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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. 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. 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. March |
Defendant violated the Lacey Act by presenting false information to gain a hunting permit. He was convicted in United States District Court for the District of Idaho. The Ninth Circuit Court of Appeals affirmed the District Court decision holding the District Court and Tribal Courts have concurrent jurisdiction over Indians for violations of the Lacey Act.
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US - Exotic Pets - Injurious Wildlife Species; Listing the Boa Constrictor, Four Python Species |
The U.S. Fish and Wildlife Service (Service) proposes to amend its regulations to add Indian python (Python molurus, including Burmese python Python molurus bivittatus), reticulated python (Broghammerus reticulatus or Python reticulatus), Northern African python (Python sebae), Southern African python (Python natalensis), boa constrictor (Boa constrictor), yellow anaconda (Eunectes notaeus), DeSchauensee's anaconda (Eunectes deschauenseei), green anaconda (Eunectes murinus), and Beni anaconda (Eunectes beniensis) to the list of injurious reptiles. This listing would prohibit the importation of any live animal, gamete, viable egg, or hybrid of these nine constrictor snakes into the United States, except as specifically authorized.
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US - Importation - CHAPTER 3. ANIMALS, BIRDS, FISH, AND PLANTS |
Under this federal law, no importation of certain listed animals is permitted. Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both. |
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US - Importation - Fraud and False Statements |
Under this federal law, fraudulent statements, orally or in writing, may result in a fine and or imprisonment. |
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US - Importation - Mailing of Injurious Article |
All kinds of poison, all articles and compositions containing poison, all poisonous animals, insects, reptiles, all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any officer or employee of the Postal Service. |
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US - Lacey Act - Chapter 53. Control of Illegally Taken Fish and Wildlife. |
The Lacey Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce. All plants or animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used in the process. |
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US - Lacey Act - Conspiracy Statute |
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor. |
