle and maple ten were serving sentences of say 20-30yrs this 6yr sentence would of looked reasonable to them in comparsion. Now when (unlikely) these other individuals come to court and get 10yrs (hopefully) they’ll be crying to the judge “but sure the garlic guy only got 2yrs why do i have to serve 10″. I would of preferred to see the big fish taken down first, given lengthy sentences and everyone else on a sliding scale after that. I’ll not hold my breath.

      Reply
  • 232% import tax on garlic should be aginest the law. Wonder what the import tax on horsemeat is?

    Reply
  • Garlic, or Allium sativum as it is known on the street, is a menace. I see the kids out on the housing estate sniffing huge bags of it, off their tits; robbing houses to get their next stinky hit. The big garlic dealer swings by in his beamer with the country reg to drop off a few more cloves, get them hooked.
    It’s a dangerous gateway to harder stuff: onions, scallions and worst of all, shallots and chives.
    I’ve seen some horrible things when young punks get chive flashbacks, that stuff never really leaves your system for good.

    Reply
  • Fair play to him for paying back half so far.. should probably be let out now so he can work and pay back a bit more towards it..

    Reply
    • Fair play to him, he’s a criminal, should he not be punished …if I pickpocket your wallet or steal your car …noone is hurt …so should I be released if I am caught? I don’t see the difference, a crime is a crime

      Reply
    • You could commit, more serious crimes and get less for it! Our justice system, is a joke!

      Reply
    • yes the system is flawed ….fix the system ….not pick and chose who should be released …..

      Reply
    • exactly. thats where I was coming from with my original comment.

      Reply
    • him sitting in prison costing the taxpayer tens of thousand of euro per year to house him makes no sense at all, if he’s out he’s working and earning and paying tax and paying back his tax bill and not costing the state a fortune to keep him locked up.. he tried to pull a fast one and he got sussed.. he didn’t like it off the grass though, politicians and their buddies have been scamming the ordinary people for years..

      Reply
    • And providing lots of current and possible future employment….hit him in the wallet as putting him in jail serves no real purpose except revenge……but wait both he and the consumer have already been hit in the wallet by silly import duties on garlic

      Reply
    • There is alot of over simplifing of the matter going on here. This guy obviously shouldn’t have evaded import duty however import duty placed on garlic shouldn’t be so ridiculously high; this guy has paid back some of the money and is in the process of trying to back the rest. He complied completely with the Gardai and has served an amount of time in prison at considerable cost to the tax payer – whats the purpose in keeping him in prison now, when it will only slow down the payment of his debt to society and cost money to keep him in prison – there is no purpose. The message that has committed a crime and been punished for it has been sent out loud and clear to those who are like him, those who admit what they did and try to make amends. The people who don’t care about what they did won’t to that bothered anyway.

      It would have been far better to fine him and make him work to pay back more money then to imprison him; it would also be an idea to bar him from running for Dail Eireann, at least in the short term anyway.

      If you want a like for like scenario the nearest one you’ll get is Mick Wallace; the on going imprisonment of this man seems more like revenge for the crimes of the many, those who aren’t making any effort to compensate society for the harm they’ve caused.

      Reply
  • mmart 15/02/13 #

    6 yrs was a very harsh sentence for his crime, no doubt he deserved a jail sentence but when u consider that rapists etc get suspended sentences, I’d like to know how judges feel they can justify this.

    Reply
  • He should be let out and put on probation,That man is no danger to the public.

    Reply
  • and mick wallace out walking around
    how much has he paid back now?

    Reply
    • I was going to make that point initially, but then it occurred to me that he has agreed to pay back x amount each year, but he didn’t get jail time which is what really bothered me ( not that I want to see wallace in jail at all ) because I don’t think jail time for small-scale fraud is just, when financially it costs the State more in the long run to do that. Financial penalties would benefit the State more and is still a punishment/deterrent.
      Why aren’t the the big-boy fraudsters behind bars? Because they have mates in high places? The 6 year sentence handed to this guy sickened and angered me because I saw it as an attempt by the powers-that-be to scare the “little man” witless, while at the same time the country gets plundered and destroyed to the tune of billions and the real criminals sit back and laugh..

      Reply
    • I hear you Jamie but wallace was high profile and should have been made an example of and the fact he was a public servant has to be taken nto account. we need to rid ourselves of the gombeen ill scratch your back mentality from top to bottom.

      Reply
    • Wallace should be in prison . Wit him . One law for all not just for the few

      Reply
  • Personally I think its wrong to spend taxpayers money jailing perpetrators of tax crime. You’re spending money punishing people who have already cost the state money with tax scams. They should be made pay what they owe plus a fine & spend time on community service. Ridiculous that the punishment for non-paid tax should further deplete costly tax dollars.

    Reply
  • he was a small business man who kept people in employment, yea it was wrong but he has paid back the majority if it. what have the likes of Sean Fitzpatrick served? oh yea nothing.

    Reply
  • I think 2 years is fairer but if he wasn’t caught I’m sure he would still be doing it. By the by why is the duty on garlic so high and it’s very good for u

    Reply
    • The duty on garlic from outside the EU is so high to protect French and Spanish garlic growers.

      I can’t believe how many people are supporting this guy. Theft is theft and should be punished severely. No wonder we are in the state we are in.

      Reply
  • the law is an ass and a joke in this case………………. its who you are and not what is the case, The sentance on this man was insane and over the top showing that some judges needs anger management treatment

    Reply
  • So Mick Wallace can knowingly and willingly underpay his tax and a man convicted of rape is sunning his buns in Dubai. On the face of it 2 years is a harsh sentence, especially when he is making the effort to repay the money!

    Reply
  • vic 15/02/13 #

    This illegally imported garlic…. Do you snort it or smoke it?

    Reply
  • Nydon 15/02/13 #

    It’s as if some judges get bored and decide to deliver a whacky sentence in order to get some attention ( knowing that an appeal will be made). We have a few Reginald Perrins running around the courts in wigs and gowns me thinks.

    Reply
  • Garlic has many proven health benefits when included regularly in your diet. Tax should be 0% or charged at lowest rate. After all the scandals of processed food lately healthy food should be promoted and made more affordable.

    Reply
  • With the amount of people defending this man or complaining about the severity of this man’s sentence, I fear here’s very little hope for ever tackling corruption and fraud in this country.
    People see white collar crime as a light offence, but it’s exactly that what fuels the corruption. From the civil servant who get free tarmac in exchange for a government contract, the business man who uses tax evasion to advance his business over his competitors, the social welfare claimant who tries to get more then he’s entitled to. It’s fraud, it’s wrong and deserves to be punished severely.

    Reply
  • Chancer yes. Criminal no. He has paid back half is committed to paying the rest and he got 2 years jail. If our government and bankers went on trial for stealing our money and not acting in our best interests how much jail do u think they would get ?

    Reply
  • This is about context. He broke the law, he got caught and had repaid a significant amount before he was given an excessive sentence. If the economy was okay, we may think he should do the full time. In today’s economic climate, the heavy handed approach taken to this man is seen as excessive when bankers and multi millionaires broke the law, repaid nothing and are free. Personally, I thought he should have been given a suspended sentence to allow him to fully clear the debt. And 232% on garlic? That’s criminal.

    Reply
  • Let’s say Mr Begley wasn’t an affluent businessman from a nice area who deliberatey perpetrated a fraud scam. Let’s say he’s a traveller on the dole and he lies about his dependents to the tune of €1.4m over a period of years. Or an immigrant worker who steals stock over time and sells it on?

    Paul Begley’s greed resulted in the loss of SNAs, nurses, gardai and money for capital projects. He isn’t any sort of hero. He’s a thief who only paid back the money because he got caught and in all likelyhood, he’d still be committing fraud – which is simply theft for rich people – today if he’d managed to avoid customs officers.

    Reply
  • If he were a politician he’d be playing golf in Spain right now.

    Reply
  • Declan 15/02/13 #

    Red thumbs ??

    He repaying it because he developed a conscience . ??..

    Or

    Because customs officials opened the truck and found garlic rather than the apples he deliberately falsified on the load paperwork to pocket a million quid

    Ehhh. The latter

    Reply
  • Anyone who breaks the law deserves to be punished.

    Reply
  • rusty9 15/02/13 #

    Good news and hopefully he will be out very shortly. Shame to think what happened this man and the IBRC fat cats who squandered hundreds of millions of our money will not serve a day.

    Reply
  • Mastershysters, – sorry, – judges in this country seem to have ‘carte-blanche’ as to how they sentance people;-
    - nothing for rape, Nothing for crooked TD’s, Nothing for banksters, Nothing for traitors, 6 years for refusing to pay a stupidly high duty on a healthy vegetable.
    I reckon this has more to do with ‘the old boys club’, – a cabal of smug, self-serving, amoral crooks smoking cigars & drinking brandy behind closed doors.
    The patience of the ordinary, decent citizen has limits, & those limits are being reached.

    Reply
  • I don’t think this man should have went to jail. Why is the tax on GARLIC so damn expensive anyways?

    Reply
  • Still too long in my opinion, harden criminal s not getting time at all for much worse crimes !!

    Reply
  • Tá dhá bhliain dian go maith fós féin.

    Reply
  • Declan 15/02/13 #

    He’s only repaying it because he was caught!
    He defrauded the state (i.e. you and me ) of over a million euro and deserved the 2 years he eventually got.

    Having said that the fact not one banker is in jail despite putting their gambling debts around the necks of people of this state for the remainder of their working lives is the without doubt the biggest white collar crime you will ever see in Ireland !

    Reply
  • End sentences for white collar now! White collar crime hurts nobody. White collar crime should be encouraged. White collar crime should not be called crime it should be called enterprise. Enterprise is good.

    Reply
  • Sadly this will set the tone for bankers sentences if that day ever comes, judges will feel it’s ok to hand out light sentences because this criminal got away with only two years he should have done 10. Of course a rapist should have gotten more but you can’t feel sorry for this guy he was a greedy thief who stole from the taxpayer, he took food from our children’s mouths.

    Reply
  • Was it reduced because the other inmates did not want to smell his breath for so long?

    Reply
  • He STOLE 1.4 million from us, money that could have been used to provide better eduction for your children, better health care for your parents …and you want him released because he hasn’t HURT anyone ….really

    Reply
  • Declan 15/02/13 #

    No logic here. Mr Begley extended family and friends, I bid you good night. The stench of garlic is killing me !

    Reply
  • Chair man get a life

    Reply
  • @chairman…your a dick!

    Reply

Add New Comment