Abstract
Most of you are aware that 1980 saw more activity regarding the investigation, prosecution, and conviction of those involved in illegal activities with birds than in, perhaps, all of our years of history combined. The credit for this goes directly to a small group of prosecutors in the U.S. Dept. of Justice headed by their Chief, Mr. Kenneth Berlin. It is known as the Wildlife Section of the Land and Natural Resources Division.
The Wildlife Section was formed in October, 1979 at the urging of former President, Jimmy Carter. We in AF A welcomed it enthusiastically since it represented another hope that perhaps the government might finally begin to take bird smuggling seriously. Ken Berlin and his group have far exceeded any expectations we might have had. Their dedication and hard work resulted in approximately 35 prosecutions and over 100 importrelated forfeiture actions. They also have miraculously overcome the impossible obstacles created by a bureaucracy that keeps the various government agencies of USDA, the U.S. Fish and Wildlife Service, and the U.S. Customs Service from working effectively with each other to successfully investigate and prosecute bird cases.
The need for interagency cooperation led to the formation of the Wildlife Law Enforcement Coordinating Committee which has developed guidelines for interagency enforcement efforts and established a Texas Task Force to help stem the heavy illegal traffic along the many miles of the Texas-Mexico border. Similar task
forces are to be set up in other parts of the country this coming year.
Every aviculturist in this nation owes Ken and his group a real debt of gratitude. We are finally getting some protection for the tax dollars we pay out. But we can give the Wildlife Section something very important as well: OUR COOPERATION. Below is a summary of the major prosecutions from October, 1979 to November, 1980 (Birds Only). Several of these were successful because of help from AF A members who called in information on illegal activities they were aware of, or suspicions they had, or information they had. These calls were sometimes anonymous, sometimes not. Many AF A people allowed themselves to be interviewed at great length by Fish and Wildlife Agents or Customs Agents as part of the effort to slow down the traffic in illegal birds. If we have one less case of Exotic Newcastle or one less case of Pacheco's or Avian pox this year because of their efforts, it was all worth it.
To you people who called in tips on smuggling or aided in the investigations, I say thank you. Thank you so much. You may have saved the aviaries of many of us, not to mention your own. And to everyone else, I urge you to report any information you may have about smuggling or other illegal activities with birds to your local Customs Office, Fish and Wildlife Office, or, if you prefer, to me directly. I will see to it that your information gets to the right people and fast. My number is (301) 774-0303. You need not identify yourself. You may request your name be withheld,
if you wish. The important thing is to stop the smuggler. He continues to bring us disease that results in untold grief as we have recently seen once again this past summer and fall. The smuggler that indirectly caused the infection of Pet Farm and caused the loss of 30,000 birds in over 500 locations in 45 states probably is not on the list below. Let's make sure he/she is there next year at this time!
The following is a summary of the major prosecutions of the past year up to November 1, 1980. It is taken from a report of the U.S. Department of Justice, Land and Natural Resources Division Journal. It does not include the results of certain recent important indictments of which you may be aware. We hope to report these when they come to trial. In accordance with the AF A Code of Ethics, as printed in each issue of the W ATCHBIRD magazine since April 2, 1977, it has been the policy of AF A to disqualify or expel from advertising or membership any applicant who has been convicted of violation of any State or Federal law concerning the importation, interstate shipment, possession, or inhuman treatment of any avian species.
SUMMARY OF PROSECUTIONS:
United States v. Nieto-Tapia, (S.D.
Cal.). On April 23, 1980 this individual and one other person were indicted for smuggling 50 macaws from Mexico into Southern California. On July 21, 1980, Nieto-Tapia was sentenced to serve three months of a two-year term followed by three years' probation.
United States v. Gutierrez, (W. D. Tex.).
On January 4, 1980, Adolf Gutierrez was arrested for the smuggling of 150 birds. The birds involved: double yellow headed, red headed, and yellow-cheeked parrots worth approximately $75,000. As a result two people were indicted. In late February, Gutierrez pied guilty to conspiracy, 18 U.S. C. 371.
He has also agreed to abandon any claims to the smuggled birds involved in the case.
United States v. Lopez, (S.D. Tex.). A major bird smuggling investigation in Texas concluded with the sentencing often individuals. Otoniel Lopez and Orville Passmore, two principals in the case, smuggled five hundred parrots on at least eight occasions. The birds were brought up from the interior of Mexico and smuggled across the Rio Grande into Texas on an inner tube. Lopez received a five year sentence; Passmore received a three year sentence and $4000 fine. Nine vehicles were seized in the course of this case.
United States v. Global Zoological Imports, LaBlue, Dorfman, Colombo, and Brown, (C.D. Cal.). These individuals and several foreign wildlife dealers were indicted in a four-count indictment charging conspiracy to submit false documentation in violation of 18 U.S.C. § 542, a conspiracy to import endangered species in violation of 16 U.S.C. § 1538(a), and the underlying substantive offenses. The case involves a large commercial shipment of birds purchased in Singapore and India and then transshipped through the Philippines with allegedly false documents. At the end of a two-week trial, the jury found LaBlue guilty on all counts, but dismissed the case against Dorfman, Colombo, and Brown. LaBlue received four six month sentences, three of which are concurrent, and one consecutive.
United States v. Global Zoological Imports, LaBlue, Ashway, et al., (C.D. Cal.). LaBlue, several individuals, and two corporations were indicted in November 1979 for numerous wildlife and customs violations. The indictment charged conspiracy to import several hundred birds into the United States through the filing of false documentation with the Customs Service, importation of endangered species, theft of birds from LaBlue's quarantine station, receipt by LaBlue of stolen birds that he knew were infected with Exotic Newcastle Disease, and obstruction of justice. On January 28, 1980, the jury convicted each of the defendants who went to trial. LaBlue and Global Zoological Imports, the principal defendants, were convicted on all nine counts, eight of which were felonies. On February 11, 1980, LaBlue was sentenced to an 18-month jail term, an additional 3 Yi years' suspended sentence, and was enjoined from trading in wildlife for five years. Defendant Ash way received a threeyear sentence - 40 days of consecutive weekends to be served in jail and the remainder of the time suspended. Carr received a two-year sentence - 20 days of consecutive weekends in jail and the remainder suspended. The court ordered both Carr and Ashway to devote 1500 hours to public service approved by their probation officers. The case was a signficant one. It led to discovery of serious flaws in the United States quarantine program and was the first to involve thefts of diseased birds from quarantine.