KANSAS CITY, Mo. –A Wichita attorney is among five defendants who have pleaded guilty in federal court this week to their roles in a multi-million dollar scheme to transport hundreds of thousands of cartons of contraband cigarettes from the Kansas City, Mo., area to the state of New York, where they were sold primarily on Indian reservations according to Tammy Dickinson, United States Attorney for the Western District of Missouri.
Harry Najim, 67, of Wichita, pleaded guilty before U.S. District Judge Brian C. Wimes to failing to file a Form 8300 related to his representation of a client involved in the scheme, who was actually an undercover federal agent.
William F. Parry, 54, of Irving, N.Y., pleaded guilty today to contraband cigarette trafficking. Philip Christ, 55, of Hamburg, N.Y., pleaded guilty today to participating in a conspiracy to commit wire fraud and contraband cigarette trafficking.
Nicole Sheffler, 37, of Independence, Mo., and Gholamreza “Reza” Tadaiyon, 51, of Weston, Fla., pleaded guilty on Wednesday, Feb. 18, to their roles in the conspiracy.
USA v. Najim
Najim was a lawyer employed by the Adams Jones Law Firm in Wichita. By pleading guilty today, Najim admitted that he provided legal services for an undercover ATF agent from March 2011 through January 2012. The undercover agent sold large quantities of untaxed cigarettes to a group of individuals who transported the contraband cigarettes to retail outlets in the state of New York. Those individuals were engaged in a conspiracy to commit wire fraud and contraband cigarette trafficking.
The undercover agent paid Najim $16,500 for his legal services when they met at the McCormick and Schmick’s restaurant on the Country Club Plaza in Kansas City, Mo., on June 23, 2011. Najim knew federal statutes required the law firm to file a report with the Financial Crimes Enforcement Network upon receipt of more than $10,000 in a single transaction. Najim, however, did not report the $16,500 payment to the law firm, which caused it to fail to file a report.
Najim was also the attorney for co-defendant Craig Sheffler, 45, of Independence, and Sheffler’s business, Cheap Tobacco Wholesale. Sheffler pleaded guilty on Dec. 19, 2014, to participating in the conspiracy to commit wire fraud and contraband cigarette trafficking and forfeited $599,206 to the government.
Sheffler admitted that he made regular purchases of contraband cigarettes from undercover ATF agents. The contraband cigarettes were transported to New York without prior approval by the New York Department of Taxation and Finance and without first paying the required $4.35 per pack excise tax. The unstamped, untaxed cigarettes were then sold to smoke shops on the reservations in New York, which sold the contraband cigarettes at a considerable discount and deprived the state of its tax revenue.
According to the indictment, conspirators purchased more than $17 million worth of contraband cigarettes from ATF agents during an undercover operation. Sheffler admitted in his plea agreement that the amount of loss exceeded $7 million. Cigarettes were transported to New York without paying the required $4.35 per pack excise tax. The untaxed cigarettes were sold by New York retailers and smoke shops on the reservations in the state of New York. The total state excise tax lost to the state of New York was more than $8 million.