Two Dominican nationals were sentenced to two years in prison and then two years of supervised release for smuggling juvenile American eels from Puerto Rico, DOJ announced. Saul Enrique Jose De la Cruz was sentenced on Nov. 21, and Simon De la Cruz Paredes was sentenced earlier this month.
Lacey Act
The Lacey Act and subsequent amendments make it unlawful to import, export, transport, sell, receive, or acquire any plant, fish or wildlife obtained in violation of U.S., tribal or foreign law, as well as any injurious wildlife. The law is administered by the Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Animal and Plant Health Inspection Service and CBP. APHIS has been implementing Lacey Act declaration requirements since 2009. Lacey Act declarations may be filed by the importer of record or its licensed customs broker, and include information on imported item's species name, value, quantity, and country where it was harvested.
Washington state importer Tip the Scale, doing businesses as L & D Kitchen and Bath, pleaded guilty and was sentenced on June 14 for "making false declarations" on the "species and harvest location" of timber it used in its wooden cabinets and vanities, DOJ announced.
New York man Russell Milis was charged last week for illegally exporting eastern box turtles and three-toed box turtles from the U.S. to China in violation of the Lacey Act, DOJ announced. He faces two counts of smuggling goods, each of which carry a 10-year maximum prison sentence, and one count of violating the Lacey Act, which comes with a maximum of vie years in prison.
Arthur "Jack" Schubarth, a Montana rancher, pleaded guilty March 12 to conspiring to violate the Lacey Act and to violating the Lacey Act by illegally importing wildlife from Kyrgyzstan, DOJ announced. Schubarth worked for nearly a decade as part of a scheme to "create giant sheep hybrids" in the U.S. with the goal of selling them to "captive hunting facilities," DOJ said. He faces a maximum of five years in prison for each count and a fine of up to $250,000.
A Florida husband and wife were each sentenced to 57 months in prison on Feb. 14 for illegally avoiding customs duties and violating the Lacey Act on between $25 million and $65 million worth of plywood products, DOJ announced. Noel and Kelsy Hernandez Quintana also were ordered to pay, "jointly and severally, $42,417,318.50 in forfeitures, as well as $1,630,324.46 in storage costs incurred by the government" after the couple "declined to abandon" the plywood seized by the government, DOJ said.
Noel Quintana and Kelsy Hernandez Quintana, a Florida couple, pleaded guilty on Oct. 19 to conspiring to skirt customs duties on their plywood imports, DOJ announced. Noel also pleaded guilty to one count each of smuggling and violating the Lacey Act, while Kelsey also pleaded guilty to two counts of violating the Lacey Act. In all, the Quintanas' scheme allowed them to evade around $42 million in duties, DOJ said.
Canadian company FeelGood Natural Health Stores pleaded guilty to violating the Lacey Act by exporting and selling harp seal oil capsules in violation of the Marine Mammal Protection Act, the DOJ announced. The company faces a maximum fine of $500,000 and five years' probation. However, as part of the plea deal, the U.S. and FeelGood recommended a $20,000 fine and three years' probation during which the firm "must create and implement a compliance plan, train its employees, obtain any necessary licenses, and cooperate fully with the government."
Richard Kazmaier, former associate professor of biology at West Texas A&M University, was sentenced to six months in prison, three years of post-release supervision and a $5,000 fine for "importing protected wildlife" without declaring it or getting the proper permits, DOJ announced Jan. 11. Kazmaier admitted to importing around 358 wildlife items -- skulls, skeletons and taxidermy mounts -- in violation of the Lacey Act.
Herdade Lokua and Jospin Mujangi, citizens of the Democratic Republic of Congo, were sentenced, respectively, to 20 months and 14 months in prison for their roles in a scheme to smuggle wildlife products from the DRC to Seattle, DOJ announced. Both defendants pleaded guilty to conspiracy and Lacey Act charges.
Three Mexican nationals -- Jonathan Roberto Rojas-Casados, Roberto Rojas-Ramirez and Roberto Angel Roman-Alvarez -- were charged with attempted exportation of wildlife, the U.S. Attorney's Office for the Southern District of Texas announced Aug. 23. The trio allegedly attempted to ship over 160 animals out of the U.S. in violation of the Endangered Species Act and the Lacey Act since the men did not have a license or permission to export the wildlife.