Gin Pleads Guilty to Participation in International Smuggling Ring

A man accused of participating in an international smuggling ring that trafficked rare Asian tortoises into the United States has agreed to plead guilty to smuggling and conspiracy charges.^[1]

Wai Ho Gin has plead guilty to working with Umesh Tekani, his alleged accomplice in Singapore, in smuggling the endangered Radiated and Indian Star tortoises which are worth more than $30,000.^[2] The endangered turtles while prized by collectors for their brilliantly colored shells, have since been placed in zoos and animal sanctuaries.^[3] Gin also admitted to receiving the tortoises in the mail and selling the creatures when he knew it was illegal to do so.^[4] It has been alleged that Gin received the creatures from Tekani, who has been charged with conspiracy, smuggling and money laundering but remains at large.^[5]

The case came to authorities' attention when customs officers X-rayed a package ''and found something alive in there,'' said Assistant U.S. Attorney Sarah J. Heidel, then following the investigation by the U.S. Fish and Wildlife Service, investigators were able to purchase some of the tortoises from Gin. Federal prosecutors have recommended that Gin receive 10 to 16 months in prison and pay a $3,000 in fines.^[6]

This is the second major smuggling in endangered species case prosecuted by the U.S. in less than a month. Earlier this month we discussed a case where 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;^[7] this post is available here.

As previously stated in our earlier blogs, 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.^[8]

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.[9].

---

^[1] AP Staff, SoCal man to plead guilty in tortoise smuggling case
The Associated Press Newswire, October 3, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] 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).
^[8] 16 U.S.C. § 3373(d)(1)(2007).
^[9] U.S. DOJ, supra note 7.