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. 

NAS JAX Game Warden Educates Sportsman

By Yeoman 3rd Class Timothy Daughton, Navy Region Southeast Public Affairs

JACKSONVILLE, Fla. (NNS) -- A brutal killing early in 2010 caught the attention of several service members aboard Naval Air Station Jacksonville (NAS JAX). Helpless, they watched three coyotes break the neck of a doe during a noontime attack.

The coyotes were just one of various species of potentially dangerous wildlife on NAS JAX. Thankfully, base residents have someone they can trust to educate them, and in turn, protect them from potential dangers while engaging in outdoor activities.

Since 2009, Federal Game Warden Lt. Ostell Hargrove has committed himself to educating service members on NAS JAX about potential dangers, and the policies they are required to follow when hunting or fishing on base. This includes posting signs alerting pedestrians of the wildlife native to the area, said Hargrove.

As game warden, Hargrove's responsibilities include the removal of pests or dangerous wildlife from the base and ensuring all state policies are followed. He also is responsible for making sure all non-game wildlife, such as tortoises, bears, alligators and fox squirrels are not taken or harassed.

"The biggest violations I come across everyday are people not knowing they need a license to fish on base. During my first week as game warden, I issued 27 citation warnings for failure to have a license while fishing, and personally followed up on each case to make sure those issues were resolved," Hargrove said.

"After the absence of a game warden on base for four years, he came in and implemented a system that puts safety first," NAS JAX Chief of Police Randy Gommer said.

Hargrove contributed to revisions to the NAS JAX instruction 5090.10E, which outlines base hunting and fishing regulations. The changes included a daily game warden report, which documents wildlife movement and up-to-date violations. NAS JAX is required to abide by state and federal hunting and fishing regulations and to coordinate with the Florida Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC) for the most up to date provisions.

"I have worked at NAS JAX for 15 years, and since Lt. Hargrove has been the game warden, the hunting and fishing program on base has gone from almost nonexistent to a flawlessly-ran operation. I can confidently say he is directly responsible for the program's overall success," Gommer said.

According to Hargrove, working as NAS JAX game warden is not just a job, because he truly enjoys what he does.

"I am strict when it comes to policy and safety procedures, and I believe that human life is more important than recreational sport," he said. He is grateful for the opportunity he has been given to prove himself as the game warden.

Hunting and fishing licenses are available at the Mulberry Cove Marina. The Marina is open Monday and Tuesday from 8 a.m. to 6 p.m., Wednesday through Friday from 8 a.m. to 8 p.m., and Saturday and Sunday from 7:30 a.m. to 7:30 p.m. Fishing licenses are $17.50 for salt or fresh water and $33 for the combination package with military I.D. and valid driver's license. Hunting licenses are $20 with military I.D., driver's license and NAS JAX hunting orientation course certificate of completion. Authorized places to fish on base include Fisherman's Cove, Admiral's Cove, and Turtle Pond.

More information regarding authorized places to fish on base can be obtained by calling the Mulberry Cove Marina.

Bearkiller

D. J. Stephens (Author)

Do you believe in reincarnation? On a solo elk hunt in the Rocky Mountains, Jeff Barkil discovers something very peculiar. Although he’s never even seen this place before, he seems to know all the landmarks. Somehow he’s able to guess exactly what is in the next valley or over the next hill. Dismissing these amazing perceptions as a fluke, he carries on with his hunt — until he is attacked by a vicious grizzly. Using a great deal of natural skill and determination, Barkil manages to kill the bear and survive. But he is badly injured; he feels close to death. While he is trying to clear his head, he discovers that he has traveled two hundred years back in time and a hunting party of Blackfoot Indians has taken him to their village to honor him for his bravery. Soon he is regarded as a splendid warrior and is given the name Bearkiller. In the boy’s subsequent adventures, stealing horses, and waging war against the Shoshone and the Sioux, he encounters and learns the landmarks he will recognize over two hundred years later as Jeff Barkil. The life of an Indian in the 1780’s was often brief. One day in a fierce battle, the old grizzly wounds are reopened and he is defeated. With blood pouring out of his body, Bearkiller lies down to die and wakes up in a Forest Service rescue helicopter as Jeff Barkil. As the events of his life as an Indian slip rapidly from his mind, Jeff Barkil wonders if what he experienced was real. Was he dreaming? Or was he reliving a past life? What will always remain clear is the image of a great grizzly standing over him, looking down at him as if from the top of a mountain, seeming to know his soul, somehow communicating to him without saying the words: “Until we meet again, Bearkiller.”

About the Author

D. J. (Don) Stephens lives in a NW suburb of Chicago with his wife of nearly forty years. Don spent ten years serving in the U.S. Army, during which time he was a member of a Division Rifle Team and Parachuted for a Post Skydiving Team. He has been in the computer industry doing everything from programming to company President since leaving the service. Don writes as a hobby and for relaxation. DEATH RIDER is Don s third novel. He also has some short stories published on the Amazon Shorts Program.

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.

The Chefs of RodnReel.com: A Fishing and Hunting Camp Cookbook

Mike Lane (Author)

The master chefs of one of the Gulf Coast's most popular fishing and boating organizations have compiled their best recipes into one incredible collection. A game and fishing community that shares its passion as well as its meals, the more than 100 contributors have been fishing, hunting, and cooking their entire lives. From crabs to crawfish and doves to deer, the masterminds behind RodnReel.com reveal their secrets to preparing catches worthy of being served around the campfire.

About the Author

Mike Lane is the creator of the Web sites RodnReel.com and RodnGun.com, which were among the first fishing Web sites in the United States. Lane has explored the Gulf of Mexico to depths exceeding 7,000 feet as a ROV pilot. He is past vice president and current board member of the Louisiana Outdoors Writers Association and a member of the Southeastern Outdoor Press Association. Laneís home overlooks the Mississippi River in New Orleans, Louisiana.

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.