James Bobby Butler Jr., 42, pleaded guilty to one count of conspiracy to violate the Lacey Act, one substantive Lacey Act count and one count of obstruction of justice. His brother, Marlin Jackson Butler, 36, pleaded guilty to one count of conspiracy to violate the Lacey Act and one Lacey Act count. Both men are from
. Martinsville, Texas
The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife taken or possessed in violation of state law or regulation.
According to the May 2010 indictment in the case and today’s plea agreements, James and Marlin Butler conspired together to knowingly transport and sell in interstate commerce deer that had been hunted in violation of
state law. The brothers operated a guiding service and hunting camp near Kansas , at which they sold guiding services to out-of-state hunters for the purpose of illegally hunting and killing white-tailed and mule deer. Hunters guided by the Coldwater, Kan. brothers killed deer in excess of annual bag limits, hunted deer without permits or using permits for the wrong deer management unit, killed deer using illegal equipment and hunted using prohibited methods such as spotlighting. Butler
The guided hunts were sold for between $2,500 and $5,500, and in several instances resulted in the killing of trophy-sized buck deer. In today’s plea agreements, the
admitted knowingly selling guided hunts for the illegal taking of the 25 buck deer identified in the indictment, for which hunters paid them a total of $77,500 in guiding fees plus tips. In addition to selling guiding services, the brothers also arranged for transport of the deer, in particular the antlers and capes, from Butlers to Kansas and Texas . Louisiana
James Butler also admitted in his plea agreement that he instructed another person to conceal or destroy evidence during the investigation.
The maximum penalty for a felony violation of the conspiracy statute and the Lacey Act includes up to five years in prison and a $250,000 fine. The maximum penalty for the obstruction charge against James Butler includes up to 20 years in prison and $250,000 fine. According to the plea agreements filed today, the prosecution agreed to recommend sentences of 41 months in prison for James Butler and 27 months in prison for Marlin Butler, in addition to fines, restitution and three years of supervised release during which time both
brothers would be prohibited from all hunting and guiding activity. Sentencing hearings for both defendants are set for Butler June 2, 2011.
The case was investigated by the U.S. Fish & Wildlife Service, the Kansas Department of Wildlife and Parks, and the
and Wildlife Department. The case is being jointly prosecuted by the U.S. Attorney’s Office for the District of Kansas and Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division. Texas Parks