Saturday, February 25, 2012

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.

Thursday, February 23, 2012

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.

Wednesday, February 15, 2012

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.

Wednesday, January 18, 2012

CBP Specialists at Laredo Port of Entry Intercept 23 Live Ticks Found on Deer Hide

Laredo, Texas - U.S. Customs and Border Protection (CBP) agriculture specialists at the Laredo Port of Entry recently intercepted a significant amount of possible cattle fever ticks found on an imported trophy deer hide.

On Jan. 8, 2012 a CBP officer at Colombia-Solidarity Bridge referred a driver of a Chevy pickup truck to secondary examination after he declared a trophy deer hide originating from Nuevo Leon, Mexico. A CBP agriculture specialist conducted an examination and discovered 23 live ticks on the hide.

A U.S. Department of Agriculture entomologist identified the pest as Boophilus sp., which includes cattle fever tick, a pest of quarantine significance in cattle.

CBP refused entry of the hide. The hunter abandoned the hide for destruction.

Imported trophy deer hides must be free of live or dead ticks. Hides must be treated chemically or be frozen to ensure elimination of these pests.

 “This is the largest amount of fever ticks that our agriculture specialists have found on a single deer hide this season,” said Sidney Aki, CBP Port Director, Laredo. “Stopping fever ticks at the border illustrates the crucial role CBP agriculture specialists play in protecting American agriculture and livestock and preventing possible adverse impact to the U.S. cattle industry.”

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.

Kentuckians Convicted of Lacey Act Crimes for Illegally Harvesting and Making False Records for Ohio River Paddlefish

WASHINGTON – Two Kentuckians and their caviar companies pleaded guilty today in the U.S. District Court for the Southern District of Ohio to trafficking in and falsely labeling illegally harvested paddlefish (Polydon spathula). Steve Kinder, along with his wife, Cornelia Joyce Kinder, both of Owenton, Ky., owned and operated Kinder Caviar Inc. and Black Star Caviar Company. Those companies were in the business of exporting paddlefish eggs as caviar to customers in foreign countries.

 Paddlefish, whose eggs are marketed as caviar, are protected by both federal and Ohio law. Ohio law prohibits commercial fishing for paddlefish. Ohio law also prohibits the possession or use of gill nets. The Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), which is codified in United States law through the Endangered Species Act, regulates international trade in certain species listed on one of three Appendices. Paddlefish are listed on Appendix II of CITES. Appendix II species, or their parts, which were harvested in the United States, may be exported only if they are accompanied by a valid export permit issued by the U.S. Fish & Wildlife Service (USFWS).

 Among other things, the Lacey Act makes it a crime to transport or sell fish, or their parts, knowing that the fish were harvested in violation of any state’s law. Among other things, the Lacey Act also makes it a crime to make or submit a false record, account or label for, or false identification of, fish or fish parts which were, or were intended to be, exported, transported or sold.

 According to the  plea agreement filed in U.S. District Court in Cincinnati, Cornelia Joyce Kinder admitted to making false statements on behalf of Kinder Caviar in a CITES Export Registration Form for paddlefish eggs on or about March 15, 2007. Specifically, Cornelia Joyce Kinder misrepresented the amount of legally-harvested paddlefish eggs that she could provide documentation for, as well as misidentified the fishermen who harvested the paddlefish and the location of harvest.

 As part of a plea agreement, Cornelia Joyce Kinder also admitted to making false statements on behalf of Black Star Caviar Company in a CITES Export Registration Form for paddlefish eggs on or about Dec. 18, 2010. Specifically, Cornelia Joyce Kinder completed the form using the name of a subordinate employee and forged that employee’s signature on the form in order to give the impression that she was not the applicant.

 According to the plea agreement, both Steve Kinder and Cornelia Joyce Kinder admitted to aiding and abetting one another in harvesting paddlefish in Ohio waters, using gill nets attached to the Ohio shoreline, on or about May 5, 2007, and transporting the paddlefish to Kentucky with the intent to sell them when, in the exercise of due care, they should have known that the fish were harvested in violation of Ohio law.

 As part of a plea agreement, both Kinder Caviar and Black Star Caviar Company have each agreed to pay a $5,000 fine and serve a three-year term of probation, during which time those companies will be prohibited from applying for or receiving a CITES Export Permit. In addition, both Steve Kinder and Cornelia Joyce Kinder have agreed to serve a three-year term of probation, during which time they will each perform 100 hours of community service, be prohibited from fishing anywhere in the Ohio River where that river forms the border between Ohio and Kentucky, and be prohibited from applying for or receiving a CITES Export Permit, either on behalf of themselves or anyone else. In accordance with Kentucky law, both Steve Kinder and Cornelia Joyce Kinder face possible suspension of their Kentucky commercial fishing licenses.

 Also as part of the plea agreement, the boat and truck that were used in furtherance of the Lacey Act crimes have been forfeited.

 The case was investigated by the USFWS Office of Law Enforcement; the Ohio Department of Natural Resources, Division of Wildlife; and the Kentucky Department of Fish& Wildlife Resources. The 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, and Assistant U.S. Attorney Laura I. Clemmens of the Southern District of Ohio.

Tuesday, January 17, 2012

Older Is Better for Hunting Dogs

Older dogs and male dogs are better big game hunting companions than younger dogs and female dogs says the author of a new study on the hunting ability and nutritional status of domestic dogs in lowland Nicaragua. In addition, he says, dogs are more suited to wildlife sustainability than other hunting options.

"I was a little surprised to find that male dogs are harvesting more than females because few anthropologists have commented on sex-related variation in hunting ability," said University of Cincinnati anthropologist and lead investigator Jeremy Koster. "In fact, when anthropologists have reported anything along these lines, it's usually to report informants' claims that there are no differences between males and females."

Koster and anthropologist Kenneth Tankersley, also with the University of Cincinnati in Ohio, recently examined key demographic variables such as age and sex on the amount of harvested game that dogs contribute from subsistence hunting in an indigenous community, which has a long and important role in community survival. The research was one of few projects to study these differences in hunting dogs.

Funded in part by the National Science Foundation, the study appears in the Proceedings of the National Academy of Sciences.

"Dr. Koster's and Dr. Tankersley's research findings make a crucial contribution to understanding human subsistence strategies in tropical rain forest environments," said Deborah Winslow, a program director for NSF's Cultural Anthropology Program. "Such knowledge is essential for preserving these environments while still allowing sustainable economic exploitation. On a larger scale, the research also helps us to understand our evolutionary past, including the reasons that dogs may have been domesticated in the first place."

Koster and Tankersley found that as both male and female dogs reach three years of age, they tend to increase their hunting success and produce greater harvests. Older, male and female dogs in the study population returned more game to their owners than did younger dogs.

"The increase in hunting success with age could reflect learning via experience," said Koster, director of graduate studies in Anthropology at UC. "On the other hand, the apparent age-related increase in ability might indicate that only talented hunting dogs reach advanced ages, perhaps because unskilled hunting dogs receive poorer care and die relatively young.

"We expect that hunting ability would eventually decline as dogs get older, but the reality is that few dogs reach eight or nine years old because even well-treated dogs often succumb to snakebites or jaguar attacks."

There also seems to be a trend that bigger dogs are able to track and corral bigger prey, said Koster, which increases the hunting return rates of their owners, and in general, male dogs are bigger than females. Even so, more work needs to be done to determine if males are better hunting companions at other locations in which locals use dogs to harvest prey, he said.

Koster and Tankersley conducted the study in Nicaragua's Bosawas Biosphere Reserve, which is part of the largest unbroken tract of Neotropical rainforest in Central America, north of the Amazon Rainforest. The researchers based the study on the hunting activities of the Mayangna and the Miskito, two indigenous ethnic groups, who live along a tributary of the Coco River, not far from the border with Honduras.

Community members in the region capture about 85 percent of harvested mammals with the aid of dogs, according to the report.

"Conservation biologists are justifiably concerned about the impact of subsistence hunting on wildlife populations," said Koster, "but if sustainable hunting is the goal, then hunting with dogs might be a better option than the alternatives."

Koster argues that hunters with firearms tend to disproportionately hunt prey that lives in trees, including slow-breeding primates that are easy to over-hunt, whereas hunters with dogs tend to harvest relatively fast-breeding animals such as agoutis, pacas and armadillos. He says these populations are harder to deplete, partly because they adapt well to the heavily-used forests near human settlements.

"Overall, then, if you have a choice of hunting with guns or hunting with dogs, the latter will more likely result in long-term sustainability in many settings," said Koster, who promotes Amazon Cares, a non-profit organization devoted to the welfare of dogs in rural Latin America.

Most dogs in the study were mutts observed one of Koster's colleagues at the Saint Louis Zoo. Koster personally observed that there didn't seem to be much managed breeding of dogs, if at all, among the study population.

The finding leaves open the question which type of dog makes the best hunters, although hunters in the region talk about the different breeds that one encounters in the reserve.

Meanwhile, dogs that are not good hunters are almost never taken on excursions. Instead, they are allowed to lounge around the house and "patio."

"Perhaps they're valuable as watchdogs, deterring would-be thieves," said Koster. He said the researchers didn't find evidence they received less care than good hunters, but additional study is required for a more authoritative determination.

"It certainly seems like the incapable dogs don't look as healthy," said Koster. "They seem to get more mange, for example. Perhaps an owner is less likely to buy medicines for a dog that doesn't contribute something as a hunting companion."

The research was funded by a Dissertation Improvement Award from NSF's Division of Behavioral and Cognitive Sciences. In addition, the Hill Foundation, a William Sanders dissertation grant, the Charles Phelps Taft Research Center and the University of Cincinnati Research Council supported the research.

Investigators
 Jeremy Koster
Kenneth Tankersley
Stephen Beckerman

Related Institutions/Organizations
 University of Cincinnati
 Pennsylvania State Univ University Park

Locations
 Ohio
Pennsylvania
Nicaragua

Monday, January 2, 2012

Exercise Recovery - The Key to Exercise Enjoyment and Performance

After 15 years of National and International powerlifting competitions with training 3 to 4 days a week, 2 to 3 hours a day, 50 weeks of the year, I am convinced recovery is the key to enjoyment, performance and exercise longevity!

Recovery includes, sleep, rest, eating, hydration and may also include the use of ice, heat, therapeutic massage and/or active release.

In general, research shows that recovery after exercise is essential to muscle and tissue repair and strength building. This is even more critical after a heavy weight training session. A muscle needs anywhere from 24 to 48 hours to repair and rebuild, and working it again too soon simply leads to tissue breakdown instead of building. For weight training routines, never work the same muscles groups two days in a row.

The following are a few of my personal suggestions on recovery after training or working out:

1.       Cool down – don’t just stop abruptly

2.       Stretch after cool down – even for just a few minutes

3.       Replace fluids water, Gatorade, protein drinks, milk (avoid alcohol)

4.       Eat within 30 to 60 minutes after your exercise – ensure you eat protein and complex carbohydrates to replace much needed nutrients – eating within 30 to 60 minutes speeds recovery by 50%

5.       Rest the specific muscle group 24 to 48 hours

6.       Make ice your best friend – it reduces minor muscle pain and helps get blood in those muscles

7.       Use heat when necessary

8.       Avoid over training – there are no medals for over training only injury and rehab

9.       Use Massage

10.   Use Active Release

11.   If pain persists, back off and visit your – working through the wrong kind of pain can result in serious injury and long rehabs

12.   Be smart and listen to your body – it’s the only one you have

Deep tissue or sports therapeutic massage once a week and active release as needed. Active release is an extreme version of deep tissue or sports massage. Active release targets specific muscle problems, identifies the reason for pain and works that specific area. It’s intense and can be painful, but works wonders.

In closing, remember it’s YOUR exercise regime. You decide when, where and how long. You also decide how to recover.  It’s one thing to work through minor exercise fatigue, it’s another thing to avoid injury.

Remember, if it was easy everyone would do it and it is called a WORK out. So it may hurt from time to time. Be smart and take time to recover properly and you will be at your passion until you’re 90!

For more information on Walter Urban please visit www.walterurban.com , Twitter walterjlg, Facebook Walter Urban.