FROM: U.S. JUSTICE DEPARTMENT
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, January 21, 2015
Thirteen Commercial Fishermen Charged in North Carolina with Illegally Harvesting and Selling Atlantic Striped Bass
Thirteen commercial fishermen in North Carolina and Georgia have been charged in federal court in Raleigh, North Carolina, for their role in the illegal harvest and sale and false reporting of approximately 90,000 pounds of Atlantic striped bass from federal waters off the coast of North Carolina during 2009 and 2010, the Justice Department announced today. The average retail value of the illegally harvested striped bass is approximately $1.1 million.
This investigation began as a result of the U.S. Coast Guard boarding of the fishing vessel Lady Samaira in February 2010, based on a complaint that multiple vessels were fishing Striped Bass illegally. The individuals have been charged with violating the Lacey Act, which is a federal law that prohibits individuals from transporting, selling or buying fish and wildlife harvested illegally. Additionally, 11 of these fishermen also have been charged with filing false reports in connection with the illegally harvested fish. One of the fishermen is also charged with obstruction of a proceeding before a federal agency. Specifically, the indictments allege that the commercial fishermen transported and sold Atlantic striped bass, knowing that they were unlawfully harvested from federal waters off the coast of North Carolina. In an effort to hide their illegal fishing activities, these fishermen falsely reported harvesting these fish from state waters, where it would have been legal.
“The illegal poaching of striped bass by commercial fishermen can have a huge collective impact on the fish resource and has the potential to devastate the future livelihoods of law abiding commercial fishermen,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The vast majority of fishermen do respect the law and carefully monitor their harvest to ensure they stay within the well-researched limits. Those who deliberately break the law will be prosecuted.”
“The Atlantic Striped Bass fishery is extremely important to the economy of the State of North Carolina as well as our sister States along the Atlantic seaboard, and it represents a success in species recovery thanks to conservation, management, and law-abiding fishermen,” said U.S. Attorney for the Eastern District of North Carolina Thomas G. Walker. “Illegal harvesting of this protected species and submitting false reports to federal agencies undermine those efforts and adversely impact our entire coastal communities.”
All of the defendants are licensed by the state of North Carolina and the National Oceanic and Atmospheric Administration (NOAA) to fish in state waters only for striped bass.
In early spring each year, wild coastal striped bass, Morone saxatilis, known regionally as “rockfish,” “striper” or “rock,” enter the estuary or river where they were born to spawn and then return to ocean waters to live, migrating along the coastline. They may live up to 30 years and reach 50 pounds or more. The population of coastal Atlantic striped bass depends heavily upon the capability of older, larger, female striped bass to successfully reproduce.
Under federal law, Atlantic striped bass may not be harvested from or possessed in federal waters. This ban on fishing for Atlantic striped bass in federal waters has been in place since 1990 due to drastic declines of the stock that occurred in the 1970’s. North Carolina allows fishermen to harvest fish from state waters, but often limits fishermen to no more than 100 fish per fishing trip. Commercial fishermen are required to report on a fishing vessel trip report the fish harvested from state waters; that report is then submitted to NOAA’s National Marine Fisheries Service (NMFS). NOAA uses the information on this report to assess the fishery and its sustainability throughout the eastern seaboard.
According to the Atlantic Marine Fisheries Commission, “striped bass have formed the basis of one of the most important fisheries on the Atlantic coast for centuries. Early records recount their abundance as being so great at one time they were used to fertilize fields. However, overfishing and poor environmental conditions lead to the collapse of the fishery in the 1980s.”
The North Carolina Division of Marine Fisheries, along with other states, has reduced, twenty-five percent, the catch limits for the 2015 striped bass commercial fishing season in the Atlantic Ocean and Albemarle Sound/Roanoke River areas, citing a decline in stocks. The division cited 2013 surveys revealing that the female spawning stock has been steadily declining. The reduction applies to all commercial and recreational striped bass fishing for all the eastern coastal states.
A criminal indictment is not a finding of guilt. An individual charged by criminal indictment is presumed innocent unless and until proven guilty in a court of law.
The Lacey Act makes it unlawful for a person to transport or sell fish that were taken in violation of any law or regulation of the United States and carries a maximum penalty of five years in prison and a fine of up to $250,000, plus the potential forfeiture of the vessels and vehicles used in committing the offense.
The charges are a result of the investigation by the Law Enforcement Offices of NOAA, with assistance of the Investigative Service from the U.S. Coast Guard, the North Carolina Marine Patrol, and the Virginia Marine Police. These cases are being prosecuted primarily by Trial Attorney Shennie Patel of the Justice Department’s Environment and Natural Resources Division’s Environmental Crimes Section and U.S. Attorney Banumathi Rangarajan.
Showing posts with label LACEY ACT. Show all posts
Showing posts with label LACEY ACT. Show all posts
Tuesday, January 27, 2015
Monday, August 18, 2014
MAN PLEADS GUILTY TO CONSPIRACY IN CASE INVOLVING ILLEGAL MOUNTAIN LION AND BOBCAT HUNTS
FROM: U.S. JUSTICE DEPARTMENT
Friday, August 15, 2014
Big Game Hunting Outfitter Pleads Guilty to Felony Conspiracy Charge in Connection with Illegal Mountain Lion and Bobcat Hunting Activities
Christopher W. Loncarich, 55, of Mack, Colorado, pleaded guilty in federal court in Denver to a felony conspiracy charge stemming from his sale of outfitting services for illegal mountain lion and bobcat hunts in Colorado and Utah, the Justice Department announced.
Loncarich pleaded guilty to one count of conspiracy to violate the Lacey Act. The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife that has been taken or possessed in violation of state laws or regulations.
According to an indictment returned by the grand jury for the District of Colorado on Jan. 7, 2014, and the plea agreement, Loncarich conspired with others to provide numerous illegal hunts of mountain lions and bobcats in Colorado and Utah from 2007 to 2010. In particular, Loncarich and his confederates trapped, shot and caged mountain lions and bobcats prior to hunts in order to provide easier chases of the cats for clients. Loncarich also admits that he and his assistants guided several hunters that did not possess a Utah mountain lion or bobcat license on mountain lion or bobcat hunts in Utah. Loncarich’s base of operations in Mack, Colorado, is approximately five miles from the Utah-Colorado border. Loncarich sold mountain lion hunts for between $3,500 and $7,500 and bobcat hunts for between $700 and $1,500 and shared a portion of the proceeds from successful hunts with his assistant guides.
Three of Loncarich’s assistant guides have previously pleaded guilty to Lacey Act violations in connection with their guiding activities with Loncarich. On July 30, 2014, Loncarich’s lead assistant guide, Nicholaus J. Rodgers, pleaded guilty to felony conspiracy to violate the Lacey Act in connection with his work for Loncarich.
The maximum penalty for conspiring to violate the Lacey Act is five years in prison and a $250,000 fine. Under the terms of the plea agreement, the prosecution agreed to a sentencing calculation pursuant to the advisory United States Sentencing Guidelines but did not agree on a term of imprisonment, an amount of fines or an amount of restitution. A sentencing hearing for Loncarich is set for Nov. 20, 2014.
The case was investigated by the U.S. Fish & Wildlife Service, Colorado Parks and Wildlife and the Utah Division of Wildlife Resources. The case is being prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Friday, August 15, 2014
Big Game Hunting Outfitter Pleads Guilty to Felony Conspiracy Charge in Connection with Illegal Mountain Lion and Bobcat Hunting Activities
Christopher W. Loncarich, 55, of Mack, Colorado, pleaded guilty in federal court in Denver to a felony conspiracy charge stemming from his sale of outfitting services for illegal mountain lion and bobcat hunts in Colorado and Utah, the Justice Department announced.
Loncarich pleaded guilty to one count of conspiracy to violate the Lacey Act. The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife that has been taken or possessed in violation of state laws or regulations.
According to an indictment returned by the grand jury for the District of Colorado on Jan. 7, 2014, and the plea agreement, Loncarich conspired with others to provide numerous illegal hunts of mountain lions and bobcats in Colorado and Utah from 2007 to 2010. In particular, Loncarich and his confederates trapped, shot and caged mountain lions and bobcats prior to hunts in order to provide easier chases of the cats for clients. Loncarich also admits that he and his assistants guided several hunters that did not possess a Utah mountain lion or bobcat license on mountain lion or bobcat hunts in Utah. Loncarich’s base of operations in Mack, Colorado, is approximately five miles from the Utah-Colorado border. Loncarich sold mountain lion hunts for between $3,500 and $7,500 and bobcat hunts for between $700 and $1,500 and shared a portion of the proceeds from successful hunts with his assistant guides.
Three of Loncarich’s assistant guides have previously pleaded guilty to Lacey Act violations in connection with their guiding activities with Loncarich. On July 30, 2014, Loncarich’s lead assistant guide, Nicholaus J. Rodgers, pleaded guilty to felony conspiracy to violate the Lacey Act in connection with his work for Loncarich.
The maximum penalty for conspiring to violate the Lacey Act is five years in prison and a $250,000 fine. Under the terms of the plea agreement, the prosecution agreed to a sentencing calculation pursuant to the advisory United States Sentencing Guidelines but did not agree on a term of imprisonment, an amount of fines or an amount of restitution. A sentencing hearing for Loncarich is set for Nov. 20, 2014.
The case was investigated by the U.S. Fish & Wildlife Service, Colorado Parks and Wildlife and the Utah Division of Wildlife Resources. The case is being prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Wednesday, February 12, 2014
STATEMENTS ON COMBATING WILDLIFE TRAFFICKING STRATEGY
FROM: U.S. JUSTICE DEPARTMENT
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE Tuesday, February 11, 2014
Statements of Associate Attorney General Tony West and Acting Assistant Attorney General of Enrd on the National Strategy for Combatting Wildlife Trafficking
Today, the White House released the National Strategy for Combatting Wildlife Trafficking. The Department of Justice, along with the Departments of State and the Interior, are co-chairs of the U.S. Task Force established by President Obama to lead the implementation of this strategy. On Thursday, Associate Attorney General Tony West will lead the U.S. Delegation’s participation at the London Conference on the Illegal Wildlife Trade.
"The Department is pleased to be a part of this interagency approach to combating illegal wildlife trafficking,” said Associate Attorney General West. “Record high demand for wildlife products, coupled with inadequate preventative measures and weak institutions, has resulted in an explosion of illicit trade in wildlife in recent years, with the increasing involvement of organized transnational criminal syndicates. This trade undermines security, fuels corruption and contributes to the spread of disease, and it is decimating iconic animal populations. The National Strategy identifies priority areas for interagency coordination, with the objectives of harnessing and strategically applying the full breadth of U.S. government resources. Combating this problem will also require the shared understanding, commitment, and efforts of the world’s governments, intergovernmental organizations, NGOs, corporations, civil society and individuals. At this week’s London Conference on the Illegal Wildlife Trade, we hope other countries will join us in taking ambitious action to combat wildlife trafficking.”
The Department of Justice has long worked to protect threatened and endangered wildlife species through its enforcement of the Lacey Act and Endangered Species Act, as well as related criminal statutes.
“The president has called upon DOJ and more than a dozen other federal agencies to combine forces to more effectively battle this pernicious trade, which is growing at an alarming rate and threatens the survival of protected species both at home and abroad,” said Acting Assistant Attorney General Robert Dreher for the Environment and Natural Resources Division. “The release of today’s National Strategy to Combat Wildlife Trafficking is a welcome next step in our longstanding efforts to protect threatened and endangered wildlife species. Strong enforcement is critical to stopping those who kill and traffic in these animals, whether on land or in the oceans. At the same time, the Strategy recognizes that enforcement alone is not enough to stop traffickers. We must also work to reduce demand for illegal wildlife products. This is not a fight that the United States can win alone; under the Strategy, we will build relationships with local and global partners who share our commitment to ending wildlife trafficking.”
The Environmental Crimes Section of the Environment and Natural Resources Division and U.S. Attorneys’ Offices around the country bring criminal prosecutions under these laws against, for example, people who are found smuggling wildlife and plants into the United States. There is a major worldwide black market for some endangered species or products made from them. The main federal agencies that the Division represents in this area are the Fish and Wildlife Service and the National Marine Fisheries Service.
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE Tuesday, February 11, 2014
Statements of Associate Attorney General Tony West and Acting Assistant Attorney General of Enrd on the National Strategy for Combatting Wildlife Trafficking
Today, the White House released the National Strategy for Combatting Wildlife Trafficking. The Department of Justice, along with the Departments of State and the Interior, are co-chairs of the U.S. Task Force established by President Obama to lead the implementation of this strategy. On Thursday, Associate Attorney General Tony West will lead the U.S. Delegation’s participation at the London Conference on the Illegal Wildlife Trade.
"The Department is pleased to be a part of this interagency approach to combating illegal wildlife trafficking,” said Associate Attorney General West. “Record high demand for wildlife products, coupled with inadequate preventative measures and weak institutions, has resulted in an explosion of illicit trade in wildlife in recent years, with the increasing involvement of organized transnational criminal syndicates. This trade undermines security, fuels corruption and contributes to the spread of disease, and it is decimating iconic animal populations. The National Strategy identifies priority areas for interagency coordination, with the objectives of harnessing and strategically applying the full breadth of U.S. government resources. Combating this problem will also require the shared understanding, commitment, and efforts of the world’s governments, intergovernmental organizations, NGOs, corporations, civil society and individuals. At this week’s London Conference on the Illegal Wildlife Trade, we hope other countries will join us in taking ambitious action to combat wildlife trafficking.”
The Department of Justice has long worked to protect threatened and endangered wildlife species through its enforcement of the Lacey Act and Endangered Species Act, as well as related criminal statutes.
“The president has called upon DOJ and more than a dozen other federal agencies to combine forces to more effectively battle this pernicious trade, which is growing at an alarming rate and threatens the survival of protected species both at home and abroad,” said Acting Assistant Attorney General Robert Dreher for the Environment and Natural Resources Division. “The release of today’s National Strategy to Combat Wildlife Trafficking is a welcome next step in our longstanding efforts to protect threatened and endangered wildlife species. Strong enforcement is critical to stopping those who kill and traffic in these animals, whether on land or in the oceans. At the same time, the Strategy recognizes that enforcement alone is not enough to stop traffickers. We must also work to reduce demand for illegal wildlife products. This is not a fight that the United States can win alone; under the Strategy, we will build relationships with local and global partners who share our commitment to ending wildlife trafficking.”
The Environmental Crimes Section of the Environment and Natural Resources Division and U.S. Attorneys’ Offices around the country bring criminal prosecutions under these laws against, for example, people who are found smuggling wildlife and plants into the United States. There is a major worldwide black market for some endangered species or products made from them. The main federal agencies that the Division represents in this area are the Fish and Wildlife Service and the National Marine Fisheries Service.
Thursday, January 30, 2014
PIRANHA IMPORTER PLEADS GUILTY TO IMPORT VIOLATIONS
FROM: JUSTICE DEPARTMENT
Wednesday, January 29, 2014
Tropical Fish Importer Pleads Guilty in New York Federal Court to Piranha Import Violations
Joel Rakower, along with his solely-owned corporation, Transship Discounts Ltd., pleaded guilty today in federal court in Brooklyn, N.Y., to violating the Lacey Act by mislabeling imported piranhas, announced Acting Assistant Attorney General Robert G. Dreher for the Environment and Natural Resources Division of the Department of Justice and Queens County District Attorney Richard A. Brown.
In the plea agreement, Rakower admitted that his company purchased piranhas from a Hong Kong tropical fish supplier and imported them to Queens, N.Y. Each such import must be accompanied by a packing list describing what wildlife is contained in the package being imported, and the importer must provide this packing list to the United States Fish and Wildlife Service upon import for inspection. In March of 2011, shortly after New York City prohibited possession of piranhas, Rakower instructed the foreign supplier to falsely label the piranhas on packing lists as silver tetras, a common and unaggressive aquarium fish. Over the course of 2011 and 2012, Transship submitted packing lists to the Fish and Wildlife Service containing false identifications of 39,548 piranhas, worth approximately $37,376, which Transship then sold to fish retailers in several states.
“Rakower flouted federal laws meant to protect people and the environment from the illegal trade in wildlife species,” said Acting Assistant Attorney General Dreher. “Mislabeling imported wildlife presents dangers to the public and the environment and we will continue to prosecute these cases.”
Under the plea agreements, Rakower agreed to pay a $3,000 fine. Transship agreed to serve a two-year period of probation, pay a $35,000 fine and pay $35,000 in restitution to the State of New York’s Department of Environmental Conservation Division of Law Enforcement. Both parties will be sentenced on April 24, 2014.
Piranhas are freshwater fish originating from South American rivers such as the Amazon, Orinoco, Guyana and the Sao Francisco river systems. Piranhas are extremely aggressive and territorial, feeding on insects, fish, and larger prey such as amphibians, reptiles and mammals. As a result of piranhas’ aggressiveness, 25 states have either banned or regulated piranhas, making them illegal to own or sell. Piranhas, an injurious species, could pose a serious risk if they escaped into native water systems, potentially damaging ecosystems through aggressive predation or injuring people or pets. Tropical fish enthusiasts can contribute to this possibility by releasing piranhas into the wild when they grow too large for a tank. Although piranhas originate from tropical waters, they are able to withstand much cooler water temperatures, creating fear that they may even become established in more northern US waters. Effective regulation of piranha possession and sales within the United States depends on accurate reporting of piranha imports; concealing the fish upon import facilitates their entry into the black market in states that have banned or strictly regulated piranhas to protect state waters and ecosystems.
“Driven by greed and without regard for the health and safety of people or the environment, the defendant and his company illegally trafficked in piranha by falsely labeling the imported predatory freshwater fish as being silver tetras, a far more benign fish often kept in home aquariums and having a far less street value than piranha,” said District Attorney Brown. “I thank the New York State Department of Environmental Conservation and our federal colleagues – the U.S. Fish and Wildlife Service and the United States Department of Justice’s Environment and Natural Resources Division – for providing a reasonable and appropriate resolution of the case.”
This case was investigated by the United States Fish and Wildlife Service in conjunction with the New York State Department of Environmental Conservation Division of Law Enforcement, and is being prosecuted by Cassandra Barnum, a trial attorney in the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division.
Wednesday, January 29, 2014
Tropical Fish Importer Pleads Guilty in New York Federal Court to Piranha Import Violations
Joel Rakower, along with his solely-owned corporation, Transship Discounts Ltd., pleaded guilty today in federal court in Brooklyn, N.Y., to violating the Lacey Act by mislabeling imported piranhas, announced Acting Assistant Attorney General Robert G. Dreher for the Environment and Natural Resources Division of the Department of Justice and Queens County District Attorney Richard A. Brown.
In the plea agreement, Rakower admitted that his company purchased piranhas from a Hong Kong tropical fish supplier and imported them to Queens, N.Y. Each such import must be accompanied by a packing list describing what wildlife is contained in the package being imported, and the importer must provide this packing list to the United States Fish and Wildlife Service upon import for inspection. In March of 2011, shortly after New York City prohibited possession of piranhas, Rakower instructed the foreign supplier to falsely label the piranhas on packing lists as silver tetras, a common and unaggressive aquarium fish. Over the course of 2011 and 2012, Transship submitted packing lists to the Fish and Wildlife Service containing false identifications of 39,548 piranhas, worth approximately $37,376, which Transship then sold to fish retailers in several states.
“Rakower flouted federal laws meant to protect people and the environment from the illegal trade in wildlife species,” said Acting Assistant Attorney General Dreher. “Mislabeling imported wildlife presents dangers to the public and the environment and we will continue to prosecute these cases.”
Under the plea agreements, Rakower agreed to pay a $3,000 fine. Transship agreed to serve a two-year period of probation, pay a $35,000 fine and pay $35,000 in restitution to the State of New York’s Department of Environmental Conservation Division of Law Enforcement. Both parties will be sentenced on April 24, 2014.
Piranhas are freshwater fish originating from South American rivers such as the Amazon, Orinoco, Guyana and the Sao Francisco river systems. Piranhas are extremely aggressive and territorial, feeding on insects, fish, and larger prey such as amphibians, reptiles and mammals. As a result of piranhas’ aggressiveness, 25 states have either banned or regulated piranhas, making them illegal to own or sell. Piranhas, an injurious species, could pose a serious risk if they escaped into native water systems, potentially damaging ecosystems through aggressive predation or injuring people or pets. Tropical fish enthusiasts can contribute to this possibility by releasing piranhas into the wild when they grow too large for a tank. Although piranhas originate from tropical waters, they are able to withstand much cooler water temperatures, creating fear that they may even become established in more northern US waters. Effective regulation of piranha possession and sales within the United States depends on accurate reporting of piranha imports; concealing the fish upon import facilitates their entry into the black market in states that have banned or strictly regulated piranhas to protect state waters and ecosystems.
“Driven by greed and without regard for the health and safety of people or the environment, the defendant and his company illegally trafficked in piranha by falsely labeling the imported predatory freshwater fish as being silver tetras, a far more benign fish often kept in home aquariums and having a far less street value than piranha,” said District Attorney Brown. “I thank the New York State Department of Environmental Conservation and our federal colleagues – the U.S. Fish and Wildlife Service and the United States Department of Justice’s Environment and Natural Resources Division – for providing a reasonable and appropriate resolution of the case.”
This case was investigated by the United States Fish and Wildlife Service in conjunction with the New York State Department of Environmental Conservation Division of Law Enforcement, and is being prosecuted by Cassandra Barnum, a trial attorney in the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division.
Saturday, January 11, 2014
IRISH NATIONAL SENTENCED IN ENDANGERED RHINOCEROS HORN TRAFFICKING CASE
FROM: JUSTICE DEPARTMENT
Friday, January 10, 2014
Irish National Sentenced to Serve 14 Months in Prison for Trafficking of Endangered Rhinoceros Horns
Michael Slattery Jr., an Irish national, was sentenced in federal court in Brooklyn, N.Y., today to serve 14 months in prison to be followed by three years of supervised release, for conspiracy to violate the Lacey Act in relation to illegal rhinoceros horn trafficking, announced Acting Assistant Attorney General Robert G. Dreher for the Environment and Natural Resources Division of the Department of Justice, U.S. Attorney Loretta E. Lynch for the Eastern District of New York, and Director Dan Ashe of the U.S. Fish and Wildlife Service. Slattery was also sentenced to pay a $10,000 fine and forfeit $50,000 of proceeds from his illegal trade in rhino horns.
Slattery was arrested in September 2013 as part of “Operation Crash,” a nation-wide crackdown in the illegal trafficking in rhinoceros horns, for his role in trafficking raw rhinoceros horns from Texas to customers in New York. Slattery was sentenced today by U.S. District Judge John Gleeson of the Eastern District of New York.
“Mr. Slattery is today being held accountable for his participation in the illegal trade in wildlife species and products, which threatens the very existence of highly-endangered rhino species,” said Acting Assistant Attorney General Dreher. “We will continue this active and ongoing investigation and wish to send a clear message to buyers and sellers that we will vigorousl y prosecute those who are involved in this devastating trade.
“We take seriously our obligation to protect these links to the Earth’s prehistoric past,” said U.S. Attorney Lynch. “Michael Slattery’s actions were part of the exploitation and decimation of these animals from their only known predator – man. He is now being held to account for his actions in furthering this devastating trade.”
“ 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 Director 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 and Vietnam, rhinoceros horns are highly prized because they are believed to have medicinal value. The escalating value of the horns has resulted in an increased demand that has helped fuel a thriving black market.
In pleading guilty, Slattery admitted to participating in a conspiracy to travel to and within the United States to purchase rhinoceros horns, which he, along with others, then resold to private individuals or consigned to auction houses in the United States, knowing that the interstate purchase and sale of the horns was illegal. Due to their dwindling populations, all rhinoceros species are protected under international trade agreements.
Rhinoceros are a 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 was handled by the U.S. Fish & Wildlife Service, the U.S. Attorney’s Office for the Eastern District of New York and the Justice Department’s Environmental Crimes Section. Assistant U.S. Attorney Julia Nestor and Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.
Friday, January 10, 2014
Irish National Sentenced to Serve 14 Months in Prison for Trafficking of Endangered Rhinoceros Horns
Michael Slattery Jr., an Irish national, was sentenced in federal court in Brooklyn, N.Y., today to serve 14 months in prison to be followed by three years of supervised release, for conspiracy to violate the Lacey Act in relation to illegal rhinoceros horn trafficking, announced Acting Assistant Attorney General Robert G. Dreher for the Environment and Natural Resources Division of the Department of Justice, U.S. Attorney Loretta E. Lynch for the Eastern District of New York, and Director Dan Ashe of the U.S. Fish and Wildlife Service. Slattery was also sentenced to pay a $10,000 fine and forfeit $50,000 of proceeds from his illegal trade in rhino horns.
Slattery was arrested in September 2013 as part of “Operation Crash,” a nation-wide crackdown in the illegal trafficking in rhinoceros horns, for his role in trafficking raw rhinoceros horns from Texas to customers in New York. Slattery was sentenced today by U.S. District Judge John Gleeson of the Eastern District of New York.
“Mr. Slattery is today being held accountable for his participation in the illegal trade in wildlife species and products, which threatens the very existence of highly-endangered rhino species,” said Acting Assistant Attorney General Dreher. “We will continue this active and ongoing investigation and wish to send a clear message to buyers and sellers that we will vigorousl y prosecute those who are involved in this devastating trade.
“We take seriously our obligation to protect these links to the Earth’s prehistoric past,” said U.S. Attorney Lynch. “Michael Slattery’s actions were part of the exploitation and decimation of these animals from their only known predator – man. He is now being held to account for his actions in furthering this devastating trade.”
“ 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 Director 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 and Vietnam, rhinoceros horns are highly prized because they are believed to have medicinal value. The escalating value of the horns has resulted in an increased demand that has helped fuel a thriving black market.
In pleading guilty, Slattery admitted to participating in a conspiracy to travel to and within the United States to purchase rhinoceros horns, which he, along with others, then resold to private individuals or consigned to auction houses in the United States, knowing that the interstate purchase and sale of the horns was illegal. Due to their dwindling populations, all rhinoceros species are protected under international trade agreements.
Rhinoceros are a 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 was handled by the U.S. Fish & Wildlife Service, the U.S. Attorney’s Office for the Eastern District of New York and the Justice Department’s Environmental Crimes Section. Assistant U.S. Attorney Julia Nestor and Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.
Sunday, November 24, 2013
4 FISHERMEN INDICTED FOR INTERSTATE SALE OF STRIPED BASS
FROM: U.S. JUSTICE DEPARTMENT
Thursday, November 21, 2013
Four Commercial Fishermen Indicted in Maryland for Illegal Harvest and Interstate Sale of Striped Bass from Chesapeake Bay
One Charged with Threatening Retaliation and Witnesses Tampering During Investigation
Four commercial fishermen and one company were indicted yesterday by a federal grand jury in Baltimore for a criminal conspiracy involving the illegal harvesting and interstate sale of striped bass on the Chesapeake Bay, announced Robert G. Dreher, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, and Rod J. Rosenstein, U.S. Attorney for the District of Maryland.
According to court documents, Michael D. Hayden Jr., his company, William J. Lednum, Kent Sadler and Daniel Murphy engaged in a multi-year conspiracy during which time they harvested tens of thousands of pounds of striped bass on the Chesapeake Bay in violation of Maryland fishing regulations, falsified documents filed with the State of Maryland, and then transported and sold those poached fish in interstate commerce. In addition, after the investigation of these crimes began, it is alleged that Hayden attempted to manipulate some witnesses’ testimony while trying to outright prevent the testimony and cooperation of others. In addition, it is alleged that in at least one incident, Hayden threatened to retaliate against another potential witness he believed to be cooperating with investigators. Hayden was arrested on Sept. 17, 2013, having been charged in a criminal complaint with several counts of witness intimidation and retaliation.
The 26-count indictment charges the defendants with conspiracy, and Lacey Act violations. These charges carry possible terms of incarceration of five years. In addition, the witness intimidation/retaliation charges against Mr. Hayden each carry a maximum-term of 20 years in prison.
An indictment is a charging document and all defendants are innocent until proven guilty.
This case is being investigated by criminal investigators with the Maryland Department of Natural Resources, Natural Resources Police and Special Agents from the U.S. Fish and Wildlife Service. The case is being jointly prosecuted by the United States Attorney’s Office for the District of Maryland and the Environmental Crimes Section of the United States Department of Justice.
Thursday, November 21, 2013
Four Commercial Fishermen Indicted in Maryland for Illegal Harvest and Interstate Sale of Striped Bass from Chesapeake Bay
One Charged with Threatening Retaliation and Witnesses Tampering During Investigation
Four commercial fishermen and one company were indicted yesterday by a federal grand jury in Baltimore for a criminal conspiracy involving the illegal harvesting and interstate sale of striped bass on the Chesapeake Bay, announced Robert G. Dreher, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, and Rod J. Rosenstein, U.S. Attorney for the District of Maryland.
According to court documents, Michael D. Hayden Jr., his company, William J. Lednum, Kent Sadler and Daniel Murphy engaged in a multi-year conspiracy during which time they harvested tens of thousands of pounds of striped bass on the Chesapeake Bay in violation of Maryland fishing regulations, falsified documents filed with the State of Maryland, and then transported and sold those poached fish in interstate commerce. In addition, after the investigation of these crimes began, it is alleged that Hayden attempted to manipulate some witnesses’ testimony while trying to outright prevent the testimony and cooperation of others. In addition, it is alleged that in at least one incident, Hayden threatened to retaliate against another potential witness he believed to be cooperating with investigators. Hayden was arrested on Sept. 17, 2013, having been charged in a criminal complaint with several counts of witness intimidation and retaliation.
The 26-count indictment charges the defendants with conspiracy, and Lacey Act violations. These charges carry possible terms of incarceration of five years. In addition, the witness intimidation/retaliation charges against Mr. Hayden each carry a maximum-term of 20 years in prison.
An indictment is a charging document and all defendants are innocent until proven guilty.
This case is being investigated by criminal investigators with the Maryland Department of Natural Resources, Natural Resources Police and Special Agents from the U.S. Fish and Wildlife Service. The case is being jointly prosecuted by the United States Attorney’s Office for the District of Maryland and the Environmental Crimes Section of the United States Department of Justice.
Thursday, November 21, 2013
MAN PLEADS GUILTY IN CASE INVOLVING THE SALE OF SEA TURTLE MEAT
FROM: U.S. JUSTICE DEPARTMENT
Monday, November 18, 2013
Puerto Rico Man Pleads Guilty to Felony Violation of the Lacey Act for Illegal Sale of Sea Turtle Meat
SAN JUAN, Puerto Rico – Manuel Garcia-Figueroa, a resident of Playa Añasco, Puerto Rico, pleaded guilty to a bill of information charging him with a felony violation of the Lacey Act for the illegal sale of sea turtle meat, the Justice Department announced today.
According to the information filed in the U.S. District Court in Puerto Rico, Garcia-Figueroa knowingly sold more than $350 of meat and carapaces from endangered hawksbill sea turtles (Eretmochelys imbricata) and meat from a threatened green sea turtle (Chelonia mydas), while knowing that the sea turtles had been taken in violation of the Endangered Species Act (ESA). The illegal sales took place on or about Dec.11, 2009, to on or about Jan. 4, 2010, in and around Playa Añasco. The case resulted from a joint-undercover operation by the National Oceanic and Atmospheric Administration Office of Law Enforcement (NOAA-OLE) and the FBI.
All species of sea turtles found in the Gulf of Mexico, Atlantic Ocean, Caribbean Sea and waters adjacent to the United States are protected by the ESA. Sea turtles are long-lived and slow to reach maturity. Pressures from habitat loss, fishing operations, pollution, illegal harvesting of eggs, and poaching of adults exacerbate the extinction risk faced by these animals. In Puerto Rico, the green sea turtle (Chelonia mydas) is listed as “threatened” under the ESA; the hawksbill sea turtle (Eretmochelys imbricata) is listed as “endangered.”
The Lacey Act is the principal U.S. statute designed to reduce the role that wildlife poaching, selling, and smuggling plays in depleting protected species. Once an ESA-listed wildlife species is taken or possessed illegally, it is unlawful to “import, export, transport, sell, receive, acquire, or purchase” that species. A person commits a criminal violation of the Lacey Act if the illegal conduct involves the sale or purchase of wildlife with a market value in excess of $350, while knowing that the wildlife was taken in violation of or in a manner unlawful under, any underlying law, treaty, or regulation.
The waters around Puerto Rico are designated as a critical habitat for the hawksbill and the green sea turtle. The most significant nesting for the hawksbill within the U.S. occurs in Puerto Rico and the U.S. Virgin Islands. Each year, about 500-1,000 hawksbill nests are laid on Mona Island, Puerto Rico. The green sea turtle population has declined by 48-65 percent over the past century. Puerto Rico is also home to nesting sites for the endangered leatherback sea turtle, the largest species of turtle in the world.
The commonwealth of Puerto Rico contains six national wildlife refuges (Cabo Rojo, Culebra, Desecheo, Laguna Cartagena, Navassa Island and Vieques) and is home to 25 endangered and threatened animal species, 21 of which are found nowhere else on earth
In 2013, the Justice Department’s Environment and Natural Resources Division and the U.S. Attorney’s Office in Puerto Rico announced the formation of the Puerto Rico Environmental Crimes Task Force to investigate and prosecute environmental crimes on the island. Under the new task force, federal investigative agencies are coordinating their efforts to investigate and prosecute those responsible for committing serious environmental crimes.
The cases are being prosecuted by Trial Attorney Christopher Hale of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorneys Carmen Márquez and Hector Ramirez of the District of Puerto Rico. If convicted, the defendant faces a maximum sentence of five years in prison and a $250,000 fine.
Sentencing is scheduled for Feb. 18, 2014.
Monday, November 18, 2013
Puerto Rico Man Pleads Guilty to Felony Violation of the Lacey Act for Illegal Sale of Sea Turtle Meat
SAN JUAN, Puerto Rico – Manuel Garcia-Figueroa, a resident of Playa Añasco, Puerto Rico, pleaded guilty to a bill of information charging him with a felony violation of the Lacey Act for the illegal sale of sea turtle meat, the Justice Department announced today.
According to the information filed in the U.S. District Court in Puerto Rico, Garcia-Figueroa knowingly sold more than $350 of meat and carapaces from endangered hawksbill sea turtles (Eretmochelys imbricata) and meat from a threatened green sea turtle (Chelonia mydas), while knowing that the sea turtles had been taken in violation of the Endangered Species Act (ESA). The illegal sales took place on or about Dec.11, 2009, to on or about Jan. 4, 2010, in and around Playa Añasco. The case resulted from a joint-undercover operation by the National Oceanic and Atmospheric Administration Office of Law Enforcement (NOAA-OLE) and the FBI.
All species of sea turtles found in the Gulf of Mexico, Atlantic Ocean, Caribbean Sea and waters adjacent to the United States are protected by the ESA. Sea turtles are long-lived and slow to reach maturity. Pressures from habitat loss, fishing operations, pollution, illegal harvesting of eggs, and poaching of adults exacerbate the extinction risk faced by these animals. In Puerto Rico, the green sea turtle (Chelonia mydas) is listed as “threatened” under the ESA; the hawksbill sea turtle (Eretmochelys imbricata) is listed as “endangered.”
The Lacey Act is the principal U.S. statute designed to reduce the role that wildlife poaching, selling, and smuggling plays in depleting protected species. Once an ESA-listed wildlife species is taken or possessed illegally, it is unlawful to “import, export, transport, sell, receive, acquire, or purchase” that species. A person commits a criminal violation of the Lacey Act if the illegal conduct involves the sale or purchase of wildlife with a market value in excess of $350, while knowing that the wildlife was taken in violation of or in a manner unlawful under, any underlying law, treaty, or regulation.
The waters around Puerto Rico are designated as a critical habitat for the hawksbill and the green sea turtle. The most significant nesting for the hawksbill within the U.S. occurs in Puerto Rico and the U.S. Virgin Islands. Each year, about 500-1,000 hawksbill nests are laid on Mona Island, Puerto Rico. The green sea turtle population has declined by 48-65 percent over the past century. Puerto Rico is also home to nesting sites for the endangered leatherback sea turtle, the largest species of turtle in the world.
The commonwealth of Puerto Rico contains six national wildlife refuges (Cabo Rojo, Culebra, Desecheo, Laguna Cartagena, Navassa Island and Vieques) and is home to 25 endangered and threatened animal species, 21 of which are found nowhere else on earth
In 2013, the Justice Department’s Environment and Natural Resources Division and the U.S. Attorney’s Office in Puerto Rico announced the formation of the Puerto Rico Environmental Crimes Task Force to investigate and prosecute environmental crimes on the island. Under the new task force, federal investigative agencies are coordinating their efforts to investigate and prosecute those responsible for committing serious environmental crimes.
The cases are being prosecuted by Trial Attorney Christopher Hale of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorneys Carmen Márquez and Hector Ramirez of the District of Puerto Rico. If convicted, the defendant faces a maximum sentence of five years in prison and a $250,000 fine.
Sentencing is scheduled for Feb. 18, 2014.
Monday, November 18, 2013
RATTLESNAKE TRAFFICKERS CONVICTED FOR VIOLATION OF LACEY ACT
FROM: U.S. JUSTICE DEPARTMENT
Friday, November 15, 2013
Two Florida Men Convicted in Philadelphia of Conspiring and Trafficking in Protected Reptiles
A federal jury today found Robroy MacInnes, 54, of Inverness, Fla., and Robert Keszey, 47, of Bushnell, Fla., guilty of conspiracy to traffic in state and federally protected reptiles. MacInnes also was convicted of trafficking in protected timber rattlesnakes in violation of the Lacey Act.
Between 2007 and 2008, the defendants, who own the reptile wholesaler Glades Herp Farm Inc., collected protected snakes from the wild in Pennsylvania and New Jersey, purchased protected eastern timber rattlesnakes that had been illegally collected from the wild in violation of New York law, and transported federally threatened eastern indigo snakes from Florida to Pennsylvania. MacInnes also violated the Lacey Act by purchasing illegal eastern timber rattlesnakes and having the snakes transported from Pennsylvania to Florida. The evidence at trial showed that the protected species were destined for sale at reptile shows in Europe, where a single timber rattlesnake can sell for up to $800. Snakes that were not sold in Europe were sold through the defendants’ business in the United States.
“These defendants broke numerous wildlife laws seeking to profit from an illegal trade in threatened species,” said Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. “The Justice Department is committed to enforcing wildlife laws like the Endangered Species Act and the Lacey Act that protect our environment and these threatened species from a destructive and dangerous black market trade.”
The eastern timber rattlesnake is a species of venomous pit viper native to the eastern United States, and is listed as threatened in New York. It is also illegal to possess an eastern timber rattlesnake without a permit in Pennsylvania. The eastern indigo snake, the longest native North American snake species, is listed as threatened by both Florida and federal law.
The Lacey Act, one of the oldest statutes in the United States, prohibits interstate trafficking in wildlife known to be illegally obtained. The maximum penalty for conspiring to commit offenses and for violations of the Lacey Act is up to five years in prison and a $250,000 fine for each violation.
This case was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement, with assistance from the New York Department of Environmental Conservation. The case was prosecuted by Trial Attorney Patrick M. Duggan and paralegal Ashleigh Nye of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorney Mary Kay Costello of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
Friday, November 15, 2013
Two Florida Men Convicted in Philadelphia of Conspiring and Trafficking in Protected Reptiles
A federal jury today found Robroy MacInnes, 54, of Inverness, Fla., and Robert Keszey, 47, of Bushnell, Fla., guilty of conspiracy to traffic in state and federally protected reptiles. MacInnes also was convicted of trafficking in protected timber rattlesnakes in violation of the Lacey Act.
Between 2007 and 2008, the defendants, who own the reptile wholesaler Glades Herp Farm Inc., collected protected snakes from the wild in Pennsylvania and New Jersey, purchased protected eastern timber rattlesnakes that had been illegally collected from the wild in violation of New York law, and transported federally threatened eastern indigo snakes from Florida to Pennsylvania. MacInnes also violated the Lacey Act by purchasing illegal eastern timber rattlesnakes and having the snakes transported from Pennsylvania to Florida. The evidence at trial showed that the protected species were destined for sale at reptile shows in Europe, where a single timber rattlesnake can sell for up to $800. Snakes that were not sold in Europe were sold through the defendants’ business in the United States.
“These defendants broke numerous wildlife laws seeking to profit from an illegal trade in threatened species,” said Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. “The Justice Department is committed to enforcing wildlife laws like the Endangered Species Act and the Lacey Act that protect our environment and these threatened species from a destructive and dangerous black market trade.”
The eastern timber rattlesnake is a species of venomous pit viper native to the eastern United States, and is listed as threatened in New York. It is also illegal to possess an eastern timber rattlesnake without a permit in Pennsylvania. The eastern indigo snake, the longest native North American snake species, is listed as threatened by both Florida and federal law.
The Lacey Act, one of the oldest statutes in the United States, prohibits interstate trafficking in wildlife known to be illegally obtained. The maximum penalty for conspiring to commit offenses and for violations of the Lacey Act is up to five years in prison and a $250,000 fine for each violation.
This case was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement, with assistance from the New York Department of Environmental Conservation. The case was prosecuted by Trial Attorney Patrick M. Duggan and paralegal Ashleigh Nye of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorney Mary Kay Costello of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
Saturday, November 9, 2013
IRISH NATIONAL PLEADS GUILTY IN RHINO HORN TRAFFICKING CASE
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, November 5, 2013
Irish National Pleads Guilty in New York to Crimes Relating to Illegal Trafficking of Endangered Rhinoceros Horns
Michael Slattery Jr., 25, an Irish national, pleaded guilty today in federal court in Brooklyn, N.Y., to conspiracy to violate the Lacey Act in relation to illegal rhinoceros horn trafficking, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, and Loretta E. Lynch, U.S. Attorney for the Eastern District of New York.
Slattery pleaded guilty to one count of conspiracy to violate the Lacey Act, which carries a maximum penalty of five years in prison. Under the terms of the plea agreement, any proceeds from the illegal trafficking that remain in the United States will be forfeited or put toward the criminal fine. Slattery is scheduled to be sentenced by U.S. District Judge John Gleeson in the Eastern District of New York on Jan. 10, 2014.
In the plea agreement, Slattery admitted that he, along with others, traveled throughout the United States to illegally purchase and sell endangered rhinoceros horns. Slattery was arrested in September as part of “Operation Crash,” a nationwide, multi-agency crackdown on those involved in the black market trade of endangered rhinoceros horn.
“Slattery and his co-conspirators traveled to the United States to profit from the illegal trade in black rhinoceros horns,” said Acting Assistant Attorney General Dreher. “The black rhino is a species that, without our protection, could be headed for extinction in our own time. Rhino horn trafficking is a violation of the laws enacted by Congress to protect endangered species from extinction and the Justice Department will aggressively prosecute those who engage in this egregious market.”
“Today’s guilty plea highlights our commitment to protect endangered species, like the black rhinoceros, by prosecuting those who would profit from the rhinos’ extinction,” said U.S. Attorney Lynch. “Michael Slattery traveled the world in pursuit of illicit profit from the sale of blank rhino horns. But instead of gaining a windfall by contributing to the demise of an age-old species, Slattery now faces up to five years in prison for his illegal conduct.”
“The involvement of an alleged member of an organized criminal group in rhino horn trafficking speaks to the scope, scale, and lawlessness of this problem,” said U.S. Fish and Wildlife Service Director Dan Ashe. “We will continue to work closely with the Department of Justice to crack down on profiteers whose crimes are pushing rhinos to the brink of extinction.”
“The black rhinoceros has been driven to the brink of extinction by this illicit trade,” said Special Agent in Charge James T. Hayes of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) in New York. “HSI, along with our partners at the U.S. Fish and Wildlife Service and the Department of Justice, stand ready to protect these beautiful creatures from the villains who would trade the rhino’s continued existence on this planet for a quick buck.”
Rhinoceros are a 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, and all black rhinoceros species are endangered.
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.
Operation Crash is a continuing investigation being conducted by the Department of the Interior’s U.S. Fish and Wildlife Service 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 is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a nationwide task force of agents focused on rhino trafficking.
According to the information, plea agreement and statements made during court proceedings:
Beginning in May 2010 and continuing until April 2011, Slattery, along with others, traveled within the United States to purchase rhinoceros horns, which he, along with others, then resold to private individuals or consigned to auction houses in the United States. The profits from the sale of the rhinoceros horns were distributed via cashier’s checks made out to Slattery and others. Slattery used a fictitious “Endangered Species Bill of Sale” in connection with the purchase and sale of rhinoceros horns.
In September 2010, Slattery, along with others, traveled from London to Houston, where they attempted to purchase a taxidermied black rhinoceros mount with two horns from a business in Austin, Texas. The manager of the business refused to sell the mount to the defendant because Slattery and the others did not have proof that they resided in the State of Texas. Within days of being refused, Slattery returned to the establishment in Austin, where, with the assistance of a “straw buyer” that Slattery and his co-conspirators hired, the group purchased the mount for $18,000. At the time of the sale, the purchasers were given an “Endangered Species Bill of Sale” that stated “[s]eller expressly states that the described taxidermy is an endangered species and that interstate or foreign sales, barter and trade are strictly prohibited …. [p]ursuant to [the Endangered Species Act]. Buyer has expressly stated that he/she is a current resident of the State of Texas and has no intention of participating in any form of interstate commerce involving the described taxidermy.”
Following the purchase of the mount, Slattery and his co-conspirators traveled to Flushing, N.Y., where they sold the horns from the mount and other horns they had acquired to an individual for $50,000. At the time of the sale, Slattery and his co-conspirators provided the purchaser with a false and fictitious “Endangered Species Bill of Sale.” The “Endangered Species Bill of Sale” stated that the two pair of black rhinoceros horns were purchased in August 2010. The falsified document also included a false and fictitious FWS emblem, which it did not have at the time of purchase from the establishment in Texas. Pursuant to instructions from Slattery and his co-conspirators, the purchaser paid for the horns with cashier’s checks. One check in the amount of $12,500 was made payable to Michael Slattery Jr.
U.S. Attorney Lynch and Acting Assistant Attorney General Dreher commended FWS and ICE-HSI for their outstanding work in this investigation.
The case is being handled by the U.S. Attorney’s Office for the Eastern District of New York and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division. Assistant U.S. Attorney Julia Nestor and Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.
Tuesday, November 5, 2013
Irish National Pleads Guilty in New York to Crimes Relating to Illegal Trafficking of Endangered Rhinoceros Horns
Michael Slattery Jr., 25, an Irish national, pleaded guilty today in federal court in Brooklyn, N.Y., to conspiracy to violate the Lacey Act in relation to illegal rhinoceros horn trafficking, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, and Loretta E. Lynch, U.S. Attorney for the Eastern District of New York.
Slattery pleaded guilty to one count of conspiracy to violate the Lacey Act, which carries a maximum penalty of five years in prison. Under the terms of the plea agreement, any proceeds from the illegal trafficking that remain in the United States will be forfeited or put toward the criminal fine. Slattery is scheduled to be sentenced by U.S. District Judge John Gleeson in the Eastern District of New York on Jan. 10, 2014.
In the plea agreement, Slattery admitted that he, along with others, traveled throughout the United States to illegally purchase and sell endangered rhinoceros horns. Slattery was arrested in September as part of “Operation Crash,” a nationwide, multi-agency crackdown on those involved in the black market trade of endangered rhinoceros horn.
“Slattery and his co-conspirators traveled to the United States to profit from the illegal trade in black rhinoceros horns,” said Acting Assistant Attorney General Dreher. “The black rhino is a species that, without our protection, could be headed for extinction in our own time. Rhino horn trafficking is a violation of the laws enacted by Congress to protect endangered species from extinction and the Justice Department will aggressively prosecute those who engage in this egregious market.”
“Today’s guilty plea highlights our commitment to protect endangered species, like the black rhinoceros, by prosecuting those who would profit from the rhinos’ extinction,” said U.S. Attorney Lynch. “Michael Slattery traveled the world in pursuit of illicit profit from the sale of blank rhino horns. But instead of gaining a windfall by contributing to the demise of an age-old species, Slattery now faces up to five years in prison for his illegal conduct.”
“The involvement of an alleged member of an organized criminal group in rhino horn trafficking speaks to the scope, scale, and lawlessness of this problem,” said U.S. Fish and Wildlife Service Director Dan Ashe. “We will continue to work closely with the Department of Justice to crack down on profiteers whose crimes are pushing rhinos to the brink of extinction.”
“The black rhinoceros has been driven to the brink of extinction by this illicit trade,” said Special Agent in Charge James T. Hayes of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) in New York. “HSI, along with our partners at the U.S. Fish and Wildlife Service and the Department of Justice, stand ready to protect these beautiful creatures from the villains who would trade the rhino’s continued existence on this planet for a quick buck.”
Rhinoceros are a 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, and all black rhinoceros species are endangered.
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.
Operation Crash is a continuing investigation being conducted by the Department of the Interior’s U.S. Fish and Wildlife Service 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 is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a nationwide task force of agents focused on rhino trafficking.
According to the information, plea agreement and statements made during court proceedings:
Beginning in May 2010 and continuing until April 2011, Slattery, along with others, traveled within the United States to purchase rhinoceros horns, which he, along with others, then resold to private individuals or consigned to auction houses in the United States. The profits from the sale of the rhinoceros horns were distributed via cashier’s checks made out to Slattery and others. Slattery used a fictitious “Endangered Species Bill of Sale” in connection with the purchase and sale of rhinoceros horns.
In September 2010, Slattery, along with others, traveled from London to Houston, where they attempted to purchase a taxidermied black rhinoceros mount with two horns from a business in Austin, Texas. The manager of the business refused to sell the mount to the defendant because Slattery and the others did not have proof that they resided in the State of Texas. Within days of being refused, Slattery returned to the establishment in Austin, where, with the assistance of a “straw buyer” that Slattery and his co-conspirators hired, the group purchased the mount for $18,000. At the time of the sale, the purchasers were given an “Endangered Species Bill of Sale” that stated “[s]eller expressly states that the described taxidermy is an endangered species and that interstate or foreign sales, barter and trade are strictly prohibited …. [p]ursuant to [the Endangered Species Act]. Buyer has expressly stated that he/she is a current resident of the State of Texas and has no intention of participating in any form of interstate commerce involving the described taxidermy.”
Following the purchase of the mount, Slattery and his co-conspirators traveled to Flushing, N.Y., where they sold the horns from the mount and other horns they had acquired to an individual for $50,000. At the time of the sale, Slattery and his co-conspirators provided the purchaser with a false and fictitious “Endangered Species Bill of Sale.” The “Endangered Species Bill of Sale” stated that the two pair of black rhinoceros horns were purchased in August 2010. The falsified document also included a false and fictitious FWS emblem, which it did not have at the time of purchase from the establishment in Texas. Pursuant to instructions from Slattery and his co-conspirators, the purchaser paid for the horns with cashier’s checks. One check in the amount of $12,500 was made payable to Michael Slattery Jr.
U.S. Attorney Lynch and Acting Assistant Attorney General Dreher commended FWS and ICE-HSI for their outstanding work in this investigation.
The case is being handled by the U.S. Attorney’s Office for the Eastern District of New York and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division. Assistant U.S. Attorney Julia Nestor and Trial Attorney Gary N. Donner 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.
Monday, September 24, 2012
BIG GAME OUTFITTER CONVICTED OF BAITING FOR ELK AND DEER WITH SALT
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, September 20, 2012
Colorado Big Game Outfitter Convicted of Six Lacey Act Violations
WASHINGTON – Big game hunting outfitter Dennis Eugene Rodebaugh, 72, of Meeker, Colo., was convicted by a federal jury in Denver today of six charges of violating the Lacey Act, announced the Department of Justice Environment and Natural Resources Division, U.S. Fish and Wildlife Service, and Colorado Parks and Wildlife.
According to the indictment, Rodebaugh operated a Colorado big game outfitting business called "D&S Guide and Outfitter" beginning in 1988, offering multi-day elk and deer hunts to many non-resident clients in the White River National Forest for between $1,200 and $1,600. The indictment alleged that each summer between 2002 and 2007, the defendant outfitted numerous clients, on hunts in which deer and elk were shot from tree stands near which Rodebaugh placed hundreds of pounds of salt each spring and summer as bait. The placement and use of bait to aid in the taking of big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a felony violation of the Lacey Act.
Each of the six felony counts on which the defendant was convicted carries a maximum punishment of five years imprisonment and up to a $250,000 fine. Rodebaugh also agreed to forfeit two all terrain vehicles and a utility trailer used in the commission of the six Lacey Act crimes.
This case was investigated by Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service.
The case was prosecuted by Senior Trial Attorney J. Ronald Sutcliffe and Trial Attorney Mark Romley, of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Sunday, September 16, 2012
SMUGGLERS PLEAD GUILTY TO ILLEGAL TRAFFICKING IN RHINO HORN
Photo: Rhinoceros. Credit: CIA World FactbookFriday, September 14, 2012
Members of Smuggling Ring Plead Guilty in Los Angeles to Crimes Relating to Illegal Trafficking of Endangered Rhinoceros Horn
WASHINGTON – Three defendants pleaded guilty today to charges of conspiracy, smuggling, Lacey Act violations, money laundering and tax fraud for their roles in the international illegal trafficking of rhinoceros horn. All of the defendants were charged in February 2012 as part of "Operation Crash," a nationwide U.S. Fish and Wildlife Service crackdown on those involved in the black market trade of endangered rhinoceros horn.
The guilty pleas were announced by Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice; André Birotte Jr., U.S. Attorney for the Central District of California; and Dan Ashe, Director of the Department of the Interior’s U.S. Fish and Wildlife Service (FWS).
Vin h Chung "Jimmy" Kha, 49, and Felix Kha, 26, both of Garden Grove, Calif., each pleaded guilty to five felony counts related to their roles in the smuggling conspiracy. Win Lee Corp., owned by Jimmy Kha, pleaded guilty to two felony counts charging smuggling and Lacey Act trafficking.
Two other defendants linked to the Khas – J in Zhao Feng, 45, of China and Jarrod Wade Steffen, 32, of Hico, Texas – previously pleaded guilty to federal charges in Los Angeles related to rhino horn trafficking.
In their plea agreements, Jimmy and Felix Kha each admitted purchasing White and Black rhinoceros horn in interstate and intrastate commerce, knowing that animals were protected by federal law as endangered and threatened species. Both defendants stated that they purchased the horns in order to export them overseas to be sold and made into libation cups or traditional medicine. Both acknowledged making payments to Vietnamese customs officials to ensure clearance of horn shipments sent to that country. In addition, Jimmy and Felix Kha each admitted to failing to pay income tax owed in 2009 and 2010.
In an earlier plea agreement, which was filed with the court on Aug. 15, 2012, Feng admitted to fraudulently and knowingly attempting to smuggle a black rhinoceros horn, an endangered species, from the United States to China. Steffen, who used money provided by the Khas to buy horns for them, pleaded guilty on June 14, 2012, to charges of conspiracy, smuggling, Lacey Act violations and money laundering.
"The Khas conspired to violate numerous federal laws, including those enacted by Congress to protect endangered species like the rhinoceros, a species that faces extinction in our time," said Assistant Attorney General Ignacia S. Moreno. "This prosecution and continuing investigation should send a clear message that we will vigorously investigate and prosecute those who are involved in this egregious and illegal trade."
"It is unconscionable that a species as ancient and majestic as the African Black Rhino has been hunted to the brink of extinction by unscrupulous profiteers," said U.S. Attorney André Birotte Jr. "The rhino horn smuggling ring dismantled by Operation Crash contributed to the soaring increase in the trade of rhino horns both domestically and internationally and this illegal trade leads directly to increased poaching of the species in the wild. Operation Crash represents a giant step forward in the global fight to save a beautiful species like the Black Rhino from extinction."
"These individuals were interested in one thing and one thing only – making money," said FWS Director Dan Ashe. "They didn’t care about the law or about driving a species to the brink of extinction. We will continue to aggressively investigate and pursue traffickers who threaten the future of rhinos and other imperiled species."
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, and all black rhinoceros species are endangered.
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. 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 448 rhinos in 2011. As of Aug. 27, the total for 2012 stood at 339 rhinos, with a predicted loss of 515 by year end if current poaching rates continue.
Operation Crash (named for the term used to describe a herd of rhinoceros) 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 is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a nationwide task force of FWS special agents focused on rhino trafficking.
The first superseding information, plea agreements and statements made during court proceedings document the following facts:
During the conspiracy, beginning in January 2010 and continuing to February 2012, Felix Kha would contact Steffen and others regarding individuals located throughout the United States who were willing to sell white or black rhinoceros horn. On various dates, Jimmy Kha met with others who traveled to Long Beach, Calif., from various locations to provide compensation for previous rhinoceros horn purchases and shipments and to provide money to fund future purchases and shipments of rhinoceros horn. Jimmy and Felix Kha received, bought, sold and facilitated the transportation of black rhinoceros horn, prior to exportation, knowing that such rhinoceros horn was intended for exportation and that it was illegal under U.S. law to do so. Jimmy Kha paid, on average, between $5,000 to $7,000 per pound of rhinoceros horn. The black and white rhinoceros horn acquired by the defendants has a fair market value between, at a minimum, $1 million to $2.5 million.
Feng attempted to export a black rhinoceros horn, which he had obtained from the Khas, from the U.S. to China, by concealing the horn at the bottom of a package. The package, which was deposited with the U.S. Postal Service, contained a single black rhinoceros horn concealed under a layer of chocolates, cigarettes, biscuits, candy, sponges and packing materials. F eng falsely declared on a U.S. Postal Service Customs Declaration that the package contained "handcraft decorations" with a value of $25, "chocolate" with a value of $46, and "candy" with a value of $15.
As a supplier for the Khas, Steffen bought and mailed dozens of rhino horns to the pair and made at least 10 trips to California to pick up payment and collect money for additional purchases. On the last of these trips, Transportation and Security Administration officers, acting at the FWS’s request, stopped Steffan and two travel companions at the airport in Long Beach before they boarded their homebound flight and retrieved $337,000 from their luggage.
In February 2012 at the time of the arrest of Jimmy and Felix Kha, FWS agents seized, among other items, rhinoceros mounts, rhinoceros horns, an additional $1 million in cash, approximately $1 million in gold ingots, jewelry, watches, precious stones, a 2009 BMW 759 Li Sedan and a 2008 Toyota Forerunner.
Jimmy and Felix Kha each pleaded guilty to one count of conspiracy (maximum penalty of five years in prison), one count of smuggling goods from the United States (maximum penalty of ten years in prison), one count of Lacey Act trafficking (maximum penalty of five years in prison), one count of money laundering (maximum penalty of twenty years in prison), and one count of tax evasion (maximum penalty of five years in prison). Win Lee Corp. faces additional penalties, including fines totaling up to $1 million. Under the terms of their plea agreements, all of the items recovered from their residence, person, and Jimmy Kha’s business will be forfeited. In addition, Felix Kha will pay a tax fraud penalty and assessment of approximately $109,000, and Jimmy Kha will pay a tax fraud penalty and assessment of $76,000.
Jimmy and Felix are scheduled to be sentenced by U.S. District Judge Christina A. Snyder on Dec. 10, 2012 at 2:30 p.m. Feng will be sentenced on Oct. 10, 2012, and Steffen will be sentenced on Oct. 15, 2012.
U.S. Attorney Birotte Jr. and Assistant Attorney General Moreno commended FWS and its partners for their outstanding work on this investigation. Assisting agencies included the U.S. Postal Inspection Service, the Internal Revenue Service Criminal Investigations, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
The case is being handled by the U.S. Attorney’s Office for the Central District of California and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division. Assistant U.S. Attorneys Joseph O. Johns and Dennis Mitchell and Shennie Patel, a Trial Attorney with the Environmental Crimes Section, are in charge of the prosecution.
Saturday, June 23, 2012
LOUISIANA RESIDENT GETS FINE AND TIME ON FIRST EVER ALLIGATOR POACHING PRISON SENTENCE
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, June 22, 2012
Louisiana Hunting Outfitter Sentenced to Prison for First Felony Conviction for Illegally Hunting Protected Alligators
WASHINGTON – Gregory K. Dupont, 38, of Plaquemine, La., was sentenced in U.S. District Court in Baton Rouge, La., to serve six months in prison, to be followed by four months in a half-way house and two years of supervised release. Dupont was also ordered to pay a $3,000 fine. Dupont’s sentencing, handed down by U.S. District Judge Brian Jackson late Thursday, was the first ever felony conviction and prison sentence resulting from the illegal hunting of American alligators (Alligator mississippiensis), in violation of the Lacey Act, the Endangered Species Act, and Louisiana law.
Dupont has owned and operated Louisiana Hunters Inc., a hunting outfitting company, since 2001. His clients hired him to take them on alligator hunts in Louisiana, and they included out-of-state residents who were required to hunt with a licensed resident alligator hunter. Dupont took some of the out-of-state clients to hunt alligators on property where he was not authorized to hunt. On Feb.10, 2012, Dupont pleaded guilty to selling American alligators by providing outfitting and guiding services, knowing the alligators to have been taken illegally, on a hunt in September 2006.
In 1967, American alligators were listed as an endangered species because the total population size in the United States reached drastically low numbers due to severe poaching and overharvesting. The conservation effect of this protected status and of the Lacey Act, the Endangered Species Act, and regulations promulgated by the U.S. Fish and Wildlife Service and the state of Louisiana led to the recovery of the size of the American alligator population in the United States, and American alligators were down-listed to threatened status in 1987. The success of the American alligator conservation program is second only to that of the Bald Eagle.
Because American alligators remain federally protected, alligator hunting is regulated by federal and state rules and regulations, which require, among other things, the tagging of all harvested alligators. The integrity of the tagging system is crucial to Louisiana’s alligator management program because it enables the Louisiana Department of Wildlife and Fisheries to monitor harvest areas, alligator size and the number of alligators taken. This system depends in significant part upon the honesty and self-regulation of Louisiana’s licensed hunters for its continued success.
In Louisiana, an allotted number of alligator hide tags are issued to licensed hunters. Each tag may be used for one alligator only, and Louisiana law requires alligator hunters to hunt only on property for which hide tags are issued. The areas where alligator hunting is permitted are determined on a yearly basis by wildlife biologists, whose decisions are based on the need to maintain a healthy alligator population. If hunters poach alligators from areas for which they do not have tags, then the integrity of the entire alligator management system is undermined, thereby threatening Louisiana’s alligator population and alligator industry, which is a significant component of Louisiana’s economy.
According to court documents, Dupont, in violation of law, guided his clients to places in Louisiana, regardless of whether he had tags for the areas, where he hoped his clients would kill trophy-sized alligators so that they would pay him a trophy fee in addition to the guiding fees.
The case was prosecuted by Shennie Patel and Susan L. Park of the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice, with assistance from the U.S. Attorney’s Office for the Middle District of Louisiana. The case was investigated by the Louisiana Department of Wildlife and Fisheries Law Enforcement Division and by the U. S. Fish and Wildlife Service Office of Law Enforcement.
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