Sixth Defendant Pleads Guilty to Sea Turtle Smuggling

The Justice Department recently announced that Esteban Lopez Estrada, the Mexican national charged with smuggling and money laundering in connection with the smuggling of sea turtle and other exotic skins and skin products into the United States from Mexico pled guilty to those charges in U.S. District Court in Denver.^[1] Lopez Estrada and six other individuals were arrested on Sept. 6, 2007 in connection with the operation. This prosecution is the result of an investigation carried out by the U.S. Fish and Wildlife Service Branch of Special Operations.^[2]

The two indictments issued against Lopez Estrada related to the smuggling of sea turtles and other exotic leathers and exotic leather products into the United States from Mexico. As set forth in the indictments, the items smuggled included sea turtle, ostrich and lizard skins; and manufactured boots and belts from the skins.^[3] Once brought into the United States the skins, boots, and belts were sold to customers nationwide. Lopez Estrada arranged with customers in the U.S. to buy the exotic leather products.^[4] Once these arrangements were in place, Lopez Estrada provided his co-defendants, Caraveo and Cueva, with the leather skins and products for importation to the United States from Mexico.^[5] He then received wire transfers from Colorado to his bank account in Mexico as payment for the exotic skins and products.^[6] Lopez Estrada’s sentencing hearing is set for April 30, 2008 at 2:30 MST.^[7]

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).^[8] The punishment for violating this statute is a fine of up to US$20,000, imprisonment for up to 5 years, or both.^[9]

The international trade of sea turtle parts is banned by the Convention on International Trade in Endangered Species of Fauna and Flora, also known as the CITES treaty. The multilateral treaty has been ratified by approximately 170 countries including the United States. CITES also curbs international trade in the parts of other species of wildlife which are thought to be in danger of extinction, or those that are affected by international trade. As noted above, U.S. domestic law requires that wildlife brought into the U.S. be marked and declared to customs or wildlife officials upon entry, and bars the commercial trade of endangered species.^[10]

In previous posts, federal criminal defense lawyer Douglas McNabb has discussed, this case in particular here; as well as charges of wildlife trafficking, in cases involving leopard sharks and Honduran lobsters.

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[1] PRNewswire-USNewswire, Sixth Defendant Pleads Guilty in Connection with Illegal Sea Turtle Shell Smuggling, Feb. 8, 2008 (available at http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/02-08-2008/0004752615&EDATE=.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] 16 U.S.C. § 3372(a)(2)(A) (2008).
[9]16 U.S.C. § 3373(d)(1) (2008).
[10] PRNewswire-USNewswire, Sixth Defendant Pleads Guilty in Connection with Illegal Sea Turtle Shell Smuggling, Feb. 8, 2008 (available at http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/02-08-2008/0004752615&EDATE=.