U.S. Stops Turtle Smuggling Operation

A three-year undercover operation conducted by federal agents of the U.S. Fish and Wildlife Service led to the arrests, on September 6, of five individuals for their roles in illegal international trade of exotic skins and parts manufactured from sea turtles and other protected species of wildlife.^[1] The arrests, which were part of a joint operation with Mexican authorities, were made following the return of two indictments by a federal grand jury in Denver, Colo., on Aug. 22, 2007.^[2]

According to the 54 conspiracy, smuggling and money-laundering charges in the two indictments, the defendants smuggled approximately 25 separate shipments of wildlife skins and products between Mexico and the United States between early 2005 and today, comprising more than 700 tanned skins of sea turtle, caiman, python and other protected species, and well over 100 items, such as boots, belts and wallets, manufactured from the skins of those species.^[3] It is alleged that nearly $60,000 was paid to the Mexican suppliers and of the illegal skins and products, in addition to ''crossing fees'' paid to the alleged smugglers.^[4]

The men are form both the U.S. and Mexico; Carlos Leal Barragan, Esteban Lopez Estrada, Martin Villegas Terrones, all hail from Mexico.^[5] The Americans, Jorge Caraveo and Oscar Cueva, Jorge Caraveo, Maria de los Angeles Cruz Pacheco, Carlos Leal Barragan, Octavio Anguiano Munoz, and Esteban Lopez Estrada are all charged in the first indictment with multiple counts of smuggling sea turtle skins, items manufactured from sea turtle skins, and other wildlife skins from Mexico into the United States and with money laundering by receiving payment for the smuggled goods via international payments from the undercover agents.^[6]

A second indictment alleges similar criminal conduct by Oscar Cueva, Miguel Vazquez Pimentel, Martin Villegas Terrones and Esteban Lopez Estrada. Lopez Estrada is also named in the first indictment.^[7] They are charged with conspiring to smuggle exotic skins into the United States contrary to law, and to transfer funds from the United States to Mexico with the intention of promoting the smuggling, along with substantive counts of smuggling and money laundering.^[8]

Sea turtles are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).^[9] CITES is a multilateral treaty to which the United States, Mexico and around 170 other countries are parties.^[10] CITES prohibits international trade in many species of wildlife, some involved in this case, which are deemed at risk of extinction and are, or may be, affected by international trade.^[11] Five of the seven species of sea turtles are listed as ''endangered'' in all or part of their range, pursuant to the according to the Endangered Species Act; a sixth species is listed as ''threatened.'' Six species of sea turtles are found on and along the coasts of Mexico.^[12]

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.^[13]

Each conspiracy count in the indictments carries a maximum penalty of five years incarceration and $250,000 in fines; each smuggling and money laundering count carries a maximum penalty of twenty years incarceration and $500,000 in fines.^[14]

In previous posts, federal criminal defense lawyer Douglas McNabb has discussed charges of wildlife trafficking, in cases involving leopard sharks and Honduran lobsters.

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^[1] U.S. Department of Justice, US Dep’t Jusitce Press Release,Undercover Sting Nets Five Individuals for Illegal Trade of Protected Sea Turtles and Other Wildlife, September 6, 2007, available at http://www.usdoj.gov/opa/pr/2007/September/07_enrd_691.html (last visited September 18, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Convention on International Trade in Endangered Species of Wild Fauna and Flora, Mar. 3, 1973, 27 UST 1087, 993 UNTS 243.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] 16 U.S.C. § 3373(d)(1)(2007).
^[14] US DOJ, supra note 1.