Wildlife Smuggling—Bootleg Brazilian Spiders

On March 16, 2006, Customs and Border Protection inspectors at Miami International Mail Facility intercepted a package entering the United States from Brazil that contained 35 exotic spiders of the species Vitalis sp.^[1] The shipment lacked the appropriate import‑export license and did not declare the contents as foreign wildlife.^[2]

Inspectors tagged the package with a transponder and allowed it to be delivered to the addressee, Jared H. Ohsman, at a pet store in Mesa, Arizona.^[3] After Mr. Ohsman signed for the package, he was arrested and charged with violating the Lacey Act, 16 U.S.C. § 3372(a)(2)(A).^[4]

This week, Mr. Ohsman was sentenced to 18 months probation for the crime of importing wildlife possessed contrary to foreign law.^[5] During a consent search of Mr. Ohsman’s apartment, authorities also found over 200 spiders and 100 snakes, including some venomous varieties.^[6] Based on these discoveries, Mr. Ohsman was also convicted of violating Arizona laws by possessing restricted species.^[7] The animals were taken into protective custody.^[8]

Lacey Act: 16 U.S.C. § 3372(a)(2)(A)
It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any state or foreign country.

The criminal penalties for this crime are codified in 16 U.S.C. § 3373(d)(1)(A) and include imprisonment of up to 5 years, a fine of not more than $20,000, or both.

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[1] Man Convicted for Bootleg Spiders, Associated Press, Oct. 25, 2006 [hereinafter AP].
[2] Wildlife Smuggler Sentenced on Charges of Importing Spiders from Brazil, United States Attorney’s Office, Southern District of Florida, Press Release, Oct. 24, 2006 [hereinafter AUSA].
[3] Id. See also Police: Fla. Man Smuggled Exotic Spiders, Associated Press, Oct. 25, 2006.
[4] AUSA supra note 2. See also U.S. v. Ohsman, 1:06-cr-20630-FAM, Criminal Information, Docket Entry # 1 (S.D. FL, Sept. 29, 2006).
[5] AUSA supra note 2.
[6] AP supra note 1.
[7] AUSA supra note 2.
[8] AUSA supra note 2.