Enfield Man Ordered to Pay Over $55,000 in Penalties for Failing to Declare Vehicle at Border

• Get updates on trade, Customs and regulatory changes
• Stay informed on trade compliance seminars,
  workshops and industry events

x

Canada Border Services Agency Mar 19, 2014

On March 10, 2014, Brian James Wheaton, 50, of Enfield, Nova Scotia, pleaded guilty in St. Stephen Provincial Court to one count of failure to declare under section 12 of the Customs Act. Wheaton was fined $1,000 and ordered to pay civil penalties of $54,954.

On September 3, 2013, Wheaton arrived at the St. Stephen border crossing with a 1967 antique vehicle. He claimed the vehicle had been taken to a garage in Maine for repair, but that he had decided not to purchase parts or have repairs done. A secondary examination revealed that the vehicle had been transported across the border to Calais, Maine and then transported by an unknown means to Chicago, where repairs were done. It was then returned to Calais, Maine and picked up by Wheaton. The border services officer found invoices showing $85,000 had been spent on parts and service on the vehicle while it was in the United States. Wheaton then provided additional invoices totalling $137,185.

Wheaton was arrested, the vehicle was seized, and he was assessed a penalty. The vehicle was exported to back to the United States as it did not meet Transport Canada regulations. The file was referred to Canada Border Services Agency (CBSA) Criminal Investigations, who laid charges leading to a guilty plea and fine. Had Wheaton been truthful in his declaration, he would have paid $17,834 in taxes.

Quick Facts

• The Customs Act requires every person entering Canada to accurately report all goods being brought into the country and, if required, present those goods for examination.
• Failure to properly declare goods, including vehicle repairs and parts, may result in seizure action, monetary penalties and/or criminal prosecution.
• Anyone with information about suspicious cross-border activity is encouraged to call the CBSA Border Watch toll-free line at 1-888-502-9060.

Quote

“The CBSA reminds all travellers to truthfully declare all goods when entering Canada. It doesn’t pay to try to circumvent these requirements; the risks are just not worth it.”

-       Debra Thompson, Acting Director, Southern New Brunswick District, CBSA Atlantic Region

 Associated Links

• Reporting and Summary Accounting of Vehicle Repairs by Highway Carriers
• To Report Border-Related Criminal Activity