|
United States of America v. Hale |
A couple owned and operated a caviar business. They were convicted of violating the Lacey Act by purchasing and selling paddlefish eggs during the closed season, falsifying records and operating a fish dealership without a license. The Court of Appeals affirmed the conviction.
This Judgment was Vacated by
Hale v. U.S
., 125 S.Ct. 2914 (2005).
|
|
United States of America v. James and Thomas Allemand |
The jury convicted the Allemands of conspiring to export illegally taken wildlife and to file false records concerning wildlife intended for export. The court held that any error in the trial court's failure to instruct the jury that it could convict for conspriacy to make and submit false records concerning wildlife export only if conspirators intended to violate the law it was amended in 1988 was harmless where almost all the evidence adduced at trial related to acts from a time after the amendment was effective.
|
|
United States of America v. Lawrence J.Romano |
On July 7, 1995, a grand jury returned an eight-count indictment against the defendant charging him with violations of the Lacey Act; defendant has filed a motion to dismiss the indictment. The court found that the Lacey Act embodies Congress' valid exercise of commerce power even when applied to a recreational hunter who purchased hunting guide services in violation of state law.
|
|
UNITED STATES of America v. Robert J. v. STEVENS, Appellant |
The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. The defendant was convicted after investigators arranged to buy three dogfighting videos from defendant in sting operation. Because the statute addresses a content-based regulation on speech, the court considered whether the statute survived a strict scrutiny test. The majority found that the conduct at issue in § 48 does not give rise to a sufficient compelling interest. Cert. was granted in April of 2009 by the U.S. Supreme Court.
|
|
UNITED STATES of America v. Robert J. v. STEVENS, Appellant |
The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief supports the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court.
|
|
United States of America v. Victor Bernal and Eduardo Berges |
Victor Bernal and Eduardo Berges were convicted of various crimes in connection with an attempt to export two endangered primates--an orangutan and a gorilla--from the United States to Mexico in violation of the Lacey Act Amendments of 1981 and the Endangered Species Act of 1973. While the main issue before the court was a downward departure in sentencing guidelines, the court found the purpose of the Lacey Act is protect those species whose continued existence is presently threatened by gradually drying up international market for endangered species, thus reducing the poaching of those species in their native countries.
|
|
UNITED STATES OF AMERICA, Petitioner, v. Robert J. STEVENS |
The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief by Stevens opposes the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court.
|
|
United States v. 144,774 Pounds Of Blue King Crab |
An importer of 144,774 pounds of cooked, frozen blue king crab was charged with violating the Lacey Act for taking the crab in violation of Russian fishing regulations. The crab is subject to forfeiture under the Lacey Act on a strict liability basis, but the importer asserted an "innocent owner" defense. The trial court denied the owner's defense and the Court of Appeals affirmed, reasoning if the crab was illegally taken under Russian law then it is considered contraband for Lacey Act purposes regardless of its status under U.S. law.
|
|
United States v. Bengis |
Defendants were caught illegally over-fishing off the coast of South Africa and selling the fish in the United States, in violation of the Lacey Act. The United States Government could not seek compensation for South Africa under the Mandatory Victims Restitution Act because the fish were not property belonging to South Africa. However, the United States Government may be able to seek restitution for the South African Government under the discretionary Victim and Witness Protection Act.
Opinion Vacated and Remanded by:
U.S. v. Bengis, 631 F.3d 33
(2nd Cir., 2011).
|
|
United States v. Bowman |
This case involves a conspiracy charge to defraud a corporation in which the United States was a stockholder. The Fifth Circuit Court of Appeals in
United States v. Mitchell
referred to this Supreme Court case when it found that the nature of the MMPA does not compel its application to foreign territories.
|
