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.

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.

Federal Officials Announce Nationwide Crackdown on Black Market Rhino Trade

WASHINGTON – Seven people have been arrested on charges of trafficking in endangered black rhinoceros horn over the past week in Los Angeles, Newark, N.J., and New York, the Department of Justice and Department of the Interior today announced.  Special agents of the U.S. Fish and Wildlife Service (FWS) and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) made the arrests and have executed search warrants in five different states as part of “Operation Crash,” a multi-agency effort to investigate and prosecute those involved in the black market trade of endangered rhinoceros horn.

In Los Angeles, Jin Zhao Feng, a Chinese national who allegedly oversaw the shipment of at least dozens of rhino horns from the United States to China, was arrested last night.   Last weekend, members of an alleged U.S.-based trafficking ring that supplied rhino horns to Feng were arrested after being charged with conspiracy and violations of the Lacey Act and the Endangered Species Act for purchasing rhino horns from various suppliers in the U.S.  Charges were filed against Jimmy Kha, the owner of Win Lee Corporation; his son Felix Kha; and Mai Nguyen, the owner of a nail salon where packages containing rhinoceros horns were being mailed.  One of the alleged suppliers, Wade Steffen, was arrested in Hico, Texas, and charged in Los Angeles.  According to a criminal complaint filed in U.S. District Court in Los Angeles, the Khas began receiving packages from Steffen and another supplier in 2010.  Seventeen packages were opened under federal search warrants and 37 rhinoceros horns were found.

A search of Steffen’s luggage at the Long Beach Airport in California on Feb. 9, 2012, turned up $337,000 in cash. In additional searches conducted by FWS and ICE, agents found rhinoceros horns, cash, bars of gold, diamonds and Rolex watches.   Approximately $1 million in cash was seized and another $1 million seized in gold ingots.

“The rhino is an animal of prehistoric origin that is facing possible extinction because of an illegal trade for its horns on the black market that is driven by greed,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice.  “The rhino is protected under both U.S. and international law, and we are taking aggressive action to protect the rhino by investigating and vigorously prosecuting those who are engaged in this brutal trade.”    

In New Jersey, Amir Even-Ezra was arrested Saturday, Feb. 18, 2012, on a felony trafficking charge in violation of the Lacey Act after purchasing rhino horns from an individual from New York at a service station off of the New Jersey Turnpike.   Even-Ezra allegedly brought a scale for weighing the horns and envelopes of cash to the meeting, which was brokered by an individual outside of the United States.

In U.S. District Court in Manhattan, antiques expert David Hausman was also charged with illegally trafficking rhinoceros horns and with creating false documents to conceal the illegal nature of the transaction, both in violation of the Lacey Act.  Hausman allegedly purchased a black rhinoceros mount (a taxidermied head of a rhinoceros) from an undercover officer in Illinois and was later observed sawing off the horns in a motel parking lot.  Rhino horns were found in a search conducted on Saturday, Feb. 18, 2012, following his arrest.

“Rhino horn traffickers continue to fuel the illegal demand for horn, demand that has led to hundreds of rhino deaths and put the white and black rhino in danger of extinction in the wild,” said U.S. Fish and Wildlife Service Director Dan Ashe.  “These arrests have dealt a serious blow to rhino horn smuggling, but represent only the beginning of a significant crackdown on this illegal trade.”

“The illegal trade in endangered wildlife robs the world of these magnificent creatures in their natural habitat,” said ICE Director John Morton.  “This case is a reflection of our commitment to ensuring that our children and grandchildren are not deprived by criminals whose only goal is to make a quick buck at the expense of these innocent creatures.”

Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth.   All species of rhinoceros are protected under U.S. and international law.   All black rhinoceros species are endangered.   Rhino horns are composed of keratin, the same type of protein that makes up hair and fingernails.   Rhinoceros horn is a highly valued and sought-after commodity despite the fact that international trade has been largely banned since 1976.   The demand for rhinoceros horn, which is used by some cultures for ornamental carvings, good luck charms or alleged medicinal purposes, has resulted in a thriving black market – a market that has escalated in recent years in both volume and per-unit profit.

  If convicted, maximum penalties under these charges are up to five years in prison and a $250,000 fine for conspiracy; five years in prison and a $250,000 fine for Lacey Act violations; and up to one year in prison and a $100,000 fine for violations of the Endangered Species Act.

Operation Crash (a “crash” is the term for a herd of rhinoceros) is a continuing investigation by the Department of Justice and the Department of the Interior FWS, with assistance from other federal and local law enforcement agencies including ICE and the Internal Revenue Service.   The investigation is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a task force of agents focused on rhino trafficking.

A criminal complaint is a charge based on probable cause allegations. A defendant is presumed innocent unless and until convicted.

The criminal prosecution is being handled by the U.S. Attorney’s Office for the Central District of California, the U.S. Attorney’s Office for the District of New Jersey, the U.S. Attorney’s Office for the Southern District of New York and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division, with assistance from the U.S. Attorney’s Office for the Western District of Missouri.

Alabama Man Pleads Guilty to Selling Anhinga Feathers

WASHINGTON – Alexander D. Alvarez of Atmore, Ala., pleaded guilty in federal court today to violating the Lacey Act and the Migratory Bird Treaty Act (MBTA) for illegally selling and possessing the feathers of anhingas and other migratory birds protected under the MBTA, the Department of Justice Environment and Natural Resources Division and the U.S. Attorney’s Office for the Southern District of Alabama announced.  

Alvarez was charged by criminal information on Feb. 1, 2012, with one felony Lacey Act violation, one felony MBTA violation and one misdemeanor MBTA violation.   The Lacey Act charge carries a maximum penalty of five years in prison and a fine of $250,000.   The felony MBTA charge carries a maximum penalty of two years in prison and a fine of $250,000.   The misdemeanor MBTA charge carries a maximum penalty of six months in prison and a fine of $15,000.   Sentencing is scheduled for May 22, 2012.  

Under the MBTA, the Secretary of the Interior maintains a list of migratory birds which are protected from, among other things, being killed, sold, bartered, transported or possessed, except as otherwise permitted by federal regulation.   Enrolled members of federally-recognized American Indian tribes may possess eagle and other migratory bird feathers and parts for religious and ceremonial purposes, but federal law strictly prohibits the sale of migratory birds, feathers or their parts by any person.   Alvarez is not an enrolled member of a federally-recognized American Indian tribe.   The Lacey Act prohibits, among other things, the sale of wildlife knowing that the wildlife was taken or possessed in violation of any federal wildlife-related regulation or law.     

 “Mr. Alvarez sought to profit from selling protected bird feathers he had no legal right to possess,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice.   “Federal law prohibits the sale of migratory birds, feathers or their parts for commercial gain.   In enforcing these wildlife laws in partnership with tribal law enforcement, we share a duty to protect the nation’s scarce and precious wildlife resources.   In protecting these resources for future generations, we also ensure the ability of federally recognized tribal members to possess eagle and migratory bird feathers for religious and ceremonial practices.”

 “Protecting our natural resources, particularly wildlife, from being exploited against the law for personal gain continues to be a significant function of the Department of Justice,” said Kenyen R. Brown, U.S. Attorney for the Southern District of Alabama.  “Successful prosecutions of this nature help ensure that the next generation of Americans enjoy the same level of wildlife that we do today.”

According to court documents, Alvarez communicated via email with an individual in Louisiana and eventually exchanged two anhinga tails that Alvarez possessed for a crested caracara tail, a Harris’s hawk tail and $400, which the individual possessed.   Alvarez later sent 14 sets of anhinga tail feathers to this individual and asked the individual to photograph and offer the tails for sale via email.   Alvarez received payment from the Louisiana individual for the anhinga tail feathers that were sold.   A federal search warrant was executed at Alvarez’s home on March 11, 2009, and feathers from several migratory bird species were seized.  

This case resulted from an investigation by the U.S. Fish and Wildlife Service’s Office of Law Enforcement into the illegal commercialization of eagles and other migratory birds protected by federal law.   The investigation was jointly conducted with the Navajo Nation Department of Fish and Wildlife.   The case is being prosecuted by the U.S. Attorney’s Office for the Southern District of Alabama and the Department of Justice’s Environment and Natural Resources Division, Environmental Crimes Section.

Manifested Rug was a “Croc”

Houston CBP Officers Seize Crocodile Skin Stitched Rug

Houston — U.S. Customs and Border Protection officers assigned to George Bush Intercontinental Airport’s Air Cargo division seized a rug stitched with crocodile skin earlier this month.

A rug stitched with crocodile skin was seized by CBP officers assigned to George Bush's Intercontinental Airport's Air Cargo Division. Crocodiles are an endangered species and the importation of their skins or leather is prohibited.

The shipment, which arrived from Lagos, Nigeria, was selected for inspection by CBP officers. During the inspection officers discovered the rug and one other animal skin. CBP officers referred the rug to US Fish & Wildlife for further examination, and they determined the reptile stitch pattern was in fact crocodile skin.

“Our officers’ vigilance while performing their duties outlines the broad scope of the enforcement responsibilities that CBP employees carry out on a daily basis,” said Houston Director of Field Operations Judson W. Murdock, II. “This seizure is an excellent example of interagency collaboration between federal agencies whose common goals help to protect the public and wildlife.”

Crocodiles are an endangered species and the importation of their skins or leather is prohibited. The rug was turned over to U.S. Fish and Wildlife for final disposition.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

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.

Professional Illinois Duck Hunter Jeff Foiles Sentenced to More Than One Year in Jail and Fines for Illegal Hunting and Guiding Activities

More people hunt illegally than you know.  Read these environmental crime books and find out about these poachers.

WASHINGTON – Professional duck hunter and guide Jeffrey B. Foiles was sentenced today by a federal judge in Springfield, Ill., to 13 months in prison, the Department of Justice’s Environment and Natural Resources Division announced.

Foiles, 54, of Pleasant Hill, Ill., pleaded guilty in June 2011 to one misdemeanor count of unlawful sale of wildlife in violation of the Lacey Act, as well as one misdemeanor count of unlawfully taking migratory game birds in violation of the Migratory Bird Treaty Act.  At the same time, the company that operated Foiles’ hunting club, the Fallin’ Skies Strait Meat Duck Club LLC, located in Pike County, Ill., pleaded guilty to an information charging it with one felony count of unlawful sale of wildlife in violation of the Lacey Act and one felony count of making false writings in a matter within the jurisdiction of the U.S. Fish and Wildlife Service.

According to those plea agreements, between 2003 and 2007, Foiles sold and guided waterfowl hunts at the club for the purpose of illegally hunting ducks and geese in excess of hunters’ individual daily bag limits.  Guided hunters paid $250 per day for hunts at the club.  Foiles and others at the club also falsified hunting records in order to conceal the excesses.

In accordance with Foiles’ plea agreement filed in June and accepted by the court today, U.S. Magistrate Judge Byron G. Cudmore sentenced Foiles to 13 months in prison, to be followed by one year of supervised release during which time he may not hunt or guide hunters, and to pay a $100,000 fine.  As a further term of his plea agreement, Foiles has also agreed to one additional year, following completion of his term of supervised release, during which he will not hunt or guide.  Foiles was ordered to self report to begin serving his sentence on November 21, 2011.

A separate sentencing hearing for Fallin’ Skies Strait Meat Duck Club LLC is scheduled for Dec. 20, 2011, before U.S. District Judge Richard Mills.

Foiles pleaded guilty to separate hunting-related wildlife charges in Canada on Sept. 14, 2011.   The Canadian court has taken the plea under advisement and is expected to decide soon whether to impose the fines and three-year hunting ban jointly recommended by the defense and Canadian prosecutors.

The case was investigated by the U.S. Fish & Wildlife Service, in cooperation with the Illinois Department of Natural Resources, the Iowa Department of Natural Resources, and the government of Canada.  The case is being prosecuted by the U.S. Attorney’s Office for the Central District of Illinois and the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

Louisiana Brothers Plead Guilty and Are Sentenced for Knowingly Killing Protected Alligators

Alligator Guides Fined And Prohibited From Hunting Alligators For Three Years

WASHINGTON— Two Louisiana brothers  pleaded guilty today and were sentenced in U.S. District Court in Baton Rouge, La., for  Lacey Act violations for their role in illegally killing American Alligators in violation of the federal Endangered Species Act and Louisiana law, the Department of Justice Environment and Natural Resources Division announced. 

According to statements made in court, in October 2005 and in September 2006, Clint Martinez, 44, a licensed alligator hunter, and his brother, Michael Martinez, 47, a licensed alligator helper, guided out-of-state alligator sport hunters who were clients of an outfitter, to areas for which they did not have appropriate state authorization to hunt.  In October 2005, the sport hunter clients killed a 10 foot, two-inch trophy-sized alligator.  In September 2006, the sport hunter clients killed a 10 foot trophy-sized alligator and a 12 foot, six-inch trophy-sized alligator.

The Martinez brothers, both of Plaquemine, La., were sentenced to serve a three year term of probation during which they will be prohibited from hunting as follows: for one year of the probation the defendants will be prohibited from engaging worldwide in all hunting activities, including guiding, with any kind of weapon; for the remaining two years of probation the defendants will be prohibited from engaging worldwide in all commercial alligator hunting activities, including guiding.  In addition, each defendant will pay a $5,000 fine, serve 200 hours of community service, and publish a statement in a newspaper setting forth a brief summary of the offense and its potential penalties, and apologizing for their illegal conduct.

American Alligator hunting is a regulated commercial activity in the state of Louisiana due to severe over-hunting up until the 1960’s, resulting in a drastic population decline.  Specifically, the Endangered Species Act prohibits the taking of wild American Alligators unless in compliance with Louisiana’s laws and regulations.  Louisiana law requires hunters and helpers to hunt only on property for which alligator tags are issued by the state.  Each tag specifies an area where alligator hunting is to occur.  By law, licensed hunters and helpers are expected to know what the licensed alligator hunter’s hide tags provide, and hunt only in the area specified for each tag.  It is illegal to kill an alligator in an area for which the licensed hunter or helper does not have appropriate hide tags.  These regulations setting limitations on alligator hunting have allowed for the alligator population levels in Louisiana to rebound to sustainable levels.   

In addition to being listed as a threatened species on the U.S. list of Threatened and Endangered Species, the American alligator also is listed as a crocodilian species on Appendix II of the Convention on International Trade in Endangered Species (CITES).  To better regulate trade in crocodilian species, the parties to CITES agreed to a program of requiring a uniquely numbered tag to be inserted into the skin of each animal immediately after it is killed.  The tag is to remain with the skin as it travels in interstate or international commerce until it is manufactured into a final consumer product.  The secretary of the Interior promulgated special rules for American alligators that implement the CITES tagging program and regulate the harvest of alligators within the United States. 

The case is being prosecuted by Shennie Patel and Susan Park of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.  The case was investigated by the Law Enforcement Division of the Louisiana Department of Wildlife and Fisheries and the U.S. Fish and Wildlife Service’s Office of Law Enforcement. 

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.

Two Texas Deer Hunters Indicted on Federal Charges of Violating Lacy Act

WICHITA, KS—Two Texas hunters have been indicted on federal poaching charges, U.S. Attorney Barry Grissom said today.

Justin Klein, 29, Center, Texas was indicted on three counts of transporting deer across state lines after the deer were illegally taken in Kansas. The indictment alleges the deer were taken in violation of Kansas hunting laws Nov. 1, 2006, and Nov. 1, 2007, in Comanche County, Kan.

Johnny Risinger, 43, Mt. Enterprise, Texas, was indicted on one count of transporting a deer across state lines after the deer was illegally taken in Kansas. The indictment alleges the deer was taken in violation of Kansas hunting laws on Dec. 1, 2005, in Comanche County, Kan.

Both men are charged under the Lacey Act, which 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.

The indictments are related to a federal investigation that led to the convictions of James Bobby Butler, Jr., and Marlin Jackson Butler on charges of conspiracy and interstate trafficking of game illegally taken in Kansas. James Butler was sentenced to 41 months in federal prison and Marlin Butler was sentenced to 27 months in federal prison. In the initial indictment against the Butlers, Klein and Risinger were identified by the initials JK and JR.

If convicted, Risinger and Klein face a maximum penalty of five years in federal prison and a fine up to $20,000 on each count. The U.S. Fish and Wildlife Service investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

OTHER INDICTMENTS

A grand jury meeting in Wichita, Kan., also returned the following indictments:

Oscar Galindo, 40, a citizen of Mexico, is charged with one count of possession and use of false identification documents, two counts of aggravated identity theft and one count of making a false statement to an agent of the Drug Enforcement Administration. The crimes are alleged to have occurred Jan. 7, 2011, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on the charge of possession false documents, a mandatory two years consecutive to other sentences on each count of aggravated identity theft and a maximum penalty of five years and a fine up to $250,000 on the charge of making a false statement.

The Kansas Bureau of Investigation, Immigration and Custom Enforcement’s Homeland Security Investigations and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Michael Scott Ramsey, 26, 1610 E. 7th, Hutchinson, Kan., is charged with two counts of threatening the life of the president of the United States. The crimes are alleged to have occurred July 1, 2009, and July 7, 2011, in Reno County, Kan.

If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000. The Department of Homeland Security and the U.S. Secret Service investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Jane Doe, also known as Sarita Ceteno, also known as Sarita Gonzalez, 39, a citizen of Columbia who has been living in Wichita, Kan., is charged with one count of possessing false identification documents, two counts of aggravated identity theft and one count on unlawful production of a Kansas driver’s license. The crimes are alleged to have occurred Oct. 23, 2009, in Sedgwick County, Kan.

If convicted, she faces a maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on the charge of possessing false documents, a mandatory two years and a fine up to $250,000 on each count of aggravated identity theft, and a maximum penalty of 15 years without parole and a fine up to $250,000 on the charge of producing a false driver’s license. The Kansas Department of Revenue, Criminal Investigations and the U.S. Department of State, Diplomatic Security Service investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Anh Ngoc Dang, 34, is charged with one count unlawful production of a Kansas driver’s license and one count of aggravated identity theft. The crimes are alleged to have occurred March 22, 2007, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on the charge of unlawful production of an identification document and a mandatory two years and a fine up to $250,000 on the identity theft charge. The Kansas Department of Revenue and the U.S. Department of State, Diplomatic Security Service investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Robert D. Saiz, 34, is charged with failing to appear in federal court for sentencing. The indictment alleges he failed to appear Jan. 13, 2010, in federal court in Wichita. He had pleaded guilty to one count of possession with intent to distribute methamphetamine.

If convicted, he faces a maximum penalty of 10 years, consecutive to the sentence on the original offense. The Drug Enforcement Administration and the U.S. Marshals Service investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

Joey Johnson, 38, Wichita, Kan., is charged with one count of conspiracy to possess with intent to distribute crack cocaine, one count of possession with intent to distribute crack cocaine, three counts of distributing crack cocaine, and one count of attempting to distribute crack cocaine. The crimes are alleged to have occurred in 2011 in Sedgwick County, Kan.

If convicted, he faces a penalty of not less than 10 years and not more than life and a fine up to $4 million on the conspiracy charge, a penalty of not less than five years and not more than 40 years on the count of possession with intent to distribute crack cocaine, and a maximum penalty of 20 years and a fine up to $1 million on each count of distributing crack cocaine.

The Wichita Police Department investigated. The U.S. Attorney’s office is prosecuting.

Samuel D. Holteen, 49, Goodland, Kan., is charged with two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred in 2011 and 2010 in Sherman County, Kan.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. The U.S. Attorney’s office is prosecuting.

Gabriel Garcia-Mounivong, 32, is charged with making a false statement to the FBI and the Drug Enforcement Administration. The crime is alleged to have occurred Nov. 16, 2010, in Sedgwick County, Kan.

If convicted, she faces a maximum penalty of five years and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

Poachers: Stories

Tom Franklin (Author)

In ten stunning and bleak tales set in the woodlands, swamps and chemical plants along the Alabama River, Tom Franklin stakes his claim as a fresh, original Southern voice.His lyric, deceptively simple prose conjures a world where the default setting is violence, a world of hunting and fishing, gambling and losing, drinking and poaching-a world most of us have never seen. In the chilling title novella (selected for the anthologies New Stories from the South: The Year's Best, 1999 and Best Mystery Stories of the Century), three wild boys confront a mythic game warden as mysterious and deadly as the river they haunt. And, as a weathered, hand-painted sign reads: "Jesus is not coming." This terrain isn't pretty, isn't for the weak of heart, but in these deperate, lost people, Franklin somehow finds the moments of grace that make them what they so abundantly are: human.

About the Author

Tom Franklin grew up in Dickinson, Alabama, a small, one-store town, where his parents formed The First Century, a church where speaking in tongues, faith-healings, and exorcisms were common. After moving to Mobile at eighteen, Tom earned both his B.A. and M.A. in English and Creative Writing from the University of South Alabama, where he currently teaches. In 1997, he earned his M.F.A. from the University of Arkansas. His fiction has appeared in numerous publications, including The Nebraska Review and Alabama Magazine. In 1998, Tom was awarded the Writers at Work Literary Nonfiction prize and an Arkansas Arts Council grant. He lives in Mobile, Alabama, with his wife, poet Beth Ann Fennelly.