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First Quarter Report Office of Law Enforcement 1st Quarter FY 2014 Report 1 Oct – 31 Dec 2013 South Atlantic & Caribbean Lacey Act Contents South Atlantic/Caribbean Gulf of Mexico NOAA OLE Special Agents from the Marathon, FL Media/Press field office along with Agents from the USFWS Cases By Investigation Type attended the sentencing for Key Marine, Inc., Eric Complaints By Investigation Type Pedersen, and Serdar Ercan in Key West, Florida in Hours By Activity Hours By Program December. U.S. District Judge Jose Martinez Cases Opened sentenced the defendants as a result of their conspiracy Marine Sanctuary to violate the Lacey Act for harvesting, capturing, and Summary Settlements selling various species of marine wildlife from the JEA Florida Keys National Marine Sanctuary and state waters. Pedersen was sentenced to 24 months in prison, followed by two years of supervised release, fined $10,000, barred from dealing in wildlife during Science, Service, Stewardship 1 his probation and ordered to forfeit his vessel. Ercan NOAA OLE Special Agents from the Marathon, FL received a sentence of one year and a day in prison, field office along with Agents from the USFWS, followed by one year of supervised release and a fine attended the sentencing of Ammon Covino and of $6,000. The two men’s scheme included illegally Christopher Conk on December 2, 2013. The men harvesting and marketing marine life from the Florida were sentenced in Key West, FL following being Keys to wholesalers throughout the United States and found guilty of criminally conspiring to harvest, abroad through their business Key Marine, Inc. transport, and sell spotted eagle rays and lemon sharks, According to the charging documents, between knowing they were taken, possessed, transported, sold, October 2010 and February 2011, the defendants and intended to be sold in violation of the laws and illegally collected, exported, and sold in interstate and regulations of the state of Florida, contrary to the foreign commerce various species of marine life, Lacey Act. Covino was sentenced to one year and a including Live Rock and attached invertebrates, coral, day in prison, followed by a term of supervised release sea fans, and several species of sharks. The of two years and was also barred from dealing any Information alleges the defendants exceeded the legal with marine life during his probation. Conk received a limit on the harvest of coral as part of their illicit sentence of four months in prison followed by two harvesting activities. The defendants did not possess years of supervised release. As part of Conk’s any permits or licenses to remove or sell marine sentence, 180 days of the supervised release is to be wildlife. served in home detention. Covino and Conk engaged in a conspiracy to purchase and transport wildlife, including spotted eagle rays and lemon sharks from the Florida Keys to Idaho for exhibit at the Idaho Aquarium in Boise, all in violation of the Lacey Act. NOAA OLE Special Agents from the Marathon, FL field office along with Agents from the USFWS completed an investigation involving a conspiracy to unlawfully transport, sell, receive, acquire, and purchase fish and wildlife. On November 25, 2013 Joseph Franko entered a guilty plea before a U.S. Magistrate Judge in Key West. On December 2, 2013, co-defendant Richard Perrin also entered a guilty plea in the same courtroom. Franko and Perrin admitted conspiring with others to transport, sell, receive and NOAA OLE Special Agents from the Miami, FL field acquire Sea Fans, ornamental tropical fish, sharks and office and officers from the FWCC completed the alligators all the while knowing the wildlife was investigation of Toby Lamm for violating the Lacey intended to be sold in violation of the laws and Act. Lamm was sentenced on December 23, 2013, in regulations of the state of Florida and in violation of U.S. District Court by U.S. District Judge Jose the Lacey Act. Sentencing is set for March 25, 2014 Martinez to two years’ probation and a $2,500.00 fine in Key West. for criminal violations of the Lacey Act. Lamm had previously pled guilty on October 4, 2013, for a case A NOAA OLE Special Agent from the Aguadilla, PR which involves Lamm returning from the Bahamas in field office along with Agents from the FBI completed possession of 338 queen conchs, 11 wrung lobsters an investigation involving the illegal sale of sea turtle tails, 31 stone crab claws and 200 pounds of snapper meat. On November 18, 2013, Manuel Garcia- fillets all in violation of Bahamian and Florida law. Figueroa pleaded guilty to a felony violation of the Lacey Act for the illegal sale of sea turtle meat. 2 NOAA FISHERIES SERVICE JULY 2013 Between December 2009 and January 2010, the which, among other things, advertised the sale of nurse defendant admitted to selling more than $350 worth of sharks on eBay and Craigslist. Between August and meat and carapaces from endangered hawksbill sea October 2009, Trinh admitted to taking undersized turtles, and meat from a threatened green sea turtle. In California leopard sharks from the San Francisco Bay July 2013, the Justice Department’s Environment and and selling them through his businesses to customers Natural Resources Division and the U.S. Attorney’s in Canada and Florida. The defendant also conspired Office in Puerto Rico announced the formation of the to transport, sell, receive, and purchase illegally Puerto Rico Environmental Crimes Task Force to collected nurse shark pups over the internet. The investigate and prosecute environmental crimes on the California Academy of Sciences was paid $5,400 of island. Under the new task force, federal investigative the restitution and $9,000 is to be paid to the National agencies are coordinating their efforts to investigate Fish and Wildlife Foundation. Trinh will forfeit his and prosecute those responsible for committing truck and fishing vessel, and will relinquish all rights wildlife and pollution-related crimes. Sentencing is to any state fishing, hunting, or other wildlife scheduled for February 18, 2014. This case was the collecting licenses. result of a joint undercover operation by NOAA OLE and the FBI. NOAA OLE Special Agents from the Marathon, FL field office along with Agents from the USFWS NOAA OLE Special Agents from the Port Orange, FL completed an investigation involving conspiracy, field office were advised by NOAA GCES that a Lacey Act, and wire fraud violations. On November written warning was issued to two individuals for 13, 2013, Dean Trinh was sentenced to serve five illegally gigging red drum in Georgia, then months’ home detention and ordered to pay a $10,000 transporting the fish to Florida and selling the fish. fine to the Lacey Act Reward Fund, along with The investigation was a joint effort between NOAA $14,400 in restitution. Trinh previously pleaded guilty OLE, FWCC and Georgia DNR. to criminal conspiracy, Lacey Act and wire fraud violations stemming for the illegal take and sale of National Marine Sanctuaries Act California leopard sharks from the San Francisco Bay and nurse sharks from Florida waters. Trinh operated a NOAA OLE Special Agents from the Miami, FL field business in California known as Aquatop USA, LLC, office investigated a case for fishing in a Special Science, Service, Stewardship 3 Protected Area (SPA). A $600 Summary Settlement A NOAA OLE Special Agent from the Port Orange, was issued to Harold Jimenez-Pino and Dariel FL field office conducted personal service of a $1,800 Montero-Sabido for fishing in the SPA in the Florida NOVA issued by NOAA GCES to an individual in Keys National Marine Sanctuary (FKNMS). The Jacksonville, FL who was charged with the possession Summary Settlement was satisfied. of 23 undersized black sea bass harvested from federal waters. The case was initiated by FWCC officers NOAA OLE Special Agents from the Miami, FL field patrolling offshore of Mayport, FL. office investigated a case for spearfishing in a Special Protected Area (SPA). A $600 Summary Settlement Endangered Species Act was issued to Luis Garcia-Diego and Yosvany Vega for spearfishing in the SPA in the Florida Keys National Marine Sanctuary (FKNMS). NOAA OLE Special Agents from the Miami, FL field office investigated a case for discharge deposit of non- exempt materials. An $800 Summary Settlement was issued to James Padgett for discharging deposits of non-exempt materials in the Florida Keys National Marine Sanctuary (FKNMS). Magnasun-Stevens Act NOAA OLE Special Agents from the Miami, FL field office investigated a case for failure to register a fishing tournament. A $2,000 Summary Settlement NOAA OLE Special Agents from the Miami, FL field was issued to the Anthony Albelo, owner/operator of office and the FWCC completed an investigation the fishing tournament “Sailfish Kickoff.” The involving violations of the Endangered Species Act. owner/operator had previously been advised of the On December 23, 2013, Robert Jaques pled guilty and requirement to register the tournament and failed to do was sentenced for violations of the Endangered so. Species Act, in U.S. District Court in West Palm Beach, FL. U.S. Magistrate Judge William NOAA OLE Special Agents from the Port Orange, FL Matthewman sentenced Jaques to a term of field office was advised by NOAA GCES that a $300 imprisonment for 10 days. The case involved Jaques Summary Settlement for possession of red snapper offering the sale of endangered sawfish rostrums via was paid by Paul Copperthwaite, the owner/operator the internet. This case was the result of a joint of a St. Augustine, FL recreational vessel; the case undercover operation by the NOAA OLE and the was initiated by FWCC officers on patrol in federal FWCC.
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