Pittsburgh Man Pleads Guilty to Trafficking Endangered and Invasive Fish

 PITTSBURGH – A Pennsylvania man pleaded guilty today in the Western District of Pennsylvania for trafficking in endangered and invasive fish in violation of the Lacey Act.

Anthony Nguyen, aka JoJo Nguyen and Jackie Lee, 49, of Pittsburgh, entered guilty pleas before U.S. District Judge Nora B. Fischer to counts one and two of the indictment returned against him on Nov. 13, 2020, alleging that he trafficked in endangered Asian arowana and invasive snakehead fish. Nguyen owned and operated a Pittsburgh business, Ichiban Tropical Fish, specializing in the sale of rare and exotic freshwater tropical fish species.

During his plea hearing, Nguyen admitted to violating the Lacey Act in 2016 when he sold illegally imported Asian arowana, which are native to Southeast Asia and are protected under the U.S. Endangered Species Act (ESA). Arowana, also known as “dragon fish” or “Asian bonytongue fish,” are considered the most expensive freshwater fish on earth, with highly sought-after specimens selling for tens of thousands of dollars. Arowana are also listed in Appendix I of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), which is reserved for the most endangered species of fish and wildlife.

Nguyen also admitted to violating the Lacey Act for selling invasive and injurious snakehead fish in 2019, in violation of Pennsylvania law. Snakeheads are native to Asia, but have been introduced into freshwater habitats in the U.S.  Pursuant to the terms of Nguyen’s plea agreement, he will also accept responsibility for falsifying documents related to the snakehead shipment.

Nguyen is scheduled to be sentenced on Nov. 1 and faces a maximum penalty of five years in prison and a $250,000 fine for each charge.

The investigation was conducted by the U.S. Fish and Wildlife Service, Office of Law Enforcement. The Pennsylvania Fish and Boat Commission, California Department of Fish and Wildlife, and Texas Parks and Wildlife Department also provided assistance during the investigation. The case is being prosecuted by Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Eric G. Olshan.

Road Aventure Day Two: A Devil's Breakfast

After a couple of cups of coffee, I left the Hotel Cortez in Las Vegas and hunted down the nearest Costco.  While a little cheaper than home, gasoline in metro Las Vegas is no deal.  With a full tank of gas I drove to Nellis Masonic Lodge No. 46.  The building actually house three Lodges and the Scottish Rite.  It's a large building constructed in that grey Cold War cinder block style of the late 1960s.  While walking the outside of the building, the Lodge Secretary happened to drive up.  He gave me a great tour of the facility and cool narration on local history.

I  drove about 10 miles west and met my Aunt and one of my cousins for a Devil's Breakfast.  If you didn't know, the Devil sleeps late, so any Breakfast after 1030 AM is a Devil's Breakfast.  The word Brunch was just good marketing on Satan's part.  We ate in one of those local Las Vegas places - you walk into a large open bar with video poker and then up to a hostess who seats you in the actual diner.  The food was good and likely reasonably priced since my cousin picked up the tab.  We said our goodbyes and I was off.

About 15 miles north of Las Vegas they have reduced the 15 to one lane for construction.  LA Style traffic on the outskirts of nowhere.  My next stop was Mesquite Nevada for a soda and some cheese nips; first crumbs in my new car.  Into Utah through the little canyon and back down into Arizona where I stopped in Colorado Springs for coffee.  My car was telling me I was drowsy (it does that); and, it was right.  the picture is from the parking lot of the grocery store in Colorado Springs.  The wind eroded mountains in the background are representative of the entire drive.  

The elevation is around 5000 feet and the temperature had dropped to the the high eighties.  Off with the aircon, down with the windows, open the sunroof and crank up the 70s.  The road is relatively straight and traffic free.  I set the car to drive itself.  Sipped the coffee, listened to the top 40 countdown from 1973 and watch the scenery.  

The road winds back up into Utah and an hour or so later I was driving through Kanab Utah (The self driving feature only works over 45MPH, so through town it's all me).  I see this police cruiser parked on the side of the road.  Time to stop and stretch anyway, I turn around and go back to talk to the cop who is on the side of the road.  I parked the car and as I walk up on the cop car he hasn't moved since I drove by.  Turns out its a mannequin.  Well, I worked with guys who couldn't do the job as well as the mannequin. 

 The road winds back into Arizona.  About 9 miles from my destination in Page, Arizona, it becomes really clear that I need to get rid of the coffee from Colorado Springs, now.    A brief stop and I arrive at my hotel.  After check in I drive about two more miles up the road to the north rim of the Grand Canyon and the Colorado River Horseshoe Bend.  Ten buck gets my car into the lot and a lecture from the Park Ranger who tells me that it is a 1.5 mile round trip hike, I should wear sturdy shows and bring water.  Ha - I have $10, hiking boots and a liter of water.  It was hot and the elevation change on the 1.5 mile round trip hike is about 200 feet.  The path is hard packed sand and well defined.  Besides there are about 100 people walking down the same path.  Few of them have water, none of them have hats (its in the mid 90s) and some are wearing flip-flops.  I figure there are two possibilities:  some people didn't get the shoes and water lecture or some people didn't listen.  As I was hiking back up, the Forest Service jeep with the stretcher on the back was driving down toward the canyon.  Lack of proper footwear and/or water got somebody.

There aren't words to describe the beauty of the Colorado River cutting a channel over eons. Dinner was at the Sunset Cafe, back to the hotel and tomorrow it is off to Monument Valley

Road Adventure

I have started a three week road trip across the United States.  Essentially, from Los Angeles, north to Wyoming, east to Maine, South to New York, back west through Vicksburg and across to Los Angeles.  My first stop was Las Vegas, Nevada.  I had dinner with my Aunt and two cousins.  

I chose to stay downtown.  It was a toss up.  My grandfather on my mother's side was a Golden Nugget man.  My grandfather on my father's side was an El Cortez Man.  Well, the Cortez was cheaper; especially since I chose to stay in the "vintage" rooms.  Its clean and quite in the room.  

The casino has a mix of the newer slots and a section of old style coin slots.  Tomorrow, lunch with my Aunt and Cousins.  The off to Page, Arizona. That will be my staging stop for a Friday trip through Monument Valley, Utah.

The trip is flexible.  Leave a comment on the Blog if you have a suggestion for a stop!

Pesticide Smuggler Sentenced to 90 Days in Custody; Ordered to Pay $10,000

SAN DIEGO –Felix Gutierrez Valencia of Perris, California, was sentenced in federal court today to 90 days in custody for attempting to smuggle pesticides into the United States.  In addition, Gutierrez was ordered to pay a fine of $2,500 and restitution of $8,807 for the cost of disposal of the pesticides, and perform 100 hours of community service during three years of supervised release. 

In pleading guilty, Gutierrez admitted that, on April 16, 2020, he entered the United States at the Otay Mesa Port of Entry, where 48 containers of undeclared Mexican pesticides were discovered in his truck.  Gutierrez had concealed some of the containers of pesticides in cereal and cookie boxes.  The pesticides included Furadan, Monitor, Bayfolan, Biomec, Ridomil Gold, Kanemite and Rodentox.  Gutierrez later acknowledged that, after his arrest in April, he offered to pay another individual to smuggle pesticides into the United States. However, that person was also caught at the border with 37 containers of Furadan, Biomec, Biozyme and Tetrasan.

Two of the pesticides smuggled by Gutierrez contain active ingredients that are cancelled in the United States, and thus are not permitted to be imported or sold. Furadan contains the cancelled pesticide carbofuran, which is a highly toxic insecticide that affects the central nervous systems by the same mechanism as chemical warfare nerve agents. It is highly toxic to birds, fish and mammals and is classified by the EPA as Toxicity Category I, the highest category, based upon its lethal potency. Monitor contains the cancelled pesticide methamidophos, which is one of the most acutely toxic organophosphate pesticides, also related to chemical warfare nerve agents. Rodentox contains zinc phosphide, an extremely toxic rodenticide.  Ingestion of 7 drops to one teaspoons of zinc phosphide would likely kill a 150-pound person.

According to the sentencing documents, all of the chemicals smuggled by the defendant are commonly found at locations where marijuana is illegally cultivated.  Exposure to these pesticides during eradication efforts has cause law enforcement officers to be hospitalized, has polluted soils and streams, and has killed wildlife.  Cannabis users are also at risk,  In one study, the pesticide transfer rate into the blood stream of a cannabis smoker using a glass pipe was as high as 70 percent.

“Trafficking in illegal pesticides is big business, and we are aggressively prosecuting many of these smuggling cases in order to protect the public,” said Acting U.S. Attorney Randy Grossman. “The toxic chemicals are extremely dangerous, with the power to poison people, wildlife, water sources and soil.  Smugglers like this defendant are attempting to sneak banned pesticides across the border as if they are illicit narcotics, and they are getting caught and going to prison. That’s how serious these offenses are.” Grossman praised Assistant U.S. Attorney Melanie Pierson for her excellent work prosecuting environmental crimes, and he also commended agents from Homeland Security Investigations and the U.S. Environmental Protection Agency, Criminal Investigation Division.    

“There’s a reason the federal government prohibits the importation of certain types of pesticides,” said Cardell T. Morant, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) San Diego. “Some of the chemicals may be toxic and exposure can be dangerous or fatal to both humans and wildlife. This individual not only disregarded the hazards associated with improperly handling these types of chemicals, he attempted to smuggle the chemicals into the U.S., which is a very serious crime. HSI and its partner organizations will continue to pursue, arrest, and bring to justice, anyone who tries to smuggle these highly toxic chemicals into the U.S.”

“The pesticides involved in this case pose serious public health and environmental dangers,” said Special Agent in Charge Scot Adair of EPA’s Criminal Investigation Division in California. “The sentence in this case demonstrates that individuals who intentionally violate smuggling and environmental protection laws will be held responsible for their crimes.”

DEFENDANT                                               Case Number 20cr2058-JLS                            

Felix Gutierrez Valencia                                Age: 40                                   Perris, CA

SUMMARY OF CHARGES

Smuggling – Title 18, U.S.C., Section 545

Maximum penalty: Twenty years in prison and $250,000 fine

AGENCY

Homeland Security Investigations

U.S. Environmental Protection Agency, Criminal Investigation Division

Brainerd Man Sentenced To Prison For Wildlife Trafficking, Trespassing After Removing The Head Of A Black Bear On The Red Lake Indian Reservation

 ST. PAUL, Minn. – A Brainerd, Minnesota, man was sentenced in federal court today for wildlife trafficking and trespassing on Indian land after removing the head of a 700-pound black bear on the Red Lake Indian Reservation.

Brett James Stimac, 41, was sentenced by Judge Susan Richard Nelson to 15 months in prison, followed by one year of supervised release, and a $9,500 fine.

According to court documents, on the evening of September 1, 2019, Stimac, who is not an enrolled member of the Red Lake Band of Chippewa Indians, willfully, knowingly and without authorization or permission, entered the Red Lake Indian Reservation for the purposes of hunting a bear. The Government contends that Stimac, using a compound bow, shot and killed a large American black bear near the Reservation’s garbage dump.

According to court documents, on September 2, 2019, Stimac returned to the dump the following day and located the bloody carcass of the bear. Stimac posed for photographs with the bear’s carcass and later shared the photographs on social media. Because of the bear’s large size, Stimac was unable to move the bear from the Reservation. Instead, Stimac used a saw to remove the bear’s head for a trophy. Stimac brought the bear’s head to a taxidermist in Ironton, Minnesota, and left the remainder of the carcass to spoil.

The Red Lake Band of Chippewa Indians does not permit non-Indians to hunt bear, one of seven clan animals of the Band, within the boundaries of the Red Lake Indian Reservation, due to the bear’s cultural and spiritual importance to the Band.

This case was the result of an investigation conducted by the Minnesota Department of Natural Resources, the Red Lake Department of Public Safety, the Red Lake Department of Natural Resources, and the U.S. Fish and Wildlife Service, with assistance from the Beltrami County Attorney’s Office.

Special Assistant U.S. Attorney Gina L. Allery and Assistant U.S. Attorney Emily A. Polachek prosecuted the case.

Retired Police Officer Sentenced to Prison for Illicit Trafficking of Protected Reef Creatures

 SAN JUAN, Puerto Rico – The Justice Department announced that a Puerto Rico man was sentenced to two months in federal prison for felony violations of the Lacey Act that involved the trafficking and false labeling of protected reef creatures as part of an effort to subvert Puerto Rican laws designed to protect coral reef organisms.

Luis Joel Vargas Martell (Vargas), a resident of San Sebastian, Puerto Rico, pleaded guilty in November 2020 to export smuggling and two felony violations of the Lacey Act for collecting, purchasing, falsely labeling, and shipping protected marine invertebrate species as part of an effort to subvert Puerto Rican law designed to protect corals and other reef species.

After retiring from the Puerto Rico Police Department, Vargas opened an online aquarium business from his home. During 2014 through 2016, Vargas was the co-owner of the saltwater aquarium business, Carebbean Reefers (spelling error intentional) that also operated online through the EBay store “Redragon1975”. A large part of the business was devoted to the sale of native Puerto Rican marine species that are popular in the saltwater aquarium trade.

Vargas sent illegally collected live specimens to customers in the mainland United States and foreign countries by commercial courier services.  One of the most popular items that Vargas and his business sent off-island was an organism from the genus Ricordea. These animals are known as “rics,” “polyps,” or “mushrooms” in the aquarium industry.  Members of the genus form part of the reef structure and spend their adult lives fastened in place to the reef. These animals are colorful in natural light, but what makes them particularly interesting to aquarium owners is that they “glow” under the UV lights that are typically used in high-end saltwater aquariums.

It is illegal to harvest Ricordea, zoanthids, and anemones in Puerto Rico if the specimens are going to be sent off-island or otherwise sold commercially, nor is there a permit available to do so. Vargas personally collected much of the Ricordea and other reef creatures that he sold off-island.  On multiple occasions, he would accompany his business partner, and they would snorkel from the shoreline in search of Ricordea. Because Ricordea are attached to the reef substrate, the pair would utilize a chisel to break off the animals, and in doing so, take chunks of the reef with them. This was detrimental to the marine environment as it caused physical degradation of the underlying reef structure.

In order to cover up the nature of his shipments and to avoid detection from governmental inspection authorities, the scheme included falsely labelling many of the live shipments as inanimate objects.  From January 2014 to March 2016, Vargas sent or caused to be sent at least 40 shipments of marine species that were illegally harvested in the waters of Puerto Rico. While there is some variation in the price of Ricordea depending on coloration, size, and other factors, the aggregate retail value of illegal Ricordea shipped by Vargas was worth at least $90,000.

In addition to the prison time, Vargas was sentenced to a supervised release term of three years and three hundred hours of community service. The court also banned Vargas from collecting or procuring marine life, shipping marine life off-island and scuba diving and snorkeling in Puerto Rico. He was also required to surrender his fishing permits and to pay a criminal fine of $10,000 and restitution of $15,000. In a related matter, in December 2020, Raymond Torres was sentenced to five years of probation with similar bans on marine activity, 300 hours of community service, and financial penalties of $35,000.

This case was investigated as part of Operation Rock Bottom and Operation Borinquen Chisel by Special Agents of the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration with support from the USFWS Inspectors. The case is being prosecuted by Christopher L. Hale of the Environment and Natural Resources Division’s Environmental Crimes Section along with Assistant U.S. Attorney Carmen Marquez of the U.S. Attorney’s Office for the District of Puerto Rico.

Albuquerque woman pleads guilty, sentenced to probation for violating Migratory Bird Treaty Act

               ALBQUERQUE, N.M. – Ruth Grande Olguin, 55, of Albuquerque, pleaded guilty in federal court on April 6 to three counts of violating the Migratory Bird Treaty Act. Grande Olguin was sentenced to one year of probation.

              In the plea agreement, Grande Olguin admitted that on April 27, 2019, she unlawfully possessed feathers and other parts of the crested caracara. She also admitted that on May 22, 2019, she unlawfully possessed sharp-shinned hawk feathers as well as feathers and other parts of the crested caracara. Finally, Grande Olguin admitted that on November 12, 2019, she unlawfully possessed feathers and other parts of the crested caracara. Both birds are protected under the Migratory Bird Treaty Act. On each occasion, Grande Olguin was in possession of the feathers and other parts in Bernalillo County, New Mexico. These laws prohibit the possession, use, and sale of the feathers or other parts of federally-protected birds, as well as the unauthorized killing of these birds, to help ensure that the caracara, hawk, and other bird populations remain healthy and sustainable.

              As part of her plea agreement, Grande Olguin agrees to pay a fine of $2,000 payable to the North American Wetlands Conservation Fund Account. Grand Olguin forfeits any interest in feathers, parts, and products thereof, of bald eagles, golden eagles, sharp-shinned hawks, American kestrels, greater roadrunners, red-tailed hawks, northern flickers, white-winged doves, crested caracaras, Cooper’s hawks, barred owls, turkey vultures, and a falcon seized during the course of the investigation of this case.

              The case was investigated by the U.S. Fish and Wildlife Service with assistance from the New Mexico Department of Game and Fish. The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

              The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges as well as thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts.

Texas Man Sentenced for Trafficking in Wildlife

 A Texas man was sentenced to 20 months in prison for trafficking protected species and ordered to pay a $2,000 fine and be placed on supervised release for a period of two years after completing his prison term.

Alejandro Carrillo, 62, of El Paso, pleaded guilty on July 9, 2020, to a two-count information charging him with one count of conspiracy to traffic wildlife and one count of smuggling. Carrillo admitted to being part of a conspiracy to smuggle wildlife from the Mexico into the United States via El Paso since May 2016. Carrillo was the middleman between several Mexico-based suppliers of wildlife and their U.S.-based customers. Carrillo’s role as middleman was to pick up wildlife from a co-conspirator in Juarez, Mexico, and transport (smuggle) that wildlife in his car into the United States at an El Paso border crossing. His status as a U.S. citizen with a Secure Electronic Network for Travelers Rapid Inspection card made his transits easy. Once in the United States, Carrillo would ship the wildlife via FedEx or U.S. Postal Service to the U.S.-based customers. On many occasions, animals died during transport.

The sentencing was announced by Acting Assistant Attorney General Jean Williams of the Justice Department’s Environment and Natural Resources Division and Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service (USFWS) Office of Law Enforcement. 

“Trafficking in protected species in violation of U.S. and international law is harmful to the animals and their native habitats,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division. “The Justice Department remains determined to work with our law enforcement partners to ensure that these endangered animals are protected.”

“Wildlife trafficking is decimating much of the world’s natural resources,” said the USFWS Office of Law Enforcement Assistant Director Edward Grace. “It is paramount to deter and dismantle wildlife traffickers in order to ensure the sustainability of our natural resources, protect against zoonotic diseases from spreading, and so that future generations will be able to benefit from the world’s diverse species of wildlife and plants.”

Between April 2015 and December 2019, Carrillo illegally transported wildlife across the U.S.-Mexico border with a market value of over $3,500,000. Carrillo received a “crossing fee” for each border crossing, the amount of which depended on the number of animals transported, the size of the packages, and, in some cases, the level of risk of being detected by the authorities. In that time period, Carrillo was paid more than $198,000 to transport wildlife across the U.S.-Mexico border.

On Sept. 22, 2016, Carrillo picked up several reptiles from a supplier in Juarez, including a Central American river turtle (Dermatemys mawaii), which is a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)-protected and endangered species, and transported them across the U.S.-Mexico border to his residence in El Paso. He then re-packaged the animals and sent them to a buyer in Oklahoma. The total value of the shipment was $1,650. Carrillo did not have a CITES import permit for any of the smuggled animals, nor were any permits issued in the name of any of the suppliers. In addition, Carrillo did not submit the necessary import wildlife declaration form to the USFWS.

The USFWS Office of Law Enforcement and the Environment and Natural Resources Division’s Environmental Crimes Section investigated the case.

Trial Attorneys Mary Dee Carraway and Gary Donner of the Environmental Crimes Section prosecuted the case.

Former Owner of Aquarium Business Sentenced to Prison for Illicit Trafficking of Protected Reef Creatures

 The Justice Department announced today that a Puerto Rico man was sentenced to a year and a day in federal prison for felony violations of the Lacey Act that involved the trafficking and false labeling of protected reef creatures as part of an effort to subvert Puerto Rican laws designed to protect coral reef organisms.

In 2013 through 2016, Aristides Sanchez, of Arecibo, was the owner of the Arecibo-based saltwater aquarium business, Wonders of the Reef Aquarium. A large part of the business was devoted to the sale of native Puerto Rican marine species that are popular in the saltwater aquarium trade.

Sanchez sent live specimens to customers in the mainland United States and foreign countries by commercial courier services. One of the most popular items that Sanchez sent off-island was a coral-like organism from the genus Ricordea. These animals are known as “rics,” “polyps,” or “mushrooms” in the aquarium industry. Members of the genus form part of the reef structure and spend their adult lives fastened in place to the reef. These animals are colorful in natural light, but what makes them particularly interesting to aquarium owners is that they “glow” under the UV lights that are typically used in high-end saltwater aquariums.

It is illegal to harvest Ricordea, zoanthids, and anemones in Puerto Rico if the specimens are going to be sent off-island or otherwise sold commercially, nor is there a permit available to do so. Sanchez personally collected some of the Ricordea and other reef creatures that he sold off-island. Because Ricordea are attached to the reef substrate, Sanchez would utilize a hammer and chisel to break off the animals, and in doing so, take chunks of the reef with him. At other times, Sanchez would purchase the Ricordea from other sources, knowing or suspecting that the specimens had been harvested illegally.

In order to cover up the nature of his shipments and to avoid detection from governmental inspection authorities, Sanchez would falsely label each shipment. Sanchez would refer to living marine organisms as “pet supplies,” “aquarium supplies,” “LED lights,” or similar inanimate objects on shipping labels and invoices. At times, he used a fake name to cover his actions.

From January 2013 to March 2016, Sanchez sent or caused to be sent at least 130 shipments of falsely labeled marine species that were illegally harvested in the waters of Puerto Rico. While there is some variation in the price of Ricordea depending on coloration, size, and other factors, the retail value of Ricordea shipped by Sanchez typically ranges from $25 to $50 per item. From on or about Jan. 7, 2013, through on or about March 16, 2016, the retail value of the falsely labeled and/or unlawfully harvested marine invertebrates shipped personally by Sanchez or on his behalf with his knowledge, was at least $800,000.

In addition to the prison time, Sanchez was sentenced to a supervised release term of two years and 120 hours of community service. The court also banned Sanchez from collecting or procuring marine life, shipping marine life off-island and scuba diving and snorkeling in Puerto Rico.

To view pictures of the seized coral, click here: https://www.justice.gov/opa/press-release/file/992481/download.

This case was investigated as part of Operation Rock Bottom and Operation Borinquen Chisel by Special Agents of the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration with support from the USFWS Inspectors. The case is being prosecuted by Christopher L. Hale of the Justice Department’s Environmental Crimes Section along with Assistant U.S. Attorney Carmen Marquez of the U.S. Attorney’s Office for the District of Puerto Rico.

Man Pleads Guilty to Violating Endangered Species Act

 A New York man pleaded guilty in U.S. District Court to selling a mounted leopard, which is an endangered species.

Michael T. Merisola, 62, of Buffalo pleaded guilty Jan. 29 to one count of violating the Endangered Species Act before U.S. Magistrate Judge Chelsey M. Vascura.

According to his plea, in August 2019, Merisola posted a photograph on his Instagram page that included a mounted leopard in the background. An undercover special agent with the U.S. Fish and Wildlife Service communicated with Merisola about buying the leopard from the defendant. The two discussed the illegality of buying/selling a leopard across state lines.

Merisola said he wanted $4,200 for the leopard, and the undercover agent traveled from Ohio to Buffalo to see the mounted animal and make a down payment to purchase it. Merisola later accepted the remaining payment and shipped the leopard from New York to Ohio.

Leopards are classified under federal regulations as threatened or endangered wherever they are found.

Special Assistant U.S. Attorney J. Michael Marous of the Southern District of Ohio and Trial Attorney Adam C. Cullman from the Justice Department’s Environment and Natural Resources Division are prosecuting the case.

U.S. Attorney Announces Extradition Of Kenyan National For Large-Scale Trafficking Of Rhinoceros Horns And Elephant Ivory And Heroin Distribution

 Indictment Alleges Conspiracy to Smuggle at Least 190 Kilograms of Rhinoceros Horns and at Least 10 Tons of Elephant Ivory Valued at More Than $7 Million

Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that MANSUR MOHAMED SURUR, a/k/a “Mansour,” a Kenyan citizen, was extradited from Kenya and arrived in the United States this morning.  SURUR was arrested by Kenyan authorities on July 29, 2020, in Mombasa, Kenya, on charges of conspiracy to traffic in rhinoceros horns and elephant ivory, both endangered wildlife species, which involved the illegal poaching of more than approximately 35 rhinoceros and more than 100 elephants.  In addition, SURUR was charged with conspiracy to commit money laundering and conspiracy to distribute and possess with intent to distribute more than 10 kilograms of heroin.  SURUR’s co-defendant, Moazu Kromah, a/k/a “Ayoub,” a/k/a “Ayuba,” a/k/a “Kampala Man,” a citizen of Liberia, was previously deported to the United States from Uganda on June 13, 2019.  Co-defendant Amara Cherif, a/k/a “Bamba Issiaka,” a citizen of Guinea, was extradited to the United States from Senegal on April 3, 2020.  Co-defendant Abdi Hussein Ahmed, a/k/a “Abu Khadi,” a citizen of Kenya, remains a fugitive.  SURUR is expected to be arraigned later today before U.S.  Magistrate Judge Debra Freeman.  The case has been assigned to U.S. District Judge Gregory H. Woods.

Manhattan U.S. Attorney Audrey Strauss said:  “Mansur Mohamed Surur is alleged to be a member of an international conspiracy to traffic in rhino horns, elephant ivory, and heroin.  The enterprise is allegedly responsible for the illegal slaughter of dozens of rhinos and more than 100 elephants, both endangered species.  The excellent work of the Fish and Wildlife Service and the DEA has put an end to this operation.”                

According to allegations in the Indictment[1]:

Kromah, Cherif, SURUR, and Ahmed were members of a transnational criminal enterprise (the “Enterprise”) based in Uganda and surrounding countries that was engaged in the large-scale trafficking and smuggling of rhinoceros horns and elephant ivory, both protected wildlife species.  Trade involving endangered or threatened species violates several U.S. laws, as well as international treaties implemented by certain U.S. laws.

From at least in or about December 2012 through at least in or about May 2019, Kromah, Cherif, SURUR, and Ahmed conspired to transport, distribute, sell, and smuggle at least approximately 190 kilograms of rhinoceros horns and at least approximately 10 tons of elephant ivory from or involving various countries in East Africa, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers located in the United States and countries in Southeast Asia.  Such weights of rhinoceros horn and elephant ivory are estimated to have involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants.  In total, the estimated average retail value of the rhinoceros horn involved in the conspiracy was at least approximately $3.4 million, and the estimated average retail value of the elephant ivory involved in the conspiracy was at least approximately $4 million.

The defendants exported and agreed to export the rhinoceros horns and elephant ivory for delivery to foreign buyers, including those represented to be in Manhattan, in packaging that concealed the rhinoceros horns and elephant ivory in, among other things, pieces of art such as African masks and statues.  The defendants received and deposited payments from foreign customers that were sent in the form of international wire transfers, some which were sent through U.S. financial institutions.

On a number of occasions, Kromah, SURUR, and Ahmed met with a confidential source (“CS-1”), both together and separately, concerning potential purchases of elephant ivory and rhinoceros horn.  During these meetings and at other times via phone calls and electronic messages, CS-1 discussed with Kromah, SURUR, and Ahmed, in substance and in part, the terms of such sales, including the price, weight, or size of the rhinoceros horns, as well as payment, destination, and delivery options.  CS-1 also discussed with Cherif via phone calls and electronic messages, in substance and in part, the terms of the sales, as well as how to send payment for rhinoceros horns from a United States bank account located in New York, New York.  On or about March 16, 2018, law enforcement agents intercepted a package containing a black rhinoceros horn sold by the defendants to CS-1 that was intended for a buyer represented to be in New York, New York.  From in or about March 2018 through in or about May 2018, the defendants offered to sell CS-1 additional rhinoceros horns of varying weights, including horns weighing up to approximately seven kilograms.  On or about July 17, 2018, law enforcement agents intercepted a package containing two rhinoceros horns sold by the defendants to CS-1 that were intended for a buyer represented to be in New York, New York. 

Separately, from at least in or about August 2018 through at least in or about May 2019, SURUR and Ahmed conspired to distribute and possess with intent to distribute more than approximately 10 kilograms of heroin to a buyer represented to be located in New York. 

                                                            *                      *                      *

SURUR, 60, is charged with one count of conspiracy to commit wildlife trafficking and two counts of wildlife trafficking, which each carry a maximum sentence of five years; one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years; and one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, which carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the U.S. Fish and Wildlife Service and the U.S. Drug Enforcement Administration.  In addition, she thanked law enforcement authorities and conservation partners in Uganda as well as the Kenyan Directorate of Criminal Investigations and the Kenyan Office of the Director of Public Prosecutions for their assistance in the investigation.  Ms. Strauss also thanked the U.S. Department of Justice’s Office of International Affairs for their assistance, and noted that the investigation is continuing.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Sagar K. Ravi and Jarrod L. Schaeffer are in charge of the prosecution.

The charges contained in the Indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty.

 

---

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and its description set forth below constitute only allegations, and every fact described should be treated as an allegation.

Yellow Stone Treasure Hunter Pleads Guilty

 RODRICK DOW CRAYTHORN, 52, of Syracuse, Utah entered pleas of guilty to charges of excavating or trafficking in archeological resources, and injury or depredation to United States property in U.S. District Court on January 4, 2021.  He was indicted by a federal grand jury on September 16, 2020.  The indictment alleged that Craythorn was found digging in the Fort Yellowstone Cemetery between October 1, 2019 and May 24, 2020 inside Yellowstone National Park while looking for the treasure buried by Forrest Fenn.  By pleading guilty Craythorn admits he is, in fact, guilty of the crimes charged.

“The hunt for the Forrest Fenn treasure was often viewed as a harmless diversion, but in this case it led to substantial damage to important public resources,” said US Attorney Mark Klaassen.  “The Defendant let his quest for discovery override respect for the law.”     

Excavating or trafficking in archeological resources carries a potential penalty of up to two years in prison, a fine of up to $20,000, and one year of supervised release.  Injury or depredation to United States Property carries a penalty of not more than ten years imprisonment, up to a $250,000 fine, and three years of supervised release.  Chief U.S. District Court Judge Scott W. Skavdahl accepted Craythorn’s plea and scheduled his sentencing on March 17, 2021 in Casper, Wyoming at the Ewing T. Kerr Federal Court House.