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United States v. Kilpatrick |
Two hunters were convicted of violating the Lacey Act after they hunted on a federal wildlife refuge, killed a deer and transported the carcass out-of-state. The trial court imposed sentences of probation and fines. The District Court affirmed the conviction and sentences holding they were reasonable.
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United States v. Hess |
This case stems from a United States Fish and Wildlife Service's investigation into illegal trafficking of rhinoceros horns and ivory called "Operation Crash." Defendant James Hess, a taxidermist in Maquoketa, Iowa, agreed to sell a pair of lack rhinoceros horns in 2011 to another individual involved in the trafficking operation. As a result of his role, he was charged with one count of Lacey Act Trafficking for knowingly engaging in conduct involving the sale and purchase of wildlife with a market value exceeding $350 that was transported and sold in violation of the Endangered Species Act. Hess was ultimately sentenced to 27 months in prison followed by three years of supervised release. On appeal, Hess first argued that the District Court made an “unsustainable finding on the record presented” when it stated that Hess "helped establish a market for these black rhino horns, and that is a serious offense against the planet." Because Hess failed to object at sentencing, this issue was reviewed for plain error. This court found no plain error, as the record supported the statement that Hess' action contributed to furthering a market for black rhinoceros horns. As to defendant's argument that his sentence was unreasonable, the court found that he failed to overcome the presumption of reasonableness in his bottom of the guidelines sentencing range. The judgment of the district court was affirmed. |
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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).
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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.
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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.
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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.
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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.
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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).
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United States Association of Reptile Keepers, Inc. v. Jewell |
On a motion for a preliminary injunction to enjoin implementation of the 2015 Rule (80 Fed.Reg. 12702 ), the US District Court for the District of Columbia addressed whether the U.S. Department of Interior acted within its authority when it issued Lacey Act regulations prohibiting the interstate transportation of certain large constricting snakes. The United States Association of Reptile Keepers argued that since the Lacey Act “[did] not encompass transportation of listed species between two states within the continental United States,” the Department of Interior exceeded its authority. Relying on the history of zebra mussels and bighead carp, the Department argued that it did not. The Court, however, found the Department had failed to establish that that history was sufficient to confer an authority on the Department that Congress did not confer when it enacted the controlling statutory text. The Court ruled the preliminary injunction would issue and ordered the parties to appear for a status conference on May 18, 2015 to address the scope of the injunction. |
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United States of America v. Kraft |
A man was charged and convicted for violating the Lacey Act after illegally selling a tiger and grizzly bear. The trial court admitted the man's conversation into evidence in which he implicated himself in the illegal sale of a grizzly bear. The Court of Appeals affirmed the trial court holding the man's conversation was not protected by the Sixth Amendment because it was made before there were specific charges against him for the illegal sale of the grizzly bear.
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