Smith Facing Wildlife Smuggling Charges

Garret Smith is facing federal charges for allegedly conspiring to import protected tortoises into the United States and selling them.^[1]

U.S. Attorney McGregor W. Scott filed a 21-count indictment against Garret Smith, and an unknown international conspirator dubbed "Turtle Man."^[2] The indictment includes charges of smuggling protected wildlife, false labeling of wildlife, unlawful sale of wildlife and money laundering.^[3]

Smith, arrested earlier this week, allegedly trafficked in rare Burmese Star and Indian Star tortoises; his accomplice is believed to live in Singapore, and is still being sought.^[4]

Organized wildlife crime is one of the areas which Interpol considers to be a core transnational crime.^[5] 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].^[6]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.”^[7]The stated goal of Interpol’s efforts is to “optimize the global effort to combat environmental crimes related to wildlife and plants.”^[8] 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.^[9]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.^[10]

Sea turtles in particular are protected by the CITES.^[11] 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.^[12] 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.^[13]In previous posts, we have 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] E-R staff, Officials allege Chicoan conspired with 'Turtle Man' on tortoise smuggling, ChicoER.com, January 10, 2008, available at http://www.chicoer.com/news/ci_7934552 (last visited January 10, 2008).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] See, Interpol Wildlife Working Group, Interpol—Environmental Crime, Interpol, last visited Dec. 14, 2005.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] 16 U.S.C. § 3373(d)(1)(2008).
^[11] Convention on International Trade in Endangered Species of Wild Fauna and Flora, Mar. 3, 1973, 27 UST 1087, 993 UNTS 243.
^[12] Id.
^[13] Id.