Smuggling and Wildlife Crime Website - Incorporating the Australian Smuggling Site.

News Item dated January 1997. A group of private reptile keepers in Sydney, New South Wales, who had their Green Pythons (Chondropython (=Morelia) viridis) stolen from them by officers of the New South Wales National Parks and Wildlife Service (NPWS), have launched a new attempt to get their snakes back. The snakes were taken from the keepers during a number of raids by NPWS and Police about August/September 1995. The heavily armed officials stormed their houses and grabbed the writhing snakes out of their cages. It is understood the snakes were taken to Sydney's Taronga Zoo to replace a number that had died from an earlier theft/seizure (from Bob Buckley in Queensland that were later ordered returned to him by a court of law - twice!). An independent member of Parliament in New South Wales who has recently called for a Royal Commission into NPWS (following the failed attempt to ban Smuggled-2), has been enlisted to help extract a return of the illegally taken snakes. Noting that none of the keepers had been charged over their keeping of the snakes and further noting that all had been held pursuant to NPWS issued permits, the three men demanded a return of their snakes and a guarantee of immunity from further harassment.

The thefts of the snakes appeared to be initiated for one of, or a combination of reasons, including a stated desire by certain NPWS officials to ensure that no captive Green Pythons remain in private hands and a desire to get one of the keepers back for blowing the lid on corruption in NPWS (pages 94-6 Smuggled-2). The need to replace dead and/or illegally sold off snakes from Sydney's Taronga Zoo cannot be discounted as a further possible reason for this more recent round of Green Python thefts. A statement was made to NSW Police by a well-known Sydney reptile dealer(name deleted), claiming to have been offered Green Pythons by a zoo keeper (name deleted), who stated that the snakes would be written off by the zoo as dead after he sold them. It appears that NPWS may have had a role in suppressing a follow-up investigation.

One of the private keepers involved in the above Green Python saga was recently fined in a Queensland court for an allegedly serious criminal offense. During the raid, a photo was taken by the officials. It depicted a Goanna (Monitor lizard) that had been clearly photographed in the wild. The keeper was fined $100 for illegally photographing the lizard (the exact offense being listed as 'interfere with wildlife'). In a Queensland court, one does not necessarily have to prove 'guilt' to obtain a conviction. Under a number of Acts merely 'a suspicion' is enough to secure a conviction. That is actually written into the laws. Such laws and wording is relatively unique in the western (so-called civilized) world.

Meanwhile at Herbeton in North Queensland, Bob Buckley has just hatched over a dozen eggs from his Green Python. Last time he bred these snakes, local NPWS officials took all his Green Pythons including 27 newly hatched young. By the time Buckley got a court order demanding the return of the snakes, all had allegedly died (see Smuggled-2 for details), although it appears that some of the snakes had in fact been illegally sold on. This time around Buckley is hoping to be left alone by wildlife officials.

Green Pythons are routinely bred in North America and Europe but are rare in captivity in Australia (where they are native!) and it appears local wildlife officials seem intent on keeping it that way.

UPDATE ON ABOVE STORY - NOVEMBER 1997

Bob Buckley of North Queensland has again been raided by QNPWS officials O'Shea and others who have again seized Green Pythons and have also gone interstate in search of other snakes bred by him. O'Shea appears to have developed an obsessive desire to stop ANYONE from keeping Green Pythons in captivity in Australia. In a confidential letter to the Qld and NSW Governments he falsely stated that such activity could cause the extinction of this and/or other species of reptile in Queensland.

Meanwhile O'Shea's campaign against keeping Green Pythons in captivity in Australia has recently suffered a major setback. Charges against Bob Withey in NSW over Green Pythons that he held have been lost. The NPWS/NSW seized a number of Green Pythons from Bob Withey, Charles Acheson and Stuart Barnes (all of NSW) and Brian Barnett (of Victoria) on the alleged basis that these snakes were not captive bred. That the NPWS officials had fabricated these charges was recently proven when their charges failed in a NSW court of law and it was agreed by all parties that there was NO BASIS for these allegations.

NPWS have now undertaken to return these snakes. Unfortunately, not all will be returned. You see, Taronga Zoo and NPWS are claiming that some have died. At least one statement has been made to NSW Police that one or more keepers at that zoo illegally traded some of these and/or other seized Green Pythons for $1,000 cash per specimen to unlicenced keepers in NSW. The keepers purchased these snakes in anticipation of an amnesty for illegally obtained reptiles in that state.

Such an amnesty took place in the month of October 1997, with the result that a huge number of formerly unlicenced reptile keepers availed themselves of the opportunity to get legitimate reptile permits in that state for the first time in 23 years.

In the bird scene, NPWS have also suffered a major dent in their already battered image. Charges falsified against Neville Conners over some Black Cockatoos fell flat on their face. He was aquitted and NPWS were ordered to pay all damages and return the seized birds. It appears that some had died and others were severely injured (broken leg, etc), while in custody at Taronga Zoo. Conners was awared costs at the hearing and is now seeking further damages through the legal system. NSW Minister for the environment is now also in strife as she put out false and defamatory media releases about Conners. She had stated he was a smuggler and other things and had backed NPWS in the matter with the multi-million dollar resources of her media unit.

NPWS official Jeff Hardy has also come under fire over conflicts of interest. His wife maintains a large aviary set-up at her residence and it has been claimed by others within NPWS that she has unlawfully received unfavourable treatment in terms of licencing, potential breaches of regulations and policies, etc. Hardy has also been under attack for issuing a licence to a so-called snimal rescue group while at the same time denying the same permits to other groups in the same area, which had substantially superior expertise and had been in existence for a longer time.

It was reported in the Cairns Post newspaper (Saturday, 23 August 1997) that Queensland Police Fauna Squad Detective Sgt. John O'Shea and others (including members of the Queensland Department of Environment, Police and Wildlife Australia) had allegedly seized ten Chondropython viridis from well-known and respected Australian herpetologist Robert Buckley.

It was alleged by Detective Sgt. O'Shea that Buckley had been charged with offenses and was to appear in the Atherton Magistrates Court on September 25th. However, Buckley has denied this and says that he has not in fact been charged with any offense, and furthermore, was not even at home when the snakes were "stolen". Mr. Buckley says that the officer, Det. Sgt. John O'Shea had recently been shown to have falsified evidence in a case against Buckley, and is himself being investigated by the Queensland Criminal Justice Commission. It is alleged that Det. Sgt. O'Shea broke down and cried in Court, and later threatened both Mr. Buckley and his solicitor.

Officers of the Queensland Department of Environment are also currently facing investigation by the Criminal Justice Commission for alleged improper conduct in the seizure of another large reptile collection, and have been accused of having left two highly venomous snakes behind after seizing a collection of reptiles in Ravenshoe, Queensland. It is also being alleged that the officers lied under oath before a magistrate in an application for a warrant to seize these reptiles.

Allegations have surfaced that the Departrnent of Environment and Police Fauna Squad have drawn up a "hitlist" of herpetologists and are aiming at seizing the collections owned by these people for inclusion in a government operated captive breeding, for profit enterprise.

Herpetologists worldwide are urged to support calls for an independent investigation of Queensland's wildlife authorities and should indicate their concern by sending letters to: The Honourable Robert Edward Borbidge MLA, Premier, Level 15, Executive building, 100 George St., Brisbane QLD 4000.

- David Williams, Herpetologist, Cairns Australia

From pages 88-89 in Reptile And Amphibian Magazine (USA), Issue 51, November 1997.

£500 Reward on offer - for information leading to the return of the pair of coral phase Pygmy Spiny-Tailed Skinks (Egernia depressa) stolen from Jerry Cole's stand at the International Herpetological Society's (IHS) Reptile Fair in Walsall on Sunday, 14th September. E. depressa is a small skink of approximately 14 cm, orange in colour with an extremely spiky tail. These two animals represent the only specimens of the species outside Jerry's collection known to be in the UK (a minimum of three years work and a third of his breeding group). Photographs of this species can be found in the book Australian Reptiles and Frogs by Raymond Hoser. Would anyone with any information please contact Jerry on (UK) 01305 261302 or at Purlands Farm, Bridport Road, Dorchester, Dorset, DT2 9DS, ENGLAND.

In the last week of October 1996 a shipment of 1,000 Land Tortoises (Testudo horsfeildi) were seized by authorities at Arlanda Airport Stockholm. They had been imported by a Russian dealer. These tortoises were in emaciated condition and had not been fed for some time. Some were dead and/or dying through neglect. Following news of the seizure the International Tortoise Trust and other welfare organisations offered assistance with the care and possible repatriation of the tortoises and/or the finding of suitable home/s for these reptiles.

Swedish authorities rejected these offers and shortly afterwords (just over a week later) froze all tortoises, thereby killing them by the fastest and easiest means possible. This massacre occurred on or about 24th/5th of October 1996, with Swedish officials working overtime to do the job. The Ministry of Agriculture officials rushed through with the killing due to news of the seizure and plans to kill the tortoises being posted through the internet over the previous few days. The killing was brought foreword to beat the expected avalanche of protests over the plan. Click here for further details about the massacre, including a press release from the Tortoise trust.

Subject: commercial use of Australian native wildlife Date of this notice: Tue, 12 Nov 1996 07:11:15 GMT

The Australian Senate has referred the following matters to the Rural and Regional Affairs and Transport References Committee for inquiry and report by Monday, 26 May, 1997:

(a) the potential impact which commercial utilisation of native wildlife might have on the Australian environment;

(b) the current and future economic viability of these commercial activities; and

(c) the adequacy of existing Federal Government regulations and controls to ensure biodiversity of any native species commercially utilised.

Written submissions can be sent to the Committee at Parliament House, Care of Senator John Woodley, Parliament House, Canberra ACT 2600, Australia. Phone: +61 6 277 3510

A closing date for submissions has not yet been set.

Within Australia the Committee Secretary can be contacted in Canberra by phoning 06 277 3510.

It is recommended that interested parties read Smuggled - The Underground Trade in Australia's Wildlife and Smuggled-2 - Wildlife Trafficking, Crime and Corruption in Australia, by Raymond Hoser, before making submissions.

The Committee is chaired by Senator John Woodley, an Australian Democrat Senator from Queensland. Senator Woodley is also the person who initiated the Inquiry.

For further details about the Committee's work, sumission guidelines etc, visit the site at http://www.aph.gov.au/committee/commfp.html

From: David Harrison

October 16th 1996 AAPA Member, Mr. Neville Conners, strongly maintains innocence A licensed Grafton bird breeder and dealer maintains his absolute innocence to convictions this week in the Downing Centre Local Court in respect of illegal activities with the breeding and trade of various species of Black Cockatoos. All trade in these species was in full accordance with licence provisions as laid down by NSW NPWS under the NPWS Act.

All parents of birds bred during the previous 12 months were required to be identified by the breeder, he followed these directions of the NPWS agents during a massive raid on his home a little over 2 years ago involving some 12 NPWS, Customs, Police as well as a helicopter. This bureaucratic overkill is routine here in Australia and it is suggested anyone who disbelieves this should read Raymond Hoser's latest book, Smuggled-2 (see article below) which is available(see article below) through AAPA. One pair of birds nominated by the breeder were bled on the spot and 8 birds were removed from their breeding facilities where some had been located for up to 12 years. These birds were all taken to Sydney and placed in the Taronga Zoo. They were DNA tested some weeks later along with the other samples taken. DNA testing was carried out on the blood samples taken as well as from the samples taken from all young birds bred during the previous 12 months. The tests CONFIRMED that ALL nominated progeny were from the FOUR breeding pairs nominated.

NPWS agents then proceeded to go back through the breeders records and test birds from a number of years prior to the raid sold to various owners around Australia. Finally some birds were discovered with DNA that did not match any of the FOUR tested parent pairs. NPWS then proceeded to prosecute on the basis of these "extra" birds without asking (or apparently even considering) if they could have come from some of the other 6 breeding pairs held by the owner or even from pairs since sold by this well respected and successful breeder of all types of cockatoos.

Environment Minister Pam Allan falsely claimed this week that "DNA testing has seen a rise in the prices of these birds". In fact these birds are being bred so successfully within aviculture (and these increased breedings are indicated on NPWS records) that the prices are falling. the published price list values of a selection of black cockatoos from 1994 to 1996 are Red-Tails $3900 down to $2200, Yellow-Tail $4500 to $3500, White-Tail $4000 down to $3000.

David Harrison, National Secretary of the AAPA, said today "Perhaps the greatest problem in aviculture today is its perception as portrayed by NPWS and most "green" groups. In fact the advances made in private aviculture have resulted in vast changes in general breeding techniques to the point where many parrots can be induced to produce "out of season" or "chain laid" eggs of such quantity that they could almost be compared to the similar production of domestic fowl". "The refusal of NPWS and other Authorities to accept exceptional breeding results by professionals who put in 24 hour days 7 days a week to achieve such results is seen as one of the greatest areas of concern in Aviculture today.

NPWS has been invited to attend conventions and to see firsthand how and why private aviculture outstrip totally the production achieved by government zoos, etc. They refused to attend". As long as this attitude continues travesties of justice such as we have seen this week will continue. Many aviculturists cannot afford the costs involved in fighting such a savage attack on individual Australian Rights. The Breeder found guilty this week has already lodged a full appeal on all aspects and will be fighting with the total support of 25,000 licensed aviculturists in NSW. He will, with a Judge with the appropriate intellect to accurately preside, eventually obtain justice - but at what cost?

The case comes up for appeal in NSW on 14th April 1997 at the Sydney District Court

Further enquiries: 018 664 816 -- David Harrison PO Box 10 Coutts Crossing, 2460, NSW, Australia

dharrison@bigfoot.com

PH: +61-66-493433 FAX: +61-66-493267

AUSTRALIAN AVICULTURE PROTECTION ASSOCIATION INC.

STOP PRESS: SEPTEMBER 1997, THE BIRD BREEDER SUBJECT TO THE ABOVE CASE, MR. NEVILLE CONNERS BEAT ALL CHARGES ON APPEAL AND JOINED RAYMOND HOSER AND OTHERS IN A CALL FOR AN IMMEDIATE OPEN INQUIRY INTO THE NPWS/NSW. CONNERS WAS AWARDED FULL COSTS FOR HIS FIGHTING THE CASE - A CASE THAT SHOULD NEVER HAVE BEEN LAUNCHED AND HAS ANNOUNCED A DAMAGES CLAIM AGAINST NPWS/NSW THAT WILL BE SUBSTANTIAL.

IMPORTANT ANNOUNCEMENT

NEWS ITEM!!! LATEST ACTIONS BY PARASITES AT ANCA - BY DAVID HARRISON - AAPA. The list of bird species that ANCA have declared are NOT in Australia!!!!!!!!!

Zebra Dove, Mourning Dove, Red & Blue Lory, Johnstone's Lorikeet, Collared Lory, Striated Lorikeet, Sulphur -crested Cockatoo (Triton), Citron Crested, Ducorp's Cockatoo, Great billed Parrot, Horned Parakeet, Red faced Lovebird, Black-winged (Abyssinian) Lovebird, Black-collared Lovebird, Blossom headed Parakeet, Emerald collared Parakeet, Blue-winged Macaw, Red-fronted Macaw, Red-bellied Macaw, Green Conure, Scarlet-fronted Conure, Mitred Parakeet, Red-masked Parakeet, Caatinga Parakeet (Cactus conure), Cuban Conure, Yellow eared Conure, Maroon tailed Conure, Black capped Conure, Andean Parakeet, Grey-headed Parrot, Mexican Parrotlet, Saffron-headed Parrot, Scaly-headed Parrot, White-headed Parrot, White-fronted Parrot, Yellow-shouldered Amazon, Cuban Amazon, Double-collared Seadeater, Olive Finch, Yellow Cardinal, Red-cowled Cardinal, Yellow-billed Cardinal, Rose-breasted Grosbeak, Northern Cardinal, Indigo Bunting, Lazul Bunting, Painted Bunting, Orange-breasted Bunting, Scarlet Tanager, Brambling, Grey capped Greenfinch, Pine Siskin, Andeen Siskin, Yellow-faced Siskin, American Goldfinch, Eurasian Bullfinch, Masked Hawfinch, African Quailfinch, White-rumped Munia, Burmese Nun, Scaly Weaver, Southern Masked Weaver, Black-breasted Weaver, Half-masked Weaver, Baya Weaver, Red-headed Malimba, Red-billed Quelea, Red-headed Fody, Queen Whydah, Hill Myna, Red-vented Bulbul,

The large number of these species which were identified last year by the NSW Dept of Ag., during their declaration period would make the so-called "scientific panel" look to be as far removed from the reality of aviculture as they in fact are. However when a serious look is taken at this list you will see that not only are they VERY wrong about birds currently held within aviculture, but this "scientific panel" of alleged "EXPERTS" have included the ZEBRA DOVE Geopezia Striata, yes thats also known as Peaceful Dove - an AUSTRALIAN NATIVE! The RED-VENTED BULBUL and the HILL MYNA are in such large numbers in the wild that they, along with many others, are listed as supplementary birds in the RAOU publication - Taxonomy and Species of Birds of Australia and its Territories.

The greatest concern that the AAPA has for Australian Aviculturists is the large number of these species we KNOW to be within Australia. If the registration scheme is allowed by the new government to go ahead, then anyone keeping/breeding these species is open to siezure and loss of birds by ANCA's thought police. REMEMBER - we hate to say "we told you so . ." BUT, while ANCA were lying by stating that very few birds would be on the registered list, AAPA kept saying that the money making plan would involve nearly ALL avicultural species. It HAD TO for the scheme to work.

The integrity of ANCA (or lack of it) in relation to this scheme is highlighted in the statement in the Executive Summary from the Scientific Assesment panel: "Only after the one month initiation period of the registration scheme will a list of verified exotic birds which are subject to the scheme be published." What does this mean? - Say you had some of the many Black Capped Conures in the country and you have had them for 10 years or more and you know a number of other breeders of these birds. ANCA advertising will tell you that you MUST register your birds by the due date, however they won't tell you which birds are on their list. You register in good faith, ANCA, 30 days after the scheme begins, then go out and seize your birds because they are not on their list of allowed birds.

*GREEN on the outside - but RED right through

So do you register or not - We can't advise you NOT to register, we would be in breach of the law. But we can advise you to think very carefully before deciding. A huge blackmarket will undoubtably arise from this attempt at hobby control, and...

Since the launching of this internet site, AAC have received a number of E-mails seeking information on a number of Cairns based wildlife officers. These include Michael Anthony Chep and Thomas James East, both formerly of the Qld Police Service who left under what are widely regarded as highly dubious circumstances. Another DEH official, Brenton Carrick Vincent is also subject of information requests. With the e-mails have come a mass of (at this stage) unsubstantiated allegations against all three men, although these allegations are in line with previous activities by all three men, so are regarded at this stage as probably correct. (Refer to the book Smuggled-2 for details - see further down this page as to how to get the book).

In relation to East, it has been alleged that he was adversely named in an Inquiry into Aboriginal Deaths in custody re incidents on Cape York, while he was still a serving Police Officer. Any further information re the Inquiry and the report itself (where it could be obtained or a copy of it), are sought by AAC (see E-mail address below). We also seek further material re all three officers, particularly in relation to criminal actions by all three in their capacities as wildlife officers. While a substantial amount of adverse information is presented in Smuggled-2, we believe that there are substantially more illegal activities which have yet to come to light, based on a number of (as yet unsubstantiated) further allegations. Further information in this regard would be appreciated.

RAYMOND HOSER
41 VILLAGE AVENUE
DONCASTER VICTORIA 3108
AUSTRALIA

JANUARY 5TH 1997

TO
THE AUSTRALIAN FEDERAL POLICE,
ATTENTION THE ASSISTANT COMMISSIONER - VICTORIA,
383 LATROBE STREET,
MELBOURNE, VICTORIA, 3000,
AUSTRALIA.
PHONE: +61 3 9607-7681
FAX: +61 3 9607-7390

DEAR SIR/MADAM,

Over the past week, I have been advised by a Mr. Scott Solar of the United States of America that a person impersonating myself attempted to purchase (illegally), some reptiles from him to export to me/my address here in Australia. As your department is well aware, I have been involved in exposing the illegal trade in wildlife to and from this country for many years and I am disturbed that someone should be attempting to set me up in the way described above. (Solar's address details are: PO Box 11, Chino CA., 91708-0011, USA, Email: reptech@juno.com). On the basis of events in the past week, I ask that yourselves, Australia Post, Customs and other relevant agencies investigate these action/s in attempting to set me up and if necessary to check all parcels coming to my home address via the postal system and/or otherwise. However I do ask that it be made known if and when individual parcels are checked, by a notation on these parcels.

For my part I will notify relevant authorities if and when any unsolicited fauna or other contraband arrives at my home address or to me in any other way. Furthermore I will NOT accept responsibility for any material that arrives in my possession not solicited by myself and/or bogusly ordered. Furthermore none has been or will be solicited by me. I will however surrender any improperly obtained fauna or other contraband that arrives in my possession forthwith upon receipt (after I have photographed it and noted it's contents).

Copies of this letter have been faxed widely in order to give myself some level of protection against any further potential setups. Assuming you are familiar with the contents of my book The Hoser Files - The Fight Against Entrenched Official Corruption, you will be aware that I have had to defend myself in the courts against a number of set-ups by corrupt government officials, including at least two cases where officials have illegally altered documents (for example see last four pages of The Hoser Files). I do not want to be subject to any further fabricated charges. Please take the entire contents of this letter seriously and advise me of any and all results of any and all investigations by yourselves and/or other government agencies.

Please fill in and fax back immediately the following FAX RETURN SHEET or equivalent.

YOURS FAITHFULLY - RAYMOND HOSER.

WASHINGTON (Reuter) - - A U.S. judge Friday handed down the stiffest ever jail term for reptile smuggling, sentencing a German man to almost four years for conspiring to smuggle hundreds of endangered snakes and tortoises into the United States and Canada, the Justice Department said.

Wolfgang Michael Kloe of Raenberg, Germany was sentenced by Judge Ann Conway in Orlando, Florida, to 46 months in prison, after pleading guilty last October to conspiracy, smuggling, money laundering and attempted escape.

A second man, Simon David Harris of Blairgowrie, South Africa, was given three years probation for smuggling Madagascan tree boas and spider tortoises into Florida from Frankfurt, Germany in August 1996.

Trade in all of the animals smuggled -- Madagascan tree boas and ground boas, spider tortoises, and radiated tortoises -- is restricted under the Convention on International Trade in Endangered Species.

The animals were discovered when a Customs Service officer at Orlando International Airport felt something stirring inside Harris' suitcase, the Justice Department said.

Four others indicted with Kloe and Harris are outside the United States.

Further details on this case will be posted on this site as they become available

Michael Van Nostrand President, and Dale Marantz, employees of Strictly Reptiles, Florida, one of U.S. largest wholesalers of reptiles and amphibians has been indicted by the US Federal Government on Jan 31, 1997 for illegally importing 1,100 herps listed on CITES.

They are charged with fraud, conspiracy and illegal international trade in wildlife. The herps included tortoises, snakes and lizards all from Argentina.

Personally they face, if convicted, up to 49 years in prison, and a $2.5 million dollar fine, while the company faces a $5.3 million dolllar fine.

It should be noted that at this stage both men have been charged only and the presumption of innocence should in the meantime be given to both men.

Further developments on this case (regardless of which way it goes) will be posted on this site as news becomes available.

US GOVERNMENT - FWS MEDIA RELEASE DATED 8TH MARCH 1997

BOA CONSTRICTOR CONVICTION: On January 30, 1997, the U.S. Justice Department issued the following press release: William A. Keefer, United States Attorney for the Southern District of Florida, and Jorge Picon, Senior Resident Agent, U.S. Fish and Wildlife Service, announce that Tim Eaton, 36, of Tequesta, Florida, was sentenced to two years in prison and ordered to pay a $25,000 fine today by U. S. District Court Judge Lenore Nesbitt following his conviction by a Federal jury on all five counts of an indictment charging him with conspiring to smuggle over one hundred Peruvian red tail boa constrictors into Miami International Airport in violation of the Endangered Species Act. Eaton had also been charged with two counts of smuggling boa constrictors and with two counts of receipt, sale, and facilitating the transportation of smuggled boa constrictors in violation of the smuggling statute, Title 18, U.S.C. section 545. The conviction came after a week-long jury trial in July 1996.

According to the evidence presented at trial, between February and November 1993, the defendant conspired to smuggle approximately 141 red tail boa constrictors (Boa constrictor), one rainbow boa constrictor (Epicrates cenchria), and three green anacondas (Eunectes murinus) from Peru in violation of the Endangered Species Act. Because these animals are species of wildlife listed on Appendix II of CITES, they are prohibited from importation into the United States without first obtaining a valid CITES permit from the exporting country. At all relevant times, Peru had banned the commercial trade in its Amazon rainforest species, including these.

The Peruvian red tail boa constrictor is a highly desired reptile within the U.S. pet trade. Because of its distinctive red coloring and because of its relative rarity due to the fact that Peru does not allow its export, the Peruvian red tail boa commands a much higher price than the common boa constrictor in the U.S. pet market. At the sentencing hearing, the Court found that the evidence showed that in 1993, a healthy Peruvian red tail boa constrictor would sell for approximately $400 on the retail market, bringing the total retail value of the smuggled wildlife in this case to $57,600.

According to the evidence adduced at trial, Eaton is the president of Peruvian Imports Unlimited, which imports and distributes "Cat's Claw," reported to be a herbal remedy. Eaton testified at trial that his company grossed $3.5 million in sales in 1995.

The case was prosecuted by Assistant United States Attorney Lauren Priegues of the Environmental Crimes Section and investigated by Special Agent Charles Bepler.

2ND US GOVERNMENT - FWS MEDIA RELEASE - MARCH 8TH 1997

REPTILE SMUGGLERS INDICTED:

On January 31, 1997, the U.S. Justice Department issued the following press release: William A. Keefer, United States Attorney for the Southern District of Florida, and Jorge Picon, Senior Resident Agent, U.S. Fish and Wildlife Service, announced that Michael J. Van Nostrand, Dale Marantz, and Strictly Reptile, Inc., of Hollywood, Florida, were indicted by a Federal grand jury in Miami charging them in a thirteen count indictment with conspiring to smuggle various reptiles from Argentina into Miami International Airport in violation of the Endangered Species Act and CITES. Michael J. Van Nostrand, Dale Marantz, and Strictly Reptile, Inc. have also been charged with four counts of receipt, sale, and facilitating the transportation of two species of smuggled boa constrictors, Chaco tortoises, and Tegu lizards in violation of the smuggling statute, Title 18, U.S.C. section 545. In addition, four misdemeanors are charged against each of the defendants under the Endangered Species Act for their activities involving trade in protected species. Finally, the grand jury brought four felony charges against each defendant for violation of the Lacey Act, a conservation statute that permits the United States to assist other countries and the international community by giving effect to their wildlife protection laws in the United States.

According to allegations of the Indictment, the defendants engaged in a protracted effort to secure wildlife illegally from Argentina over the period from November of 1990 through April of 1992. The Indictment identifies six different species of wildlife allegedly smuggled into the United States by the coconspirators, totaling over 750 specimens of boas, tortoises, turtles, and lizards. Because these animals are species of wildlife listed on Appendix I and II of CITES, they are prohibited from importation into the United States without first obtaining a valid CITES permit from the exporting country. According to the allegations of the Indictment, at all relevant times, the three defendants failed to obtain or possess the required permits or certificates to engage in their trading and sales activity with respect to the specimens identified in the charges.

If convicted on all counts, Van Nostrand and Marantz each face maximum penalties of five years in jail for each of the nine felony charges against them and up to one year in jail on each of the misdemeanor counts. They are also subject to fines up to $250,000 on each of the felony charges and $100,000 on each misdemeanor count. The corporate defendant faces criminal fines of $500,000 on each felony and $200,000 on each of the misdemeanor charges. Additionally, the Indictment contains five forfeiture counts which permit the Government, upon a conviction in the case, to seize the proceeds of the illegal activity and any property derived therefrom. In the event the forfeitable property cannot be located, substitute property of the defendants may be seized and forfeited.

Mr. Keefer commended the efforts of the Special Agents of the U.S. Fish and Wildlife Service, Miami Resident Office, who investigated this matter on behalf of the United States.

Sincerely,
Kenneth B. Stansell, Chief
Office of Management Authority

The Kansas City Star - October 25, 1997, reports:

Jackie Williams, US attorney for Kansas, announced that a federal grand jury had indicted two men on charges of illegally buying and selling more than 100 ornate box turtles.

Indicted were Daniel Newton of Elk City, KS -- two counts of transporting and selling 837 box turtles in interstate commerce -- and Terry Luke Stevens of Thibodaux, LA -- three counts of receiving, acquiring and purchasing numerous snakes and 175 box turtles that had been caught in Kansas. If convicted, Newton could receive ten years in a federal prison and Stevens 11 years. They are scheduled to appear before a US magistrate on November 18, 1997, in Topeka, KS.

Some of the box turtles confiscated were taken to Caldwell, KS, "The Ornate Box Turtle Capital of the World," and released during a ceremony at a roadside park at the edge of town.

Richard harrold, chief of special operations for the Kansas Wildlife and Park Dept., said the illegal turtle trade probably has been under way in the state for some time, but only recently has the department become involved in curtailing it.

Subject:
Sentencing of Bird Smuggler
Date:
Thu, 6 Nov 97 22:29:39 GMT
From:
bruce_weissgold@mail.fws.gov
Reply-To:
cites-l@wcmc.org.uk
To:
Multiple recipients of list cites-l@wcmc.org.uk

The following information was forwarded by the U.S. Department of Justice, Wildlife and Marine Resources Section. It concerns the re-sentencing of Theodora "Teddy" Swanson who was convicted in July 1995 for felony charges stemming from her involvement in a multi-year conspiracy to smuggle cockatoo eggs from Australia to the United States. Individuals involved in the case smuggled approximately 560 eggs, and sold birds hatched from the eggs for prices ranging from $1,000 - $13,000 per bird, depending on the species. Species involved included the rose-breasted cockatoo, Major Mitchell's cockatoo, sulphur-crested cockatoo, slender-billed cockatoo, white-tailed black cockatoo, and the red-tailed black cockatoo. Previously sentenced defendants from the case include, but are not limited to, William A. Wegner, Brian T. Bradley, David C. Freda, and Mark Skillman. The fifteen individuals convicted during this segment of Operation Renegade received a total 136 months incarceration and 162 months probation. The leader of the conspiracy, William Wegner, 41, of La Jolla, California, is presently serving a 5-year sentence of imprisonment and has been ordered to pay a $10,000 fine.
-----
Operation Renegade, U.S. Fish and Wildlife Service, Division of Law Enforcement

United States v. Theodora Swanson
(C.D. Cal. (Anderson)

On Monday, November 3, 1997, the defendant's original 37 month prison sentence was reduced to 30 months upon re-sentencing by Judge Aubrey B. Collins in Los Angeles. The case was remanded by the Ninth Circuit earlier this year when the court disallowed an enhancement under the sentencing guidelines for obstruction of justice. Judge Kenyon, the original sentencing judge, who has since retired, has awarded Swanson an obstruction of justice enhancement for her patently false trial testimony, yet conceded at sentencing that the defendant herself may have truly believed what she said. That belief would relieve her of the obstruction enhancement, and the prosecution conceded that point on appeal. To avoid the possibility of retrying sentencing issues before Judge Collins, the defense and prosecution jointly stipulated to a 30 month prison term (and no fine as before). The defendant, a former bird keeper for the Playboy Mansion, must begin serving her sentence January 5, 1998.

Swanson was a co-conspirator between 1987 and 1991 in the egg smuggling case, in which approximately 560 eggs were illegally transported from Australia to the United States, with an estimated wildlife market value of $1,241,000. Swanson was convicted of 1 misdemeanor and 2 felonies in July 1995 after a two week jury trial. Fourteen other defendants were also convicted in this segment of Operation Renegade, although Swanson was the only defendant to choose to go to trial.
-----
Bruce J. Weissgold, CITES Policy Specialist
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Rm. 700
Arlington, VA 22203
Tel: (703) 358-1917
Fax: (703) 358-2298
E-mail: Bruce_Weissgold@fws.gov

+61 412 777 211