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.

Texas Man Sentenced to Jail in Connection with Kansas Deer Hunting and Guiding Operation

WASHINGTON – A Texas man was sentenced today in federal court in Wichita on felony charges of conspiracy, wildlife trafficking and obstruction of justice related to the illegal sale of guided deer hunts in southern Kansas, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Barry Grissom, U.S. Attorney for the District of Kansas.  

James Bobby Butler, Jr., 42, of Martinsville, Tex., was sentenced to 41 months in federal prison, to be followed by three years of supervised release during which Butler will be banned from all hunting and guiding.   Butler was also ordered to pay a $25,000 fine to the Lacey Act reward fund, and $25,000 restitution to the Kansas Department of Wildlife and Parks.  Butler pleaded guilty in March 2010 to one count of conspiracy to violate the Lacey Act, one Lacey Act interstate trafficking count and one count of obstruction of justice.   His brother, Marlin Jackson Butler, 36, also of Martinsville, pleaded guilty in March 2011 to one count of conspiracy to violate the Lacey Act and one Lacey Act count.   Marlin Butler is scheduled to be sentenced on June 24, 2011.

 “Thanks to outstanding cooperation between federal and state law enforcement agents and prosecutors, we put an end to a criminal conspiracy that took valuable and limited wildlife resources through unlawful and unethical means,” said Assistant Attorney General Moreno. 

“This prosecution sends a message to hunters and guides in Kansas and elsewhere that there will be serious consequences for those who seek to profit by violating state and federal wildlife laws, especially at the expense of those who hunt and guide lawfully.” 

“Illegal wildlife trafficking is a threat to the natural resources of Kansas,” Grissom said. “Our goal is to preserve and protect wildlife for everyone to enjoy – including hunters who abide by the law.”

The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife taken or possessed in violation of state law or regulation.

According to court documents filed in the case, James and Marlin Butler conspired together to knowingly transport and sell in interstate commerce deer that had been hunted in violation of Kansas state law.   In particular, the brothers operated a guiding service and hunting camp near Coldwater, Kan., at which they sold guiding services to out-of-state hunters for the purpose of illegally hunting and killing white-tailed deer and mule deer.   Hunters guided by the Butler brothers killed deer in excess of annual bag limits, hunted deer without permits or with permits for the wrong deer management unit, killed deer using illegal equipment, and hunted using prohibited methods such as spotlighting. The guided hunts were sold for between $2,500 and $5,500, and in several instances resulted in the killing of trophy-sized buck deer.   In addition to selling guiding services, the brothers also arranged for transport of the deer, in particular the antlers and capes, from Kansas to Texas and Louisiana.

James Butler also pleaded guilty to instructing another person to conceal or destroy evidence during the investigation.

 “This is the largest case in the history of wildlife law enforcement in Kansas,” said Steve Oberholtzer, Special Agent in Charge of the Mountain-Prairie Region, U.S. Fish and Wildlife Service. “Trophy deer are an important resource for the state of Kansas from both wildlife and economic standpoints.   Joint investigations such as this one demonstrate that the combined efforts of state and federal agencies and our federal prosecutors result in prosecutions that hold those who violate the law accountable.   We are grateful to the Kansas Department of Wildlife and Parks and the U.S. Attorney's Office for their assistance in this case and hope that it will serve as a deterrent to others who might consider exploiting our nation's wildlife for personal gain.”

The case was investigated by the U.S. Fish & Wildlife Service, the Kansas Department of Wildlife and Parks and the Texas Parks and Wildlife Department, and jointly prosecuted by District of Kansas U.S. Attorney Barry Grissom’s office and the Justice Department’s Environment and Natural Resources Division, Environmental Crimes Section