Former Ohio Wildlife Officer Convicted of Trafficking in White-Tailed Deer

WASHINGTON – Allan Wright, 45, of Russellville, Ohio, pleaded guilty today in federal court in Cincinnati to violating the Lacey Act by trafficking in and making false records for illegally harvested white-tailed deer, the Department of Justice announced.   Wright committed the Lacey Act crimes while he was employed as a wildlife officer for the Ohio Department of Natural Resources.   Wright’s employment as a wildlife officer was terminated after he was indicted in August 2011.   As part of his plea agreement, Wright has agreed not to appeal his termination.

Among other things, t he Lacey Act makes it a crime for a person to knowingly transport or sell wildlife in interstate commerce when the wildlife was taken or possessed in violation of state law.   The Lacey Act also makes it a crime for a person to knowingly make or submit a false record, account or label for wildlife that has been transported in interstate commerce.   Wright pleaded guilty to a total of four Lacey Act crimes based on his conduct between 2006 and 2010.  

As part his plea, Wright admitted that, using his authority as a wildlife officer, he sold a resident Ohio hunting license to a non-resident hunter in 2006.   That hunter used the illegal Ohio resident hunting license to kill three white-tailed deer.   As part of his plea, Wright admitted that he “checked in” those deer by providing a false Ohio residence address for the non-resident hunter in order to make it appear that the deer were killed by an Ohio resident.   After the deer were checked in, the non-resident hunter transported them in interstate commerce from Ohio to South Carolina.

Also as part of his plea, Wright admitted that, using his authority as a wildlife officer, he seized white-tailed deer antlers from a hunter who had killed a deer illegally in 2009.   Wright admitted that, rather than disposing of the antlers through court proceedings, as required by Ohio law, he knowingly supplied them to another individual who transported them from Ohio to Michigan.   As part of his plea, Wright admitted that he filed an official state form, which falsely reported that he had personally destroyed those antlers.  

Wright faces a maximum penalty of one year in prison and a $100,000 fine per count.   A date has not yet been set for Wright’s sentencing.

This case was investigated by the U.S. Fish & Wildlife Service, Office of Law Enforcement.   This case was prosecuted by Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section of the Environment and Natural Resources Division.

New Zealand Fishing Company Indicted for Enviromental Crimes and Obstruction of Justice

WASHINGTON – A federal grand jury in Washington, D.C., has returned a seven-count indictment charging Sanford Ltd. with violating the Act to Prevent Pollution from Ships (APPS), conspiracy and obstruction of justice, announced Assistant Attorney General Ignacia S. Moreno and United States Attorney Ronald C. Machen Jr.

Sanford Ltd. is a New Zealand based company that operates the Fishing Vessel (F/V) San Nikunau, a vessel that routinely delivers tuna to a cannery in American Samoa.   The indictment describes a conspiracy where the crew of the vessel routinely discharged oily bilge waste from the vessel directly into the sea during its fishing voyages since at least 2007.   Sanford Ltd. was also charged with violating the APPS for failing to accurately maintain an oil record book for the vessel and with obstruction of justice for presenting false documents and deceiving the Coast Guard during an inspection.  

If convicted, Sanford Ltd. could be fined up to $500,000 per count or twice the gross gain or loss that resulted from the criminal conduct.   The indictment also seeks criminal forfeiture from Sanford Ltd. of more than $24 million for proceeds derived by Sanford Ltd. as a result of the criminal conduct.  

An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until and unless proven guilty.

This case was investigated by the U.S. Coast Guard.   The case is being prosecuted by the U.S. Attorney's Office for the District of Columbia and by the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice.

Virginia Man Pleads Guilty to Trafficking in Illegally-Imported Sperm Whale Teeth

Crimes against endangered animals are one of several types of crimes against our environment.  Check out these Fish & Wildlife Service books written by law enforcement officers with experience in the outdoors.

WASHINGTON – Richard M. Ertel, of Spotsylvania, Va., pleaded guilty today in U.S. District Court in Richmond, Va., to the illegal importation and illegal trafficking of sperm whale teeth, the Department of Justice announced.  

Ertel pleaded guilty to two felony violations of the Lacey Act for trading in endangered marine mammal parts.   Sperm whales are classified as “endangered” under the Endangered Species Act (ESA), and are listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.  It is illegal to import parts of sperm whale teeth into the United States without the requisite permits and certifications, and without declaring the merchandise at the time of importation to U.S. Customs and the U.S. Fish and Wildlife Service.

Sperm whale teeth are commonly used for scrimshaw and can fetch large sums of money from collectors and tourists.  Scrimshaw, as defined by the ESA, is any art form which involves the substantial etching or engraving of designs upon, or the substantial carving of figures, patterns or designs from, any bone or tooth of any whale, dolphin or porpoise.  

As part of the plea, Ertel admitted that from April 2002 to June 2007, he was in the business of buying and selling sperm whale teeth that he purchased from sources in the Ukraine, and then sold to customers in Virginia and elsewhere in the United States.    He admitted to conducting much of his business via the Internet.      

As a result of the felony conviction, Ertel could be sentenced up to five years in prison and fined up to $250,000 for each count.   Sentencing is scheduled for Jan. 9, 2012.

The case was investigated by agents from the Law Enforcement Offices of the National Oceanic and Atmospheric Administration and U.S. Customs and Boarder Protection.  The case is being prosecuted by Assistant U.S. Attorney Dave Maguire of the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Gary N. Donner of the Environmental Crimes Section of the Environment and Natural Resources Division at the Department of Justice.

Alabama Man Indicted for Lacey Act Wildlife Crimes

WASHINGTON – A Scottsboro, Ala., man was indicted today for the illegal possession, transportation and sale of protected reptiles in violation of the Lacey Act, announced Ignacia S. Moreno Assistant Attorney General for the Justice Department’ s Environmental & Natural Resources Division and Joyce White Vance, U.S. Attorney for the Northern District of Alabama.

David Langella, 43, a resident of Scottsboro, traveled to Arizona for the past six years to hunt and capture Arizona state protected reptiles.   According to the felony and misdemeanor charges filed in federal court, Langella conspired with others to violate the Lacey Act, as well as   Arizona and Alabama state laws.   Langella transported some of the illegally captured reptiles back to Scottsboro for his own collection and some were distributed to others.   In addition, Langella provided guiding services to others for the capture of Arizona protected reptiles.  

According to the indictment filed in federal court:

In 2009, Langella traveled to Arizona where he provided guiding services to others for the capture of Gila monsters and Ridge nosed rattle snakes. Arizona state law prohibits the hunting and capture of both reptiles.

In 2009, Langella facilitated the transportation of non-indigenous poisonous reptiles into and out of Alabama in violation of Alabama law.

In 2009, Langella attempted to obstruct law enforcement officials in Alabama by concealing illegally obtained reptiles.

In 2006, Langella shipped illegally captured protected reptiles to Alabama using false shipping labels.

In 2008, Langella captures protected reptiles in Arizona and transported them back to Alabama in violation of Arizona and Alabama state laws.

The Lacey Act is a federal wildlife law which makes it unlawful to transport, sell, receive, acquire or purchase wildlife which was taken, transported, possessed or sold in violation of state, federal or Indian tribal laws or regulations.

An indictment is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

The investigation was conducted by agents with the U.S. Fish and Wildlife Service, Office of Law Enforcement and the Alabama Wildlife and Freshwater Fisheries Division, Special Operations Unit. The case is being prosecuted by the Office of U.S. Attorney Joyce Vance White, Northern District of Alabama, in conjunction with the Environmental Crimes Section of the U.S. Department of Justice, Environment and Natural Resources Division.

Justice Department and EPA Officials Discuss Black Warrior River and Environmental Justice in Birmingham

BIRMINGHAM—The chief environmental enforcement official from the U.S. Department of Justice will visit Birmingham on Wednesday. Assistant Attorney General Ignacia S. Moreno will join U.S. Attorney Joyce Vance, EPA Regional Administrator Gwen Keyes Fleming, and Birmingham Division FBI Special Agent in Charge (SAC) Patrick Maley in meetings with federal enforcement partners and other stakeholders, including environmental organizations and community groups.

Among other meetings in Birmingham, Assistant Attorney General Moreno, U.S. Attorney Vance, EPA Regional Administrator Fleming and FBI SAC Maley will participate in a public listening session in Ensley to discuss environmental challenges, including issues affecting the Black Warrior River basin. State and local officials, including the Alabama Department of Environmental Management, have been invited to attend the listening session.

“The recent listing of the Black Warrior as one of America’s Most Endangered Rivers highlights the importance of and the need for federal enforcement actions within this watershed, which provides drinking water for much of northern Alabama,” U.S. Attorney Vance said. “We hope to hear the candid concerns of the community and develop a better understanding of environmental justice concerns within the watershed.”

“I look forward to meeting with our partners in law enforcement, and with those in the community to discuss the impact of pollution in Alabama and the critical importance of environmental protection,” said Assistant Attorney General Moreno. “By vigorously enforcing the nation’s environmental laws, we are protecting the air, water, land, and the wildlife that Alabamians enjoy, including in the Black Warrior watershed. More broadly, we are seeking to make environmental justice a reality by reaching out to communities and taking their concerns into account as we enforce the law.”

“EPA has a long and effective history of working in the Black Warrior Watershed to protect public health and the environment. We look forward to hearing directly from Alabamians on key environmental issues that impact the places where they live, work, play and learn, to ensure that all communities have a seat at the table,” said EPA Regional Administrator Fleming.

Assistant Attorney General Moreno leads the Environment and Natural Resources Division of the U.S. Department of Justice. She is a leading practitioner in the field of environmental and natural resources law, with more than two decades of experience in both the public and private sectors.

Environmental justice is a major priority of the Department of Justice and the EPA, to provide all Americans—regardless of their race, ethnicity or income status—full protection under the nation’s environmental laws and protection from pollution, hazardous waste, and toxic substances.

The listening session will be held in Ensley, a western Birmingham neighborhood along Village Creek, a 44-mile waterway that runs from its headwaters in eastern Birmingham to the Locust Fork of the Black Warrior River. Flooding and pollution for decades have plagued the creek and many inner-city residents who live near it.

The meeting is scheduled at 10 a.m. at the East Ensley Branch of the Birmingham Public Library, 900 14th St., Ensley. Take I-59/20 Exit 120 onto 20th St., Ensley, and turn right at Avenue I. Go six blocks to 14th Street. The library is on the corner.