May 27, 2003 -- EARLIER this
month, federal authorities announced the arrest of 10 people charged
with smuggling millions of dollars worth of cigarettes from Virginia
to New York. The 10 are reportedly now also being investigated for
ties to terrorism. Two weeks earlier, New Jersey police stopped a
truck headed to New York City and found more than $1 million of
bootleg cigarettes.
Those are only the latest in a series of busts of large-scale
smuggling rings supplying the city's illicit cigarette market. That
market got a big boost last year when Mayor Bloomberg hiked the
city's cigarette excise tax from 8 cents to $1.50 a pack.
That hike, coupled with increases that brought the state excise
to $1.50 per pack, have pushed the price of legal brand-name
cigarettes to more than $7.50 a pack. As a result, smugglers can
earn hundreds of thousands of dollars with every truckload of
cigarettes.
Also suppling the city's illicit market are thieves who target
businesses that distribute and sell cigarettes. The Bureau of
Alcohol, Tobacco and Firearms reports a dramatic rise in tobacco
theft in the metro region in recent years. Law-enforcement officials
as far away as Virginia and North Carolina also report a rash of
heists that they believe were committed to supply Gotham's booming
black market for butts.
This wave should have been no surprise: The same thing happened
after the state doubled its cigarrette tax in the late '60s. That
tax hike - to 10 cents a pack, roughly 57 cents in today's dollars -
encouraged organized crime to ruthlessly push aside competitors and
quickly dominate the smuggling racket. By 1967, officials estimated
that a quarter of the cigarettes smoked in the Empire State
were bootleg. The problem was thought to be even more pervasive in
the city.
The doubling of the state excises, with added state and city
hikes in the late 1960s and 1970s, also spurred crime against
legitimate businesses. The chairman of a state commission that
probed the illicit tobacco trade told Congress that the tax hikes
had created a situation where workers in the legal sector were
"confronted almost daily with the risk and dangers of personal
violence which are now inherent in their industry."
To the dismay of other states, the crime wave rapidly spread
beyond New York's borders. Across the country, trucks carrying
cigarettes were hijacked and businesses selling them were robbed to
supply New York's black market.
State and city officials experimented with a variety of ways of
reigning in the tax-induced crime, including mandatory prison
sentences for cigarette bootleggers, expanded police powers of
search and seizure and more regulation of the industry. But none of
those measures had much effect.
Finally, by the mid 1970s, with tobacco-related crime rising and
governments and business losing millions to bootlegging each year, a
special state commission recommended that the city's cigarette tax
be repealed. Gov. Malcolm Wilson enthusiastically embraced a trial
version of that recommendation, saying: "One major incentive to
organized crime is the high New York City cigarette taxes, piled on
top of the state tax, which have made that city the promised land
for cigarette bootleggers."
While the governor fought hard for repeal of the tax, parochial
politics scuttled its passage. But escalating violence - including a
series of homicides resulting from turf battles and efforts to
silence witnesses - discouraged lawmakers from further tax hikes in
the late 1970s and early 1980s. This allowed the era's high
inflation to reduce real cigarette-tax rates by more than 40
percent, which sapped the profitability of bootlegging and so
reduced smuggling and related crime.
But lawmakers' memories are woefully short when it comes to the
harmful effects of taxation. By the late 1980s, state cigarette
taxes were again on the rise - prompting Robert L. Shepherd of the
state Department of Taxation and Finance to note in 1989, "In New
York, it is literally more profitable to hijack a cigarette-delivery
truck than an armored truck."
Today, at least half of the cigarettes smoked in the city have
somehow avoided state and city excises. And it's not just the mob:
ATF officials report street gangs and terrorist groups are now also
involved in the city's illicit cigarette trade.
Mayor Bloomberg stands by his historic tax hike: "We all know
that smoking kills. And increasing the cigarette tax saves lives."
But, as history so clearly demonstrates, it isn't that simple. The
widespread availability of cheap cigarettes via the black market
undermines the mayor's claim that hiking cigarette taxes reduces
smoking.
Worse, his paternalistic effort to protect smokers from
themselves has placed other Americans at greater peril.
Patrick Fleenor, former chief economist of the Tax Foundation,
is author of the study "Cigarette Taxes, Black Markets, and Crime,"
published by the Cato Institute, www.cato.org.