FROM: U.S. JUSTICE DEPARTMENT
Monday, January 12, 2015
New Jersey Man Sentenced to 33 Months in Prison for Trafficking in Illegally-Imported Narwhal Tusks and Money Laundering
Andrew J. Zarauskas, a New Jersey resident, was sentenced to 33 months in prison for illegally importing and trafficking in narwhal tusks and associated money laundering crimes, announced Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division. Zarauskas was also ordered to forfeit $85,089, six narwhal tusks and one narwhal skull. In addition, Zarauskas was ordered to pay a fine of $7,500. His prison sentence will be followed by three years of supervised release.
On Feb. 14, 2014, a federal jury in Bangor, Maine, convicted Zarauskas on six counts, including conspiracy, smuggling violations for buying and illegally importing narwhal tusks into the United States and money laundering violations associated with the illegal importations. The market value of the teeth and tusks illegally imported by Zarauskas was determined to be between $120,000 and $200,000.
Narwhals are listed as “threatened” under the Endangered Species Act (ESA) and are covered by the international Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of the narwhal into the United States without a permit and without declaring the parts at the time of importation to U.S. Customs and Border Protection and the U.S. Fish and Wildlife Service.
“The Justice Department is committed to the fight to save the world’s protected wildlife species, many of which are under sustained attack by poachers and wildlife traffickers,” said Assistant Attorney General Cruden. “We are particularly grateful to our federal and Canadian law enforcement partners for unraveling this scheme to traffic in narwhal tusks and for bringing Zarauskas and his co-conspirators to justice.”
“The significant penalties imposed today for Mr. Zarauskas send a powerful message to any individual that decides to engage in the trade of illegal wildlife,” said Deputy Assistant Director for Law Enforcement Edward Grace of the U.S. Fish and Wildlife Service. “We will continue to work closely with our international, federal and state partners to root out those individuals who exploit protected wildlife species for their own financial gain.”
“This is yet another case where dedicated investigators helped stop an international smuggling ring attempting to profit from the illegal exploitation and trade of vulnerable and threatened marine species,” said Assistant Administrator Eileen Sobeck for National Oceanic and Atmospheric Administration (NOAA) Fisheries. “NOAA will continue to work in collaboration with our international, federal and state law enforcement partners to make sure marine resources are protected now and into the future.”
According to the evidence presented a trial, Zarauskas purchased approximately 33 narwhal tusks over nearly six years from two Canadian co-defendants. The Canadian co-defendants purchased the narwhal tusks in Canada and subsequently brought them into the United States illegally by concealing the narwhal tusks either under their truck or under a utility trailer and not declaring the wildlife to border officials as required. Once in the United States, a Canadian co-defendant shipped the narwhal tusks to Zarauskas from Bangor, Maine. Zarauskas knew that the co-defendants lived in Canada and had illegally imported the narwhal tusks into the United States.
The case was investigated by agents from the Law Enforcement Offices of NOAA, U.S. Fish and Wildlife Service, and Environment Canada. The case was prosecuted by Trial Attorneys Todd S. Mikolop and James B. Nelson of the Department of Justice’s Environmental Crimes Section.
Showing posts with label CITES. Show all posts
Showing posts with label CITES. Show all posts
Wednesday, January 14, 2015
Sunday, October 26, 2014
SAFARI COMPANY OWNERS INDICTED FOR SELLING ILLEGAL HUNTS FOR RHINOS
FROM: U.S. JUSTICE DEPARTMENT
Thursday, October 23, 2014
Owners of Safari Company Indicted for Illegal Rhino Hunts
The owners of Out of Africa Adventurous Safaris were charged with conspiracy to sell illegal rhinoceros hunts in South Africa in order to defraud American hunters, money laundering and secretly trafficking in rhino horns, announced Sam Hirsch Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division; George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama; and Dan Ashe, Director of the U.S. Fish & Wildlife Service. The indictment was unsealed today in Montgomery, Alabama following the federal indictment.
The indictment charges Dawie Groenewald, 46, and his brother, Janneman Groenewald, 44, both South African nationals, and their company Valinor Trading CC (d/b/a Out of Africa Adventurous Safaris) with conspiracy, Lacey Act violations, mail fraud, money laundering and structuring bank deposits to avoid reporting requirements. The Lacey Act, the nation’s oldest criminal statute addressing illegal poaching and wildlife trafficking, makes it a crime to sell animal hunts conducted in violation of state, federal, tribal and foreign law.
According to the 18-count indictment, from 2005 to 2010, the Groenewald brothers traveled throughout the United States to attend hunting conventions and gun shows where they sold outfitting services and accommodations to American hunters to be conducted at their ranch in Mussina, South Africa. During the time period covered by the indictment, Janneman Groenewald lived in Autauga County, Alabama, where Out of Africa maintained bank accounts and is accused of money laundering and structuring deposits to avoid federal reporting requirements. Hunters paid between $3,500 and $15,000 for the illegal rhino hunts.
The defendants are charged with selling illegal rhino hunts by misleading American hunters. The hunters were told the lie that a particular rhino had to be killed because it was a “problem rhino.” Therefore, while no trophy could be legally exported, the hunters could nonetheless shoot the rhino, pose for a picture with the dead animal, and make record book entries, all at a reduced price. Meanwhile, the defendants are alleged to have failed to obtain necessary permits required by South Africa and cut the horns off some of the rhinos with chainsaws and knives.
The indictment alleges that the defendants then sold the rhino horn on the black market. Eleven illegal hunts are detailed in the papers filed in federal court, including one in which the rhino had to be shot and killed after being repeatedly wounded by a bow, and another in which Dawie Groenewald used a chainsaw to remove the horn from a sedated rhino that had been hunted with a tranquilizer gun. The American hunters have not been charged.
“We are literally fighting for the survival of a species today. In that fight, we will do all we can to prosecute those who traffic in rhino horns and sell rhino hunts to Americans in violation of foreign law,” said Sam Hirsch, Acting Assistant Attorney General for the Environment and Natural Resources Division. “This case should send a warning shot to outfitters and hunters that the sale of illegal hunts in the U.S. will be vigorously prosecuted regardless of where the hunt takes place.”
“These defendants tricked, lied and defrauded American citizens in order to profit from these illegal rhinoceros hunts,” stated U.S. Attorney Beck. “Not only did they break South African laws, but they laundered their ill-gotten gains through our banks here in Alabama. We will not allow United States’ citizens to be used as a tool to destroy a species that is virtually harmless to people or other animals.”
“The fact that defendants used American hunters to execute this scheme is appalling - but not as appalling as the brutal tactics they employed to kill eleven critically endangered wild rhinos,” said FWS Director Ashe. “South Africa has worked extraordinarily hard to protect its wild rhino population, using trophy hunts as a key management tool. The illegal ‘hunts’ perpetrated by these criminals undermine that work and the reputation of responsible hunters everywhere.”
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. Adult rhinoceros have no known natural predators. All species of rhinoceros are protected under United States and international law. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population. Like hair or finger nails, rhino horn is actually composed of keratin and has no proven medical efficacy. As a result, rhino populations have declined by more than 90 percent since 1970. South Africa, for example, has witnessed a rapid escalation in poaching of live animals, rising from 13 in 2007 to a record 1004 in 2013. Illegally killed rhinos like the ones charged in this prosecution are not included in the published statistics of poached animals.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The investigation of Out of Africa is part of Operation Crash (named for the term “crash” which describes a herd of rhinoceros), an ongoing nation-wide effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns led by the Special Investigations Unit of the Fish and Wildlife Service Office of Law Enforcement in coordination with the U.S. Department of Justice. Thus far there have been 26 arrests and 18 convictions with prison terms as high as 70 months. (See attached Crash Fact Sheet). Throughout the course of the investigation on the current charges, U.S. authorities received substantial cooperation from South Africa’s National Prosecuting Authority and a specialized endangered species unit within the organized crime unit of the South African Police Service. That unit is known as the Hawks. Additional assistance has been provided in this case by the Bureau of Alcohol, Tobacco and Firearms, in Montgomery, Alabama and the Autauga County, Alabama Sheriff’s Office. The Out of Africa case is being prosecuted in the Middle District of Alabama by Assistant U.S. Attorney Brandon K. Essig and by Richard A. Udell, Senior Litigation Counsel with the Environmental Crimes Section of the U.S. Department of Justice in Washington, D.C. The Out of Africa investigation is continuing.
The Criminal Division’s Office of International Affairs provided assistance.
Thursday, July 31, 2014
CANADIAN ANTIQUE DEALER CHARGED WITH CONSPIRING TO SMUGGLE WILDLIFE PRODUCTS LIKE IVORY, RHINOCEROS HORN
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, July 29, 2014
Canadian Antique Dealer Charged with Trafficking Wildlife
Antique Company President Charged with Smuggling Wildlife Worth More Than $500,000
Guan, the president and owner of an antiques business in Richmond, British Columbia, was arrested on March 29, 2014, after flying from Vancouver to New York and purchasing two endangered black rhinoceros horns from undercover special agents with the U.S. Fish & Wildlife Service at a storage facility in the Bronx. After purchasing the horns in a storage pod, Guan had the undercover agents drive him and a female accomplice acting as his interpreter to a nearby express mail store where he mailed the horns to an address in Point Roberts, Washington, less than a mile from the Canadian border and 17 miles from his business. Guan labeled the box of black rhino horns as containing “handicrafts” worth $200, even though he had just paid $45,000 for them. Guan indicated that he had people who could drive the horns across the border and that he had done so many times before.
Guan and his co-conspirators allegedly smuggled more than $500,000 of rhino horns and sculptures made from elephant ivory and coral from various U.S. auction houses to Canada by the same method or by having packages mailed directly to Canada with false paperwork and without the required declaration or permits. One part of the criminal scheme was to falsely describe the wildlife in order to conceal Guan’s wildlife smuggling. In the case of a rhino horn purchased in Florida, the Customs paperwork claimed it was a “Wooden Horn” worth $200.
At the same time that Guan was being arrested in New York, wildlife enforcement officers with Environment Canada executed a search warrant at Guan’s antique business in Canada. Environment Canada and Justice Canada are working cooperatively with U.S. investigators and prosecutors. The Guan case is part of “Operation Crash,” a U.S. Fish & Wildlife and Justice Department crackdown on illegal trafficking in rhinoceros horns.
“Illegal wildlife trafficking is a multibillion-dollar business that must be stopped,” said Acting Assistant Attorney General Hirsch. “The Justice Department is working vigorously to uphold the laws designed to protect rhinos and elephants and other threatened species from extinction and is working alongside our international partners to bring black-market wildlife traders to justice. We are also very grateful here for the assistance from Canadian authorities.”
“ There is an ever-expanding black market for objects made from endangered species that fuels the devastating and senseless slaughter of noble animals,” said U.S. Attorney Bharara. “The charges levied today are designed to deal a heavy blow to those that are deliberately profiting from the trade in rare and endangered species. ”
“As this case illustrates, the United States plays a key role in the illegal wildlife trade – often as the source of, or transit country for, poached and smuggled wildlife products headed elsewhere in the world,” said Director Ashe. “This makes coordination vital with our international partners as we work together to halt the slaughter of rhinos, elephants and many other imperiled species. We have a long history of collaboration with Environment Canada on wildlife trafficking and other issues, and we appreciate the invaluable assistance they’ve provided in this case.”
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international law. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.
Operation Crash is a continuing investigation by the Department of the Interior’s Fish and Wildlife Service (FWS), in coordination with the Department of Justice. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. The Guan case was investigated by FWS, the U.S. Attorney’s Office Complex Frauds Unit and the Justice Department’s Environmental Crimes Section with assistance from Environment Canada’s Wildlife Enforcement Directorate. Assistant U.S. Attorney Janis M. Echenberg and Senior Counsel Richard A. Udell of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.
An indictment is an allegation based upon a finding of probable cause. A defendant is presumed innocent until convicted. If convicted, Guan faces up to five years in prison for the conspiracy and wildlife charges and up to ten years in prison for the crime of smuggling. Guan could be fined up to $200,000 per count or up to twice the gross gain from the criminal conduct.
Thursday, May 29, 2014
INTERNATIONAL RHINO HORN, ELEPHANT IVORY SMUGGLER SENTENCE TO 70 MONTHS IN PRISON
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, May 28, 2014
Ringleader of International Rhino Smuggling Conspiracy Sentenced in New Jersey to 70 Months in Prison for Wildlife Trafficking Crimes
Zhifei Li, the owner of an antique business in China, was sentenced today to serve 70 months in prison for heading an illegal wildlife smuggling conspiracy in which 30 rhinoceros horns and numerous objects made from rhino horn and elephant ivory worth more than $4.5 million were smuggled from the United States to China.
The sentence – one of the longest sentences to be imposed in the United States for a wildlife smuggling offense – was announced by Sam Hirsch, the Acting Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice; Paul J. Fishman, U.S. Attorney for the District of New Jersey; Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida; and Dan Ashe, Director of the U.S. Fish and Wildlife Service (USFWS).
Li, 30, of Shandong, China, the owner of Overseas Treasure Finding in Shandong, previously pleaded guilty before U.S. District Judge Esther Salas to a total of 11 counts: one count of conspiracy to smuggle and violate the Lacey Act; seven counts of smuggling; one count of illegal wildlife trafficking in violation of the Lacey Act; and two counts of making false wildlife documents. Judge Salas also imposed the sentence today in Newark federal court.
“Li was the ringleader of a criminal enterprise that spanned the globe and profited from an illegal trade that is pushing endangered animals toward extinction,” said Sam Hirsch, Acting Assistant Attorney General for the Environment and Natural Resources Division. “As this case clearly demonstrates, rhino trafficking is increasingly organized, well financed, and a threat to the rule of law. The United States is resolved to bring wildlife traffickers to justice.”
“The multibillion-dollar illegal wildlife market is supplied by animal poaching of unthinkable brutality and fed by those willing to profit from such cruelty,” said U.S. Attorney Fishman. “Zhifei Li appropriately faces 70 months in prison for orchestrating schemes worth millions of dollars and for violating laws meant to protect the most vulnerable species.”
“Wild populations of rhinos are being slaughtered at appalling rates due to the greed and indifference of criminals like Li and his accomplices,” said U.S. Fish and Wildlife Service Director Dan Ashe. “The sentence handed down today serves notice to other organized trafficking and poaching rings that their crimes will not go unpunished. We will relentlessly work across the U.S. government and with the international law enforcement community to destroy these networks, while strengthening protections for rhinos in the wild and reducing demand for horn in consumer countries.”
Li was arrested in Florida in January 2013, shortly after arriving in the country, on federal charges brought under seal in New Jersey. Before he was arrested, he purchased two endangered black rhinoceros horns from an undercover USFWS agent in a Miami Beach hotel room for $59,000 while attending an antique show. Li was arrested as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns and other protected species.
In papers filed in Newark federal court, Li admitted that he was the “boss” of three antique dealers in the United States whom he paid to help obtain wildlife items and smuggle them to him via Hong Kong. One of those individuals was Qiang Wang, aka “Jeffrey Wang,” who was sentenced to 37 months in prison on Dec. 5, 2013, in the Southern District of New York . Li played a leadership and organizational role in the smuggling conspiracy by arranging for financing to pay for the wildlife, purchasing and negotiating prices, directing how to smuggle the items out of the United States, and getting the assistance of additional collaborators in Hong Kong to receive the goods and smuggle them to him in mainland China.
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (known as CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.
In pleading guilty, Li admitted that he sold 30 smuggled, raw rhinoceros horns worth approximately $3 million – approximately $17,500 per pound – to factories in China where raw rhinoceros horns are carved into fake antiques known as Zuo Jiu (which means “to make it as old” in Mandarin). In China, there is a centuries old tradition of drinking from an intricately carved “libation cup” made from a rhinoceros horn. Owning or drinking from such a cup is believed by some to bring good health, and true antiques are highly prized by collectors. The escalating value of such items has resulted in an increased demand for rhinoceros horn that has helped fuel a thriving black market, including recently carved fake antiques.
In addition to the prison term, Judge Salas ordered Li to serve two years of supervised release and to forfeit $3.5 million in proceeds of his criminal activity as well as several Asian artifacts. Various ivory objects seized by the USFWS as part of the investigation have also been surrendered.
The investigation is continuing and is being handled by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, the U.S. Attorney’s Office for the District of New Jersey, the U.S. Attorney’s Office for the Southern District of Florida and the Justice Department’s Environmental Crimes Section.
The government is represented by Assistant U.S. Attorneys Kathleen P. O’Leary and Barbara Ward of the New Jersey U.S. Attorney’s Office Criminal Division and Asset Forfeiture and Money Laundering Unit, Assistant U.S. Attorney Thomas Watts-FitzGerald of the U.S. Attorney’s Office for the Southern District of Florida and Senior Counsel Richard A. Udell of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Sunday, January 12, 2014
2 MEN PLEAD GUILTY FOR ROLES IN NARWHAL TUSKS TRAFFICKING SCHEME
FROM: JUSTICE DEPARTMENT
Tuesday, January 7, 2014
Tennessee Men Plead Guilty to Illegally Trafficking Narwhal Tusks
Jay G. Conrad, of Lakeland, Tenn., pleaded guilty today in the District of Maine to conspiring to illegally import and traffic narwhal tusks, conspiring to launder money, and illegally trafficking narwhal tusks, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division . A plea agreement was also unsealed today in which Eddie T. Dunn, of Eads, Tenn., pleaded guilty in the District of Alaska to conspiring to illegally traffic, and trafficking, narwhal tusks.
According to the plea agreements, beginning in approximately 2003, Dunn and Conrad partnered to buy more than 100 narwhal tusks from a Canadian resident who each knew had illegally imported the tusks from Canada into Maine. After receiving the tusks in Tennessee, Dunn and Conrad marketed and sold the tusks using a combination of internet sales via the “Ebay” auction website and direct sales to known buyers and collectors of ivory. Buyers were located throughout the United States, including in Alaska and Washington. Throughout the conspiracy, Dunn and Conrad made payments to the Canadian supplier for the narwhal tusks by sending the payment to a mailing address in Bangor, Maine, or directly to the supplier in Canada. The payments allowed the Canadian supplier to purchase and re-supply Dunn and Conrad with more narwhal tusks that they could then re-sell. Dunn sold approximately $1.1 million worth of narwhal tusks and Conrad sold between $400,000 and $1 million worth of narwhal tusks as members of the conspiracy.
“In this conspiracy, Dunn and Conrad flouted U.S. law and international agreements that protect marine mammals like the narwhal from commercial exploitation,” said Acting Assistant Attorney General Dreher. “If left unchecked, this illegal trade has the potential to irreparably harm the species. The Justice Department will continue to investigate and prosecute wildlife traffickers in order to protect these species for future generations to enjoy.”
“The cooperation between Service and NOAA investigators and between the United States and Canada that led to these prosecutions reflects the type of partnerships needed to protect narwhals and other species worldwide from wildlife trafficking,” said William C. Woody, Assistant Director for Law Enforcement for the U.S. Fish and Wildlife Service.
“NOAA OLE takes the unlawful importation of protected marine mammals very seriously,” said NOAA-Office of Law Enforcement Special Agent in Charge Logan Gregory. “NOAA OLE will continue to investigate those who unlawfully import marine mammal products and profit from marine protected species such as the narwhal.”
“This investigation uncovered and dismantled a wildlife trafficking network that spanned from New Brunswick to Tennessee and reached as far as Alaska,” said Karen Loeffler, U.S. Attorney for the District of Alaska. “The results reached demonstrate the close cooperation between the United States and Canada and their law enforcement officers whose duty it is to investigate, stop and deter those who illegally target diminishing wildlife resources and do so for commercial gain.”
A narwhal is a medium-sized whale with an extremely long tusk that projects from its upper left jaw. Narwhals are marine mammals protected by the Marine Mammal Protection Act and are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of marine mammals into the United States without the requisite permits/certifications, and without declaring the merchandise at the time of importation to U.S. Customs and the U.S. Fish and Wildlife Service. Narwhal tusks are commonly collected for display purposes and can fetch large sums of money.
Dunn is scheduled to be sentenced by U.S. District Judge Ralph R. Beistline in the District of Alaska on March 20, 2014. The maximum penalty Dunn faces for conspiring to illegally traffic, and trafficking, narwhal tusks is five years of incarceration and a fine of $250,000. The maximum penalty Conrad faces for conspiring to illegally import and illegally traffic narwhal tusks, conspiring to commit money laundering crimes and illegally trafficking narwhal tusks is twenty years of incarceration and a fine of $250,000. The trial of Co-defendant Andrew J. Zarauskas is set to begin in Bangor, Maine, on February 4, 2014. Co-defendant Gregory R. Logan is pending extradition from Canada to the District of Maine.
These cases are part of Operation Nanook, a multi-agency effort to detect, deter and prosecute those engaged in the unlawful trafficking of narwhal tusks. The cases were investigated by agents from National Oceanic and Atmospheric Administration - Office of Law Enforcement and the U.S. Fish and Wildlife Service - Office of Law Enforcement, with extensive support and collaboration from Environment Canada, Wildlife Enforcement. The cases are being prosecuted by Trial Attorney Todd S. Mikolop of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Steven E. Skrocki of the District of Alaska.
Tuesday, January 7, 2014
Tennessee Men Plead Guilty to Illegally Trafficking Narwhal Tusks
Jay G. Conrad, of Lakeland, Tenn., pleaded guilty today in the District of Maine to conspiring to illegally import and traffic narwhal tusks, conspiring to launder money, and illegally trafficking narwhal tusks, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division . A plea agreement was also unsealed today in which Eddie T. Dunn, of Eads, Tenn., pleaded guilty in the District of Alaska to conspiring to illegally traffic, and trafficking, narwhal tusks.
According to the plea agreements, beginning in approximately 2003, Dunn and Conrad partnered to buy more than 100 narwhal tusks from a Canadian resident who each knew had illegally imported the tusks from Canada into Maine. After receiving the tusks in Tennessee, Dunn and Conrad marketed and sold the tusks using a combination of internet sales via the “Ebay” auction website and direct sales to known buyers and collectors of ivory. Buyers were located throughout the United States, including in Alaska and Washington. Throughout the conspiracy, Dunn and Conrad made payments to the Canadian supplier for the narwhal tusks by sending the payment to a mailing address in Bangor, Maine, or directly to the supplier in Canada. The payments allowed the Canadian supplier to purchase and re-supply Dunn and Conrad with more narwhal tusks that they could then re-sell. Dunn sold approximately $1.1 million worth of narwhal tusks and Conrad sold between $400,000 and $1 million worth of narwhal tusks as members of the conspiracy.
“In this conspiracy, Dunn and Conrad flouted U.S. law and international agreements that protect marine mammals like the narwhal from commercial exploitation,” said Acting Assistant Attorney General Dreher. “If left unchecked, this illegal trade has the potential to irreparably harm the species. The Justice Department will continue to investigate and prosecute wildlife traffickers in order to protect these species for future generations to enjoy.”
“The cooperation between Service and NOAA investigators and between the United States and Canada that led to these prosecutions reflects the type of partnerships needed to protect narwhals and other species worldwide from wildlife trafficking,” said William C. Woody, Assistant Director for Law Enforcement for the U.S. Fish and Wildlife Service.
“NOAA OLE takes the unlawful importation of protected marine mammals very seriously,” said NOAA-Office of Law Enforcement Special Agent in Charge Logan Gregory. “NOAA OLE will continue to investigate those who unlawfully import marine mammal products and profit from marine protected species such as the narwhal.”
“This investigation uncovered and dismantled a wildlife trafficking network that spanned from New Brunswick to Tennessee and reached as far as Alaska,” said Karen Loeffler, U.S. Attorney for the District of Alaska. “The results reached demonstrate the close cooperation between the United States and Canada and their law enforcement officers whose duty it is to investigate, stop and deter those who illegally target diminishing wildlife resources and do so for commercial gain.”
A narwhal is a medium-sized whale with an extremely long tusk that projects from its upper left jaw. Narwhals are marine mammals protected by the Marine Mammal Protection Act and are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of marine mammals into the United States without the requisite permits/certifications, and without declaring the merchandise at the time of importation to U.S. Customs and the U.S. Fish and Wildlife Service. Narwhal tusks are commonly collected for display purposes and can fetch large sums of money.
Dunn is scheduled to be sentenced by U.S. District Judge Ralph R. Beistline in the District of Alaska on March 20, 2014. The maximum penalty Dunn faces for conspiring to illegally traffic, and trafficking, narwhal tusks is five years of incarceration and a fine of $250,000. The maximum penalty Conrad faces for conspiring to illegally import and illegally traffic narwhal tusks, conspiring to commit money laundering crimes and illegally trafficking narwhal tusks is twenty years of incarceration and a fine of $250,000. The trial of Co-defendant Andrew J. Zarauskas is set to begin in Bangor, Maine, on February 4, 2014. Co-defendant Gregory R. Logan is pending extradition from Canada to the District of Maine.
These cases are part of Operation Nanook, a multi-agency effort to detect, deter and prosecute those engaged in the unlawful trafficking of narwhal tusks. The cases were investigated by agents from National Oceanic and Atmospheric Administration - Office of Law Enforcement and the U.S. Fish and Wildlife Service - Office of Law Enforcement, with extensive support and collaboration from Environment Canada, Wildlife Enforcement. The cases are being prosecuted by Trial Attorney Todd S. Mikolop of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Steven E. Skrocki of the District of Alaska.
Monday, December 9, 2013
ANTIQUES DEALER SENTENCED TO PRISON FOR SMUGGLING ARTIFACTS MADE FROM RHINOCEROS HORNS
FROM: U.S. JUSTICE DEPARTMENT
Thursday, December 5, 2013
New York Antiques Dealer Sentenced to 37 Months in Prison for Wildlife Smuggling
Wang Smuggled Artifacts Carved from Rhinoceros Horns from New York to China.
Qiang Wang, aka Jeffrey Wang, a New York antiques dealer, was sentenced in federal court in Manhattan today to 37 months in prison to be followed by three years of supervised release for conspiracy to smuggle Asian artifacts made from rhinoceros horns and ivory and violate wildlife trafficking laws, announced Robert G. Dreher, the Acting Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, Preet Bharara, U.S. Attorney for the Southern District of New York, and Dan Ashe, Director of the U.S. Fish and Wildlife Service.
Wang was arrested in February 2013 as part of “Operation Crash,” a nation-wide crackdown in the illegal trafficking in rhinoceros horns, for his role in smuggling “libation cups” carved from rhinoceros horns from New York to China. Wang was sentenced today by U.S. District Judge Katherine B. Forrest of the Southern District of New York.
“Smuggling wildlife artifacts made from rhino horn and elephant ivory undermines the international conservation protections put in place to save these species from extinction ,” said Acting Assistant Attorney General Dreher. “This is an active and ongoing investigation that is designed to send a clear message to buyers and sellers that we will vigorousl y investigate and prosecute those who are involved in this devastating trade.”
“With his sentence today, Qiang Wang is held accountable for his role in feeding the flourishing black market for artifacts made from endangered species,” said U.S. Attorney Bharara. “This Office will continue its work to prosecute those who contribute to the illegal wildlife trade, and to uphold the rules designed to protect wildlife.”
“ We’re reaching a tipping point, where the unprecedented slaughter of rhinos and elephants happening now threatens the viability of these iconic species’ wild populations in Africa,” said U.S. Fish and Wildlife Service Director Dan Ashe. “.This slaughter is fueled by illegal trade, including that exposed by Operation Crash. We will continue to work relentlessly across the United States government and with our international partners to crack down on poaching and wildlife trafficking.”
According to the information, plea agreement and statements made during court proceedings:
In China, there is a tradition dating back centuries of intricately carving rhinoceros horn cups. Drinking from such a cup was believed by some to bring good health, and antique carvings are highly prized by collectors. Libation cups and other ornamental carvings are particularly sought after in China and in other Asian countries, as well as in the United States. The escalating value of such items has resulted in an increased demand for rhinoceros horn that has helped fuel a thriving black market, including fake antiques made from more recently hunted rhinoceros.
In pleading guilty, Wang admitted to participating in a conspiracy to smuggle objects carved from rhinoceros horn and elephant ivory out of the United States knowing that it was illegal to export such items without required permits. Due to their dwindling populations, all rhinoceros and elephant species are protected under international trade agreements. Wang falsely labeled the packages in order to conceal the true contents and did not declare them as required. Special Agents with the U.S Fish & Wildlife Service executed a search of Wang’s apartment in Flushing, New York, and found documents showing Wang was involved in buying rhino horn and ivory artifacts and smuggling them to China. Agents seized two ivory carvings, including one found hidden behind Wang’s bed that were forfeited as part of the sentence. Numerous photographs of raw and carved rhinoceros horn, including approximately 10 different raw rhinoceros horns, were found on Wang’s computer and telephone consistent with a common practice of emailing or texting photographs of items for sale in order to receive instructions on whether to purchase the items and how much to pay. According to prosecutors, Wang had told other dealers that he was seeking raw rhino horns to send to China.
In sentencing Wang , Judge Forrest said that his behavior helped “create and sustain a marketplace for goods made from endangered wildlife.” Judge Forrest also said that Wang’s conduct was “illegal and extremely troubling.”
In addition to the prison term, Judge Forrest ordered Wang, 34, of Flushing, N.Y., to forfeit certain ivory goods in his possession, and banned him from all future trade in elephant ivory and rhino horn. Wang was also sentenced to serve a term of three years of supervised release.
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.
Operation Crash is a continuing investigation being conducted by the Department of the Interior’s Fish and Wildlife Service (FWS), in coordination with other federal and local law enforcement agencies including U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.
The investigation by was handled by the U.S. Fish & Wildlife Service, U.S. Attorney’s Office Complex Frauds Unit and the Justice Department’s Environmental Crimes Section, with assistance from the New York State Department of Environmental Conservation . Assistant U.S. Attorney Janis M. Echenberg and Senior Counsel Richard A. Udell of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.
Thursday, December 5, 2013
New York Antiques Dealer Sentenced to 37 Months in Prison for Wildlife Smuggling
Wang Smuggled Artifacts Carved from Rhinoceros Horns from New York to China.
Qiang Wang, aka Jeffrey Wang, a New York antiques dealer, was sentenced in federal court in Manhattan today to 37 months in prison to be followed by three years of supervised release for conspiracy to smuggle Asian artifacts made from rhinoceros horns and ivory and violate wildlife trafficking laws, announced Robert G. Dreher, the Acting Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, Preet Bharara, U.S. Attorney for the Southern District of New York, and Dan Ashe, Director of the U.S. Fish and Wildlife Service.
Wang was arrested in February 2013 as part of “Operation Crash,” a nation-wide crackdown in the illegal trafficking in rhinoceros horns, for his role in smuggling “libation cups” carved from rhinoceros horns from New York to China. Wang was sentenced today by U.S. District Judge Katherine B. Forrest of the Southern District of New York.
“Smuggling wildlife artifacts made from rhino horn and elephant ivory undermines the international conservation protections put in place to save these species from extinction ,” said Acting Assistant Attorney General Dreher. “This is an active and ongoing investigation that is designed to send a clear message to buyers and sellers that we will vigorousl y investigate and prosecute those who are involved in this devastating trade.”
“With his sentence today, Qiang Wang is held accountable for his role in feeding the flourishing black market for artifacts made from endangered species,” said U.S. Attorney Bharara. “This Office will continue its work to prosecute those who contribute to the illegal wildlife trade, and to uphold the rules designed to protect wildlife.”
“ We’re reaching a tipping point, where the unprecedented slaughter of rhinos and elephants happening now threatens the viability of these iconic species’ wild populations in Africa,” said U.S. Fish and Wildlife Service Director Dan Ashe. “.This slaughter is fueled by illegal trade, including that exposed by Operation Crash. We will continue to work relentlessly across the United States government and with our international partners to crack down on poaching and wildlife trafficking.”
According to the information, plea agreement and statements made during court proceedings:
In China, there is a tradition dating back centuries of intricately carving rhinoceros horn cups. Drinking from such a cup was believed by some to bring good health, and antique carvings are highly prized by collectors. Libation cups and other ornamental carvings are particularly sought after in China and in other Asian countries, as well as in the United States. The escalating value of such items has resulted in an increased demand for rhinoceros horn that has helped fuel a thriving black market, including fake antiques made from more recently hunted rhinoceros.
In pleading guilty, Wang admitted to participating in a conspiracy to smuggle objects carved from rhinoceros horn and elephant ivory out of the United States knowing that it was illegal to export such items without required permits. Due to their dwindling populations, all rhinoceros and elephant species are protected under international trade agreements. Wang falsely labeled the packages in order to conceal the true contents and did not declare them as required. Special Agents with the U.S Fish & Wildlife Service executed a search of Wang’s apartment in Flushing, New York, and found documents showing Wang was involved in buying rhino horn and ivory artifacts and smuggling them to China. Agents seized two ivory carvings, including one found hidden behind Wang’s bed that were forfeited as part of the sentence. Numerous photographs of raw and carved rhinoceros horn, including approximately 10 different raw rhinoceros horns, were found on Wang’s computer and telephone consistent with a common practice of emailing or texting photographs of items for sale in order to receive instructions on whether to purchase the items and how much to pay. According to prosecutors, Wang had told other dealers that he was seeking raw rhino horns to send to China.
In sentencing Wang , Judge Forrest said that his behavior helped “create and sustain a marketplace for goods made from endangered wildlife.” Judge Forrest also said that Wang’s conduct was “illegal and extremely troubling.”
In addition to the prison term, Judge Forrest ordered Wang, 34, of Flushing, N.Y., to forfeit certain ivory goods in his possession, and banned him from all future trade in elephant ivory and rhino horn. Wang was also sentenced to serve a term of three years of supervised release.
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.
Operation Crash is a continuing investigation being conducted by the Department of the Interior’s Fish and Wildlife Service (FWS), in coordination with other federal and local law enforcement agencies including U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.
The investigation by was handled by the U.S. Fish & Wildlife Service, U.S. Attorney’s Office Complex Frauds Unit and the Justice Department’s Environmental Crimes Section, with assistance from the New York State Department of Environmental Conservation . Assistant U.S. Attorney Janis M. Echenberg and Senior Counsel Richard A. Udell of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.
Friday, May 24, 2013
HUNTER INDICTED FOR ILLEGALLY SELLING ELEPHANT TUSKS
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, May 22, 2013
African Trophy Hunter Indicted for Violating Endangered Species Act and Lacey Act
Charles Kokesh was indicted by a federal grand jury in Pensacola, Florida, for violating the Endangered Species Act and the Lacey Act by selling two African elephant tusks and for making false accounts of wildlife related to that sale, the Justice Department announced today.
The three count indictment returned yesterday alleges that Kokesh legally imported a sport-hunted African elephant trophy mount from Namibia, but thereafter illegally sold the two tusks, from New Mexico to a buyer in Florida. The sale price was approximately $8,100, to be paid in a combination of currency and guns. After the sale, Kokesh allegedly falsely described that sale, in an email to personnel at the U.S. Fish and Wildlife Service, as a shipment to an appraiser in anticipation of a donation to a non-profit entity. Kokesh similarly falsely accounted for the location and disposition of the tusks in subsequent correspondence. Each false account and record is charged under the Lacey Act.
African elephants are protected under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Both the United States and Namibia are signatories to CITES. African elephant populations in Namibia are listed in Appendix II of CITES, which includes species that are not necessarily threatened with extinction now, but may become so unless trade in specimens of such species is strictly regulated. Since 2000, the Namibian African elephant listing has specified that the species cannot be used for commercial purposes.
The United States implements CITES through the Endangered Species Act and regulations issued thereunder. To implement the CITES prohibition against commercial use of African elephant specimens, regulations issued under the Endangered Species Act proscribe the commercial use, including sale, of sport-hunted African elephant trophies, even if the trophies are legally hunted and imported.
According to a recent report produced by CITES and partner organizations, entitled "Elephants in the Dust –The African Elephant Crisis," populations of elephants in Africa are under severe threat as the illegal trade in ivory grows – with the number of elephants killed doubling and the amount of ivory seized tripling over the last decade. An estimated 17,000 elephants were illegally killed in 2011 to feed the illegal trade.
An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.
The maximum penalty for the charged violation of the Endangered Species Act is up to six months in prison and a $25,000 fine. The maximum penalty for making a false statement is up to five years in prison and a $250,000 fine.
The case was investigated by the U.S. Fish and Wildlife Service and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and the U.S. Attorney’s Office for the Northern District of Florida.
Wednesday, May 22, 2013
African Trophy Hunter Indicted for Violating Endangered Species Act and Lacey Act
Charles Kokesh was indicted by a federal grand jury in Pensacola, Florida, for violating the Endangered Species Act and the Lacey Act by selling two African elephant tusks and for making false accounts of wildlife related to that sale, the Justice Department announced today.
The three count indictment returned yesterday alleges that Kokesh legally imported a sport-hunted African elephant trophy mount from Namibia, but thereafter illegally sold the two tusks, from New Mexico to a buyer in Florida. The sale price was approximately $8,100, to be paid in a combination of currency and guns. After the sale, Kokesh allegedly falsely described that sale, in an email to personnel at the U.S. Fish and Wildlife Service, as a shipment to an appraiser in anticipation of a donation to a non-profit entity. Kokesh similarly falsely accounted for the location and disposition of the tusks in subsequent correspondence. Each false account and record is charged under the Lacey Act.
African elephants are protected under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Both the United States and Namibia are signatories to CITES. African elephant populations in Namibia are listed in Appendix II of CITES, which includes species that are not necessarily threatened with extinction now, but may become so unless trade in specimens of such species is strictly regulated. Since 2000, the Namibian African elephant listing has specified that the species cannot be used for commercial purposes.
The United States implements CITES through the Endangered Species Act and regulations issued thereunder. To implement the CITES prohibition against commercial use of African elephant specimens, regulations issued under the Endangered Species Act proscribe the commercial use, including sale, of sport-hunted African elephant trophies, even if the trophies are legally hunted and imported.
According to a recent report produced by CITES and partner organizations, entitled "Elephants in the Dust –The African Elephant Crisis," populations of elephants in Africa are under severe threat as the illegal trade in ivory grows – with the number of elephants killed doubling and the amount of ivory seized tripling over the last decade. An estimated 17,000 elephants were illegally killed in 2011 to feed the illegal trade.
An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.
The maximum penalty for the charged violation of the Endangered Species Act is up to six months in prison and a $25,000 fine. The maximum penalty for making a false statement is up to five years in prison and a $250,000 fine.
The case was investigated by the U.S. Fish and Wildlife Service and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and the U.S. Attorney’s Office for the Northern District of Florida.
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