Los Angeles Becoming Hotbed for Wildlife Smuggling

From monkeys smuggled into the country in a man’s pants^[1] to tortoises shipped with Chinese toys, the illegal animal trade through Los Angeles is growing increasingly daring—and lucrative—officials say.^[2] A partial list of smuggled wildlife seized by federal agents in Los Angeles includes hundreds of piranhas and stingrays from South America, Asian leopard kittens from Indonesia, thousands of threatened songbirds from West Africa, protected parrots from Mexico, Hawaiian chameleons, a jaguar pelt, even the head of an endangered Bengal tiger.^[3]

"You name it, we've seen it," said Joe Johns, chief of the environmental crimes section at the U.S. Attorney's office.^[4] “We're investigating as many cases as we ever have," Johns’ office has grown from one prosecutor to six in the past eight years to keep up with the booming global trade in smuggled wildlife, with worldwide sales estimated to be anywhere from U.S. $10 billion to U.S. $20 billion.^[5]

In the United States, the trade is the second largest black market after illegal drug traffic, and much of the trafficking is centered on Los Angeles.^[6] "We're not only a gateway to Central America, but we're also right at the core of the trade with the Pacific Rim," said Marie Palladini, special agent with the U.S. Fish and Wildlife Service in Torrance, just south of Los Angeles.^[7]

Hard numbers on how much illegal wildlife enters the U.S are hard to come by, however Johns would estimate that he receives a case to prosecute about once every other week, but he asserts that that probably represents only a tiny fraction of the smuggling activity taking place in his southern California district.^[8]

Smugglers range from collectors looking to own an exotic pet to sophisticated crime rings drawn by potentially huge profits.[9] Much of the illegal wildlife comes through Los Angeles International Airport, one of the nation's busiest, but Los Angeles is also the busiest seaport complex in the country.^[10] A large volume of smuggled wildlife is concealed in sea cargo containers of other products being brought into the country.^[11]

"Smugglers realize the chances of their sea cargo container being inspected are minimal…. [Yet more smuggled wildlife is being intercepted, which can be attributed] partly to heightened scrutiny for national security reasons. Just by peering into containers looking for dirty bombs, you start to find other types of criminal activity as well," Johns asserted.^[12]

Organized wildlife crime is one of the areas which Interpol considers to be a core transnational crime.^[13] The Interpol Wildlife Working Group [hereinafter IWWG] was created by various Interpol members representing several signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora [hereinafter CITES].^[14] According to the IWWG, the “increase in international wildlife criminal activity, coupled with trends in legal and illegal trade, reveals criminal patterns and practices which indicate that organized crime composed of various cells exists with the illegal wildlife trade.”^[15] The stated goal of Interpol’s efforts is to “optimize the global effort to combat environmental crimes related to wildlife and plants.”^[16] To accomplish their goals the IWWG maintains an international information exchange network; improves domestic operations through cooperation; assists in the training of wildlife enforcement officers in developing countries; encourages the integration of wildlife enforcement activities; and hosts international meetings to promote improved international communication.^[17]

In the United States, importing, exporting, selling, receiving, acquiring, or purchasing any wildlife that has been taken, possessed, transported or sold in violation of any law or regulation of any foreign law is covered by 16 U.S.C. § 3372(a)(2)(A). The punishment for violating this statute is a fine of up to US$20,000, imprisonment for up to 5 years, or both.^[18]

In previous posts, federal criminal defense lawyer Douglas McNabb has discussed charges of wildlife trafficking, a violation of the Lacey Act (16 U.S.C. § 3372(a)(2)(A)) in cases involving leopard sharks and Honduran lobsters.

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^[1] California Man Charged with Smuggling Exotic Cats Through L.A. Airport, Canadian Press, Sept. 20, 2006 [hereinafter CP]; federal criminal defense attorney Douglas McNabb has previously blogged about this, here.
^[2] Stefan Lovgren, Wildlife Smuggling Boom Plaguing L.A., Authorities Say, National Geographic News, July 26, 2007, available at http://news.nationalgeographic.com/news/2007/07/070725-animal-smuggle.html (last visited August 7, 2007).
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] See, Interpol Wildlife Working Group, Interpol—Environmental Crime, Interpol, last visited August 7, 2007.
^[14] Id.
^[15] Id.
^[16] Id.
^[17] Id.
^[18] 16 U.S.C. § 3373(d)(1)(2007).