Wineries and Retailers Beware of Shipping to Illinois

or you may be named in a lawsuit. Illinois Qui Tam Lawsuits—Private Enforcement Of a State Claim: A Bonanza For A Plaintiff’s Lawyer And A Rip-Off Of Retailers — Hinman & Carmichael LLP

Wine exchange in orange county just stopped shipping to IL. I had an order canceled today. This is a cluster and as far as I can tell its just profiteering of this one attorney on confusing tax law.

nice.

Lawyers. What you gonna do…

I don’t know specifically about WinEx, but the fees and paperwork surrounding shipping to consumers in many states is so complex and expensive that smaller (and I’d include them) usually try to fly under the radar. When that becomes an issue just not shipping to that state is the only solution.

I once made my one and only shipment of $200 or so to a customer in Vermont and later got a letter from the Vermont AG’s office. I was told I needed a $300/year license, had to report a sales to them, and had to collect and transfer tax as well. Not worth it.

Sounds like this attorney learned about the Getty Image game and took it a step farther. It would take an astute attorney to identify and initiate a scam that is currently legal and pretty smart too.

Imagine, you order a $30.00 bottle of wine on line from ABC Wines, to be shipped to your office in Ill. Under their law, you take the bottle and paperwork to court, showing ABC Wines did not pay Ill. the $4.13 tax for the wine and shipping. Representing yourself, you subpoena ABC Wines to appear in Ill for this civil tort, which, with fines will probably come to $13.96, plus court fees of $370.00. Then there are attorney fees, (for yourself) of $16,000.00 plus $150.00 filing fee, $435,00 for subpoena service. Not bad for a total of 2 hours work each case and you could probably do 10 or 20 a day. AND it’s legal to do it AND you get to choose “The Suspect.”

Apparently, this prick has been at it since 2002. He tried it in Nevada and Tennessee earlier, but was shut down by those state’s AGs.

But of course, the Illinois AG decided to take the plaintiff’s side.

And it’s Stephen B. Diamond, not “P”.

Wow, some people have no shame.

Looks like Mr. Diamond has been knocked down a notch or two:

“Illinois Attorney General’s Office Announces Intention to Dismiss False Claims Act Against Liquor Retailers”
http://thewritestuff.jonesday.com/rv/ff001efa85f32db8ea2f2eeeb34184969847e21d