REGINA – A Saskatchewan farmer was sentenced to three days in jail and fined $10,000 U.S. after pleading guilty to a United States customs violation.
Ben Hudye, 38, of Norquay, Sask. pleaded guilty July 30 to knowingly causing a false statement to be made to an American customs agent in order to import Achieve Plus D last April. The herbicide is prohibited in the U.S.
Hudye was arrested and charged with smuggling April 8, after customs officers at Portal, N.D. found 120 cases of herbicide beneath oats in a grain truck owned by Hudye. He told the officers the herbicide was for use on his farm in Colorado.
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He was released from Grand Forks, N.D. county jail April 10 after paying a $10,000 bond.
In court in Fargo last week, Hudye entered his plea on a different charge after a plea bargain was made and the original indictment was dismissed, said U.S. attorney’s office media liaison Jayne Hajicek. She said plea agreements are often made to save court costs.
Judge Richard Goldberg sentenced Hudye to three days in jail, followed by one year of supervised release. Hudye was given credit for the three days already served and did not return to jail, Hajicek said.
She was unsure how the supervised release would work since Hudye is a Canadian, but said she thought he would likely have to keep in touch with American probation authorities.
Hudye was also fined $10,000 and ordered to pay a $25 special assessment to the Crime Victim’s Fund.
“He paid a $10,000 fine in lieu of forfeiture of his vehicles,” Hajicek said. The grain truck containing the herbicide, as well as a Suburban pickup, had been impounded since Hudye’s arrest.
“The herbicide was returned to Mr. Hudye and I believe it was allowed back into Canada,” Hajicek said.
She added that Hudye is not considered a felon because he pleaded guilty to a misdemeanor and he should be allowed to re-enter the U.S.
