Environmental Crimes Section October 2015 Inside This Issue
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Monthly Environmental Crimes Section October 2015 Inside this Issue: Indictments 3—5 Guilty Pleas 6—8 9- Sentencings 51 Contacts 16 17- Announcements 18 Black Rhino Send your federal case updates to: “This extradition is a significant step forward in our [REDACTED] international efforts to address wildlife trafficking and demonstrates that our international partners are also committed to ending this illegal trade in endangered U.S. Department of Justice species,” said Assistant Attorney General Cruden. Environment and Natural Resources “Rhino horn trafficking is having a devastating effect Division on the rhino and the allegations facing this individual Environmental Crimes Section are just the type of illegal behavior that is fueling an PO Box 7611 international market for horns. We must stop it in its Washington, D.C., 20044 tracks.” From Sheridan extradition press release. 202-305-0321 Environmental Crimes Section Monthly Bulletin District/Circuit Case Name Case Type/Statutes Southern District of Alabama United States v. Daniel Paul Dancu Vessel/Conspiracy, APPS District of Alaska United States v. Clark W. Dixon Big Game Hunts/Lacey Act United States v. James Staeheli Mining Operation/CWA Central District of California United States v. John K. Shea Seed Sales/ESA Eastern District of California United States v. Juan Penaloza-Ramirez Marijuana Grow /Drug Charges, Depredation of Public Land Southern District of United States v. Michael J. Conrad Debarment/False Statement California District of Idaho United States v. Adrian Q. Brown-Sonder Eagle Part Sales/BEGPA Eastern District of Louisiana United States v. Garcia Shrimp Company, LLC Shrimp Mislabeling/Lacey Act Eastern District of Missouri United States v. Daniel T. Wright Asbestos Abatement/CAA Western District of Missouri United States v. Felix Baravik Paddlefish Caviar/Lacey Act, Conspiracy Southern District of Ohio United States v. Benjamin N. Chason White-tailed Deer Breeding/ Conspiracy, Lacey Act, Wire Fraud District of South Carolina United States v. Albert Dickson Asbestos Removal/CWA Western District of Texas United States v. Patrick Sheridan Rhino Horn Sales/Lacey Act United States v. Tomas Perez Migratory Bird Sales/MBTA Page 2 October 2015 Environmental Crimes Section Monthly Bulletin Indictments/Informations United States v. Juan Penaloza-Ramirez, aka Juan Penaloza-Herrera, aka Juan Penaloza, No. 15-CR-00264 (E.D. Calif.), AUSA Karen Escobar. On September 24, 2015, a seven-count indictment was returned against Mexican national Juan Penaloza-Ramirez, aka Juan Penaloza-Herrera, aka Juan Penaloza and Russell Lee Riggs variously charging them with depredation to public lands and drug violations. Both also were charged with firearms violations (21 U.S.C. §§ 841, 846; 18 U.S.C. §§ 922, 1361; 26 U.S.C. § 5841). The defendants are alleged to have been involved in a large- scale marijuana cultivation Trash found at illegal marijuana grow site operation in the Sequoia National Forest Fay Creek area supplying material, equipment, and personnel to sustain more than 3,000 marijuana plants. It is further alleged that the operation caused extensive damage to the land and natural resources. Fay Creek sustains a variety of ecosystems and resources, including riparian habitat supporting trout, wildflowers, and willow, alder and cottonwood trees. The creek also serves as the primary drinking water source for much of the wildlife in the area. Springs were dammed and diverted to irrigate the marijuana plants and large amounts of trash were scattered throughout, including in a flowing stream. This case was investigated by the U.S. Forest Service; the U.S. Drug Enforcement Administration; the Bureau of Land Management; the U.S. Immigration and Customs Enforcement Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Southern Tri-County High Intensity Drug Trafficking Area Task Force; the California Department of Justice’s Campaign against Marijuana Planting, and the Kern County Sheriff’s Office. Page 3 October 2015 Environmental Crimes Section Monthly Bulletin Indictments/Informations United States v. Patrick Sheridan, No. 14-CR-00108 (W.D. Tex.), ECS Trial Attorney Gary Donner and AUSA Greg Gloff. On September 18, 2015, Irish national Patrick Sheridan, arrested earlier this year in the United Kingdom, was extradited to Texas for his role in trafficking black rhinoceros horns. Sheridan and co-defendant Michael Slattery, Jr., were charged in May 2014 with conspiracy and substantive violations of the Lacey Act for wildlife trafficking and making a false wildlife document (16 U.S.C. §§ 1538(a)(1)(E), 1540(b)(1), 1540(e)(4), 3372(a)(1), 3373(d)(1)(B); 18 U.S.C. § 371). According to the indictment, in 2010, the defendants used a “straw buyer” to purchase two black rhinoceros horns from a taxidermist in Texas. The horns were subsequently sold in New York. Slattery has been sentenced to 14 months’ in prison for his role in the conspiracy. Sheridan is further charged with making a fictitious and fraudulent bill of sale in connection with the rhinoceros horns. This case was investigated by the U.S. Fish and Wildlife Service. United States v. Clark W. Dixon, No. 4:15-CR-00023 (D. Alaska), AUSA Steven Skrocki. On September 14, 2015, a cable TV hunting show host and nine other individuals were indicted for their participation in a multi-year poaching operation on the Noatak National Preserve (Preserve). According to the charging documents, dozens of big game animals, including grizzly bear, moose, caribou and Dall sheep were illegally hunted and killed with some of the illegal kills ending up on the cable hunting show “The Syndicate.” Two production companies and another individual charged with filming and airing footage without a permit were cited by the National Park Service in connection with Defendants with bull moose this investigation. Defendants charged are: Clark W. Dixon, Charles W. Dixon, Randolph Goza, Terry Goza, Clarence M. Osborne, Shannon D. Hooks, Lance D. Walker, and Fulton J. Wold. Clark Dixon, a featured host on the show and a Mississippi resident, was charged with two felony Lacey Act violations for his role in the illegal take of big game (16 U.S.C. §§ 3372(a)(2)(A), 3373(d)(1)(B)). In 2010, Clark Dixon and Osborne illegally took a grizzly bear for a fee without Clark Dixon possessing a license as a registered Alaska big game guide. Clark Dixon is further charged with conducting an illegal outfitting operation on the Noatak National Preserve over the last six years. Pilots Randolph Goza and Charles Dixon are (Continued on page 5) Page 4 October 2015 Environmental Crimes Section Monthly Bulletin Indictments/Informations (Continued from page 4) accused of assisting Clark Dixon in the operation. Clark Dixon’s father, Charles Dixon, is charged with two Lacey Act violations for his assistance in the illegal outfitting and hunting operation. His STOLQuest SQ-4 aircraft was allegedly used to transport unlawfully taken game. Randall Goza, Terry Goza, Osborne, Hooks, Walker, and Wold are charged with Lacey Act violations for the illegal take of various Alaska big game species. Robert Viner was issued a federal citation in Mississippi for the illegal transport of an unlawfully taken brown bear. The Outdoor Syndicate, LLC; its owner, Michael P. Dianda; and an editing studio, Zap Lab, Ltd., all were issued federal citations for taking footage of the hunts and using it on the show without obtaining a permit to commercially film on the Preserve. This case was investigated by the U.S. Fish and Wildlife Service and the National Park Service. Page 5 October 2015 Environmental Crimes Section Monthly Bulletin Guilty Pleas United States v. Daniel Paul Dancu, No. 2:15-CR-00102 (S.D. Ala.), ECS Trial Attorney Shane Waller, AUSA Mike Anderson, and ECS Paralegal Jessica Pannett. On September 21, 2015, Daniel Paul Dancu pleaded guilty to a conspiracy violation (18 U.S.C. § 371) for his role in the illegal dumping of bilge waste. Dancu worked as a chief engineer onboard the oil tanker M/T Stavanger Blossom between November 2007 and November 2014. In January 2010, Dancu was informed by an outgoing chief engineer that the oil water separator did not function properly. Rather than offloading the waste shoreside, Dancu and other crewmembers began bypassing the oily water separator (OWS), discharg- ing it overboard for several months in 2014. Crew members also tricked the OWS oil con- tent meter with fresh water to allow the overboard discharge of untreated oily wastes. These discharges were not recorded in the ship’s oil record book. Trial is scheduled to begin on October 26, 2015, against shipping company Det Stavangerske Dampskibsselskab AS (DSD Shipping) and three engineers. This case was investigated by the U.S. Coast Guard Investigative Service and the U.S. EPA Criminal Investigation Division. Page 6 October 2015 Environmental Crimes Section Monthly Bulletin Guilty Pleas United States v. Daniel T. Wright, No. 4:15-CR-00145 (E.D. Mo.), AUSA Dianna Collins. On September 4, 2015, Daniel T. Wright pleaded guilty to violating the Clean Air Act for illegally removing asbestos from a former school building (42 U.S.C. § 7413(c)(1)). In August 2013, Wright was contracted to remove and properly dispose of asbestos from the former school building for $104,000. Wright solicited and received a verbal bid for asbestos abatement and disposal from GEHM Environmental for $86,000. Wright ultimately decided, however, to employ workers to complete the abatement who were not licensed or trained to work with asbestos . The crew was comprised mostly of local people, including high school students. Wright obtained a demolition permit and package in September 2013, which put him on notice of the state and federal regulations with which he had to comply. Shortly after beginning the demolition, however, citizen complaints forced the police to shut down the project.