Members of Smuggling Ring Plead Guilty in Los Angeles to Crimes Relating to Illegal Trafficking of Endangered Rhinoceros Horn

WASHINGTON – Three defendants pleaded guilty today to charges of conspiracy, smuggling, Lacey Act violations, money laundering and tax fraud for their roles in the international illegal trafficking of rhinoceros horn.  All of the defendants were charged in February 2012 as part of “Operation Crash,” a nationwide U.S. Fish and Wildlife Service crackdown on those involved in the black market trade of endangered rhinoceros horn.

 

The guilty pleas were announced by Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice; André Birotte Jr., U.S. Attorney for the Central District of California; and Dan Ashe, Director of the Department of the Interior’s U.S. Fish and Wildlife Service (FWS).

Vinh Chung “Jimmy” Kha, 49, and Felix Kha, 26, both of Garden Grove, Calif., each pleaded guilty to five felony counts related to their roles in the smuggling conspiracy.  Win Lee Corp., owned by Jimmy Kha, pleaded guilty to two felony counts charging smuggling and Lacey Act trafficking. 

Two other defendants linked to the Khas – J in Zhao Feng, 45, of China and Jarrod Wade Steffen, 32, of Hico, Texas – previously pleaded guilty to federal charges in Los Angeles related to rhino horn trafficking.

 

In their plea agreements, Jimmy and Felix Kha each admitted purchasing White and Black rhinoceros horn in interstate and intrastate commerce, knowing that animals were protected by federal law as endangered and threatened species.  Both defendants stated that they purchased the horns in order to export them overseas to be sold and made into libation cups or traditional medicine.  Both acknowledged making payments to Vietnamese customs officials to ensure clearance of horn shipments sent to that country.  In addition, Jimmy and Felix Kha each admitted to failing to pay income tax owed in 2009 and 2010. 

In an earlier plea agreement, which was filed with the court on Aug. 15, 2012, Feng admitted to fraudulently and knowingly attempting to smuggle a black rhinoceros horn, an endangered species, from the United States to China.  Steffen, who used money provided by the Khas to buy horns for them, pleaded guilty on June 14, 2012, to charges of conspiracy, smuggling, Lacey Act violations and money laundering.

            

“The Khas conspired to violate numerous federal laws, including those enacted by Congress to protect endangered species like the rhinoceros, a species that faces extinction in our time,” said Assistant Attorney General Ignacia S. Moreno.  “This prosecution and continuing investigation should send a clear message that we will vigorously investigate and prosecute those who are involved in this egregious and illegal trade.”

 

“It is unconscionable that a species as ancient and majestic as the African Black Rhino has been hunted to the brink of extinction by unscrupulous profiteers,” said U.S. Attorney André Birotte Jr.  “The rhino horn smuggling ring dismantled by Operation Crash contributed to the soaring increase in the trade of rhino horns both domestically and internationally and this illegal trade leads directly to increased poaching of the species in the wild.  Operation Crash represents a giant step forward in the global fight to save a beautiful species like the Black Rhino from extinction.”

 

“These individuals were interested in one thing and one thing only – making money,” said FWS Director Dan Ashe.  “They didn’t care about the law or about driving a species to the brink of extinction. We will continue to aggressively investigate and pursue traffickers who threaten the future of rhinos and other imperiled species.”

 

Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth.   They have no known predators other than humans.  All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered.

 

Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.  Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population.  As a result, rhino populations have declined by more than 90 percent since 1970.  South Africa, for example, has witnessed a rapid escalation in poaching of live animals, rising from 13 in 2007 to a record 448 rhinos in 2011.  As of Aug. 27, the total for 2012 stood at 339 rhinos, with a predicted loss of 515 by year end if current poaching rates continue.

 

Operation Crash (named for the term used to describe a herd of rhinoceros) is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.  The investigation is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a nationwide task force of FWS special agents focused on rhino trafficking.

 

The first superseding information, plea agreements and statements made during court proceedings document the following facts:

 During the conspiracy, beginning in January 2010 and continuing to February 2012, Felix Kha would contact Steffen and others regarding individuals located throughout the United States who were willing to sell white or black rhinoceros horn.  On various dates, Jimmy Kha met with others who traveled to Long Beach, Calif., from various locations to provide compensation for previous rhinoceros horn purchases and shipments and to provide money to fund future purchases and shipments of rhinoceros horn.  Jimmy and Felix Kha received, bought, sold and facilitated the transportation of black rhinoceros horn, prior to exportation, knowing that such rhinoceros horn was intended for exportation and that it was illegal under U.S. law to do so.  Jimmy Kha paid, on average, between $5,000 to $7,000 per pound of rhinoceros horn.  The black and white rhinoceros horn acquired by the defendants   has a fair market value between, at a minimum, $1 million to $2.5 million.

 Feng attempted to export a black rhinoceros horn, which he had obtained from the Khas,  from the U.S. to China, by concealing the horn at the bottom of a package. The package, which was deposited with the U.S. Postal Service, contained a single black rhinoceros horn concealed under a layer of chocolates, cigarettes, biscuits, candy, sponges and packing materials.  F eng falsely declared on a U.S. Postal Service Customs Declaration that the package contained “handcraft decorations” with a value of $25, “chocolate” with a value of $46, and “candy” with a value of $15.

 As a supplier for the Khas, Steffen bought and mailed dozens of rhino horns to the pair and made at least 10 trips to California to pick up payment and collect money for additional purchases.  On the last of these trips, Transportation and Security Administration officers, acting at the FWS’s request, stopped Steffan and two travel companions at the airport in Long Beach before they boarded their homebound flight and retrieved $337,000 from their luggage.

 

In February 2012 at the time of the arrest of Jimmy and Felix Kha, FWS agents seized, among other items, rhinoceros mounts, rhinoceros horns, an additional $1 million in cash, approximately $1 million in gold ingots, jewelry, watches, precious stones, a 2009 BMW 759 Li Sedan and a 2008 Toyota Forerunner.

 

Jimmy and Felix Kha each pleaded guilty to one count of conspiracy (maximum penalty of five years in prison), one count of smuggling goods from the United States (maximum penalty of ten years in prison), one count of Lacey Act trafficking (maximum penalty of five years in prison), one count of money laundering (maximum penalty of twenty years in prison), and one count of tax evasion (maximum penalty of five years in prison).  Win Lee Corp. faces additional penalties, including fines totaling up to $1 million. Under the terms of their plea agreements, all of the items recovered from their residence, person, and Jimmy Kha’s business will be forfeited.  In addition, Felix Kha will pay a tax fraud penalty and assessment of approximately $109,000, and Jimmy Kha will pay a tax fraud penalty and assessment of $76,000.

 

Jimmy and Felix are scheduled to be sentenced by U.S. District Judge Christina A. Snyder on Dec. 10, 2012 at 2:30 p.m.  Feng will be sentenced on Oct. 10, 2012, and Steffen will be sentenced on Oct. 15, 2012.

 

U.S. Attorney Birotte Jr. and Assistant Attorney General Moreno commended FWS and its partners for their outstanding work on this investigation.  Assisting agencies included the U.S. Postal Inspection Service, the Internal Revenue Service Criminal Investigations, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

 

The case is being handled by the U.S. Attorney’s Office for the Central District of California and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division.  Assistant U.S. Attorneys Joseph O. Johns and Dennis Mitchell and Shennie Patel, a Trial Attorney with the Environmental Crimes Section, are in charge of the prosecution.

Cleanup and Natural Resources Improvement Agreement Reached at Ashland Lakefront Superfund Site in Wisconsin

WASHINGTON – Northern States Power Co. will begin cleanup of the Ashland/Northern States Power Lakefront Superfund Site in Northwestern Wisconsin under a settlement the Department of Justice and the Environmental Protection Agency (EPA) announced today.  The 40-acre site is located on the shore of Chequamegon Bay in Lake Superior and was used for various industrial purposes for more than a century, resulting in the release of volatile organic compounds, such as benzene, and semivolatile organic compounds, such as naphthalene, at the site.

 Under the agreement, filed today with the U.S. District Court for the Western District of Wisconsin in Madison, Wis., Northern States Power will design, construct and implement the cleanup plan for the on-land portion of the site.  The on-land cleanup is expected to cost approximately $40 million.  The United States will also require additional cleanup of sediments in Chequamegon Bay, and expects that Northern States Power and any other responsible parties will perform the rest of the cleanup. That work is not part of the agreement filed with the Court today.

 Today’s agreement also requires Northern States Power to transfer approximately 990 acres of land along the Iron River to the Wisconsin Department of Natural Resources and 400 acres within the reservation of the Bad River Band of the Lake Superior Chippewa Indians to the Bad River tribe.  These parcels, worth about $1.9 million, will be preserved by the state and the Bad River tribe to enhance natural resources in the area that have been harmed by pollution from the site, such as fisheries in Chequamegon Bay and its rivers.  In addition, the state of Wisconsin will transfer 114 acres of land to the Red Cliff Band of the Lake Superior Chippewa Indians.  That land will also be managed to preserve natural resources.  The National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service also serve as trustees for natural resources in the area and joined the settlement on behalf of the United States.

“This agreement will begin the long-awaited cleanup of contamination at the Ashland Lakefront site,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “The agreement will result in the preservation of land in the Chequamegon Bay watershed, including tribal lands, to conserve and enhance natural resources and aquatic habitat that have been harmed by more than a century of pollution at the site.”

 “Chequamegon Bay and Lake Superior will be better protected as a result of this agreement,” said EPA Region 5 Regional Administrator Susan Hedman.  “Removing the most highly contaminated soil from the site and controlling the flow of contaminated groundwater will prevent polluted water from entering the bay and harming fisheries.”

 For more than a century, the Ashland site has been home to various industrial uses, including sawmills, railroads, and a city wastewater treatment plant.  The primary source of pollution at the site was the manufactured gas plant operated by Northern States Power’s predecessor company between 1885 and 1947.  Pollution from the manufactured gas plant contaminated both the on-land portion of the site and the sediment in the bay.

 The on-land cleanup will include removal of source material and impacted soil in Kreher Park and the adjacent bluff area and recovery wells designed to remove pollution from the Copper Falls aquifer.  The work Northern States Power will perform under this agreement is expected to take approximately two to three years.

 EPA will oversee the work to ensure that it follows the cleanup plan and complies with the agreement signed by the parties.  The state of Wisconsin will support EPA in overseeing the work.

 The proposed consent decree will be subject to public comment for 30 days prior to entry in federal court.   The consent decree will be available at www.justice.gov/enrd/Consent_Decrees.html.

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.

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.

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.

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.