Volume 10, Number 1
Spring 1996

 

Federal Wildlife Officers AssociationFWOA News Letter - Spring 1996

Association News , Pres. O'Brien Speaks , VP Lucckino's Comments , FWOA Items Available , Reports from the Field , Renegade Update , FWS and AIM Cooperation , Region 6 Cases , International Fishing Case , Lacey/Eagle Act Case , Trumpeter Swan Case , Officer Safety Issue , Awards for Grosz , Training , NAWEOA Conference , Reynolds Retires , Retired Officers Gather , Notes From the Editor

ASSOCIATION NEWS AND NOTES


From President Kevin O'Brien

I'm pleased to inform the membership that our association has received yet another substantial donation from Ted Williams on behalf of the French Foundation. Mr. Williams continues to be a staunch supporter of the FWOA and of our natural resource law enforcement efforts nationwide. Many thanks to the French Foundation for its generous support.

On behalf of the FWOA, I would like to express our thanks and best wishes to retiring Chief John Doggett. His support of and belief in the GS-12 journeyman level most certainly was instrumental in getting this feat accomplished. We thank Chief Doggett for his support, guidance and leadership and wish him peace and happiness in retirement.

On another note: According to a February 28th press release from David Barasch, U.S. Attorney for the middle District of Pennsylvania,  Kelvin Smith has been indicted for making false statements to the FBI and concealing evidence. The charges arise from the ongoing investigation into the terrorist plot to bomb New York City area landmarks. An indictment is not an indication of guilt, only an indication that sufficient evidence exists to warrant a trial on the charge

From Vice President Mike Lucckino

I was looking forward to in-service training at Marana this year to thank all of you for electing me as your vice president. I've enjoyed working on fund raising projects for FWOA for the past eight years. With help from you and from past officers I will do my part to advance the purpose of FWOA, and am looking forward to hearing from you regarding your ideas for the association.

We purchased iron-on embroidered patches in gold and blue last fall, but we haven't committed any funds to purchasing new items for members this year since in-service looks doubtful. I'm presently looking for an artist to help us fashion a second T-shirt design. Our last artist had philosophical conflicts about continuing her association with FWOA. If any of you know an artist who'd like nationwide exposure through the T-shirt medium, please call me. We have time to work on this before the '97 in-service.

Several members have contacted me in the past about other items they'd like FWOA to promote, including desk note pads, greeting cards, wrist watches, belt buckles, cook books, baseball caps, T-shirts, calendars, pocket knives, and bumper stickers. An agent who wishes to remain anonymous suggested a member photo contest, with the best photos being featured on a FWOA calendar. The photos could feature evidence photos from closed cases, strange happenings to equipment used in interesting ways, unusual happenings to members (a burning gas station, a crunched boat etc.), or photos of wildlife. A cook book would contain recipes from our members; a limit of ten recipes per member seems reasonable. If you can help FWOA with any of these ideas or want to see some other items considered, please call me.

We're still giving away a free mug with a three year renewal. If you're a year or two late with your dues, send a check to Ed Spoon for three or four years and you'll get a mug.

Items presently available:
11-ounce gray coffee mug - $5.00
11-ounce tan coffee mug  - $5.00
badge key tags - $2.00
badge pens - $2.50
badge patched - $2.50
FWOA patches - $2.50
There's a $2.50 packaging and postage charge for the first mug; each mug thereafter is an additional $1.00. There are no charges on other items.
If you're in a multi-person office, get together and make one large order, thereby saving on packaging and postage. Please make checks out to the Federal Wildlife Officers Association and send them along with your order to me at 26 N. McDonald #105, Mesa, AZ 85201. My phone number is 602-379-6443. Sorry, no e-mail

FIELD REPORTS


Operation Renegade Update.

Convictions stemming from Operation Renegade, a three year (1989-1991, three continent undercover investigation into illicit trade of exotic psittacines and their eggs conducted by FWS Special operations, has to date resulted in 33 convictions, with four defendants still awaiting trial.

A total of 54 felony and 10 misdemeanor charges were filed against the 33, including CITES violations, Lacey Act violations, conspiracy, smuggling, money laundering, perjury, and the filing of false income tax statements. They have so far resulted in 20 prison sentences totaling just over 28 years, over $310,000 in fines, restitution and forfeitures, and almost 1,000 hours of community service.

The first of three arrests occurred in 1992, when officer's arrested a major parrot smuggler and native New Zealander in Los Angeles. At the same time, other FWS agents and agents in New Zealand and Australia executed dozens of search warrants in three countries and seized hundreds of live birds and large quantities of records.

During the investigation leading up to that take down, officers documented elaborate schemes designed to disguise the native origins of large numbers of parrots which were collectively worth millions of dollars. The laundering arrangement involved smuggling birds out of many African nations where they are protected into other African countries, where they were given false documentation. these countries then exported them to the United States, the world's largest importer of wild caught birds.

The investigation also revealed that rare and valuable native Australian cockatoos were smuggled into New Zealand, falsely documented as captive-bred wildlife, then exported to the U.S. and other countries.

officers continued to follow leads in the evolving case. In the summer of 1994, six more people were charged in Los Angeles with conspiracy to smuggle the eggs of wild cockatoos out of Australia. Over a ten year period, the six were employed as carriers, traveling to Australia each fall to remove cockatoo eggs from nesting sites, then employing specially designed body vests to keep them warm during long flights back to the U.S. More than 400 smuggled eggs, worth over $1,000,000, were then incubated; the hatched birds were hand reared and sold to collectors for between $1,000 and $13,000, depending on the species.

An article in the Los Angeles Times last June provided some revealing details about some of the smuggles and how they operated: "It was in tiny New Paltz, NY, population 5,463, that (principal smuggler William) Regner recruited a group of former high school friends to work for him..."

"Antics of the New Paltz bunch turned out to be almost as colorful as the cockatoo itself, according to trial testimony."

"So many young people from the town wanted to get in on the action that competing smuggling groups eventually formed. Once, New Paltz rivals unexpectedly bumped into one another in the isolated Australian outback."

"Some smugglers, given airline tickets by the ring, found themselves making so many trips Down Under that they decided to use aliases to avoid attracting attention. Some picked the names of friends in New Paltz to use when they applied for bogus passports. That meant that when Tom Fracasse decided to start smuggling, he had to apply for a passport under an assumed name because his name was being used by another smuggler..."

"Smugglers hid eggs beneath sweat shirts in vests made of tanks tops and strips of Ace bandages sewn to form grid-like pockets. Body heat kept the eggs at a proper temperature during the day; hair dryers warmed them at night while everybody slept.......

"Thieves carried hand-drawn maps and photographs of trees containing cockatoo nests discovered on previous trips. If they didn't have maps, they tapped on tree trunks with sticks to flush adult cockatoos and locate hollow nesting sites...."

The investigation was a major, joint effort by officers from Regions 1, 4, and 5 and law enforcement officials in Australia and New Zealand. Several persons have also been convicted on related charges in those two countries.

Reported by  Robert Jarmuz

FWS and Native Americans Cooperate on Illegal Trading Conviction

Last year, members of the Native American community in Nashville, Tennessee, apprised FWS agents that Joe Angel Molano (aka Charles Thunderhawk, aka Sam Lone Wolf) was illegally trading in eagle feathers while masquerading as a Native American. The subsequent investigation led to charges against Molano for trading protected wildlife parts and products and his conviction on those charges in federal court last August. Molano was sentenced to 45 days in a federal penitentiary and a year's supervised probation, and fined $500 to reimburse the government for costs incurred during the investigation. Following the investigation, American Indian Movement (AIM) national field director Dennis Banks met with FWS officials to discuss the drafting of a resolution urging all tribal councils to cooperate with FWS law enforcement personnel in fighting illegal trafficking in wildlife. In a press release issued after the conviction, AIM had this to say: "The sentencing brings a halt to a career based on intimidation, violence, lies and disrespect for Indian Peoples and Native Spirituality. Court proceedings brought to light more than 20 aliases, nine felony arrests, and eight different Social Security numbers in the last ten years. Molano's con game was uncovered and denounced by AIM shortly after the Sundance at Pipestone in 1994. Up to then, Molano had been conducting ceremonies and sweats for money. 'This is an important step in the fight to stop the desecration of our ceremonies, sacred items and Indian Peoples", stated Dennis Banks. 'This will send a message to other phony "Medicine Men and women", Indian and non-Indian, that we will no longer tolerate the disrespect and desecration that has occurred in the past ten years.'"

FWS and National Marine Fisheries also announced a new joint management policy last fall which is designed to enhance the role of tribal governments in every aspect of the endangered species program, from provision of information on which species should be protected to more active management of recovering species on or near tribal lands.

Reported by  Mike Elkins


Three Region 6Cases

Bob Prieskat successfully investigated a case in which a Wyoming sheep rancher was convicted in a jury trial on four counts of violation of the Eagle Act. The defendant, Juan Maya, had been shooting, poisoning and trapping eagles. The eagles caught in leg hold traps were either killed by Maya or released after he took an irrigation shovel and chopped their feet off. The judge ruled that the second, third and fourth count convictions were second and subsequent convictions and therefore felony convictions under the Eagle Act. The judge sentenced him to 15 months in prison and ordered him to pay a $16,000 fine. Great job, Bob.

Officers Eicher and Suazo investigated a case in which Chad McKittrick shot and killed a wolf near Red Lodge, Montana. The wolf was part of the reintroduction program to reestablish a population of wolves in Yellowstone National Park. McKittrick was found guilty of violating the Endangered Species Act in a lengthy jury trial. On February 26th, McKittrick was sentenced to three months in jail and three months in a half-way house, followed by a year's probation; ordered to pay $10, 000 in restitution; and forfeited his hunting and fishing privileges. Eicher and Suazo received a special commendation from Director Beattie for their work.

Officer Brown investigated a case involving the killing of a large trophy bull elk in Yellowstone National Park and the cutting and removal of its antlers. Chad Bues of Salt Lake City plead guilty to a misdemeanor count of killing the elk in the park, a misdemeanor Lacey Act count of transportation of the illegally taken antlers, and a felony count of attempting to influence the testimony of a grand jury witness in order to cover up his involvement in the elk killings. On April 3rd, Bues was sentenced to eight months in jail, fined $20,000, ordered to pay an additional $10, 000 restitution to the park to be used for anti-poaching efforts, and forfeited his Sako high-powered rifle.

Region 6 participated in a major wildlife check station operation along I-80 just east of North Platte, Nebraska, last October. The check station was operated 24 hours per day for three days. The purpose was to intercept wildlife that had been illegally taken, primarily in Western states, and was being transported back to Eastern states. Participants included FWS, Nebraska Game and Parks Commission, conservation agencies from fourteen other states, INS, the U.S. Marshals Service, and local authorities. Approximately 2,500 sportsmen were contacted, and over 170 wildlife violations were discovered. To date 66 wildlife related charges have been filed, netting about $30,000 in fines. A total of 87 illegally taken or possessed animals or their parts were seized, including elk, deer, antelope and migratory birds. In addition, a total of 107 non-wildlife related violations were also detected, including the apprehension of 75 illegal aliens and 17 drug related cases.

Region 6 LE received $750,000 in 1995 to conduct investigations of migratory bird mortalities resulting from exposure to contaminants. These investigations looked at the cyanide heap-leach gold mines that have killed numerous birds which land and drink from open cyanide solution ponds; wool growers who intentionally poison eagles, hawks and other migratory birds through misuse of toxic chemicals; the agriculture industry, which misapplies pesticides, herbicides, and nematicides; and the copper mines, trona mines, the power industry and related businesses which have exposed toxic liquid holding areas. The investment yielded $4.7 million in fines.

Reported by  Gary Mowad


Illegal Fishing Case Closure

A six month long joint investigation into illegal commercial fishing in Ohio waters of Lake Erie was recently settled by FWS in cooperation with the Coast guard and Ohio Division of Wildlife(DOW). Ten Canadian fishing boat captains admitted to illegally fishing in U.S. waters and agreed to pay civil penalties of up to $1,000 each. Through a special arrangement with Ohio DOW, the entire settlement of $7,650 will be donated to the Ohio Wildlife Habitat Trust Fund.

The Canadian fishermen had been suspected of fishing in U.S. waters on an annual basis for some time. Equipped with extensive navigation equipment and the ability to operate in extremely rough conditions, these seaworthy vessels would typically withdraw into Canadian waters when U.S. officials were spotted. The size of the lake, inclement fall and winter weather, and budgetary constraints aggravated the problem of apprehending them.

A breakthrough occurred last year when Detroit based Coast Guard helicopter crews documented Canadian fishing vessels in U. S. waters while flying routine aerial reconnaissance of the international boundary of Lake Erie. The gillnetting and trawling operations conducted by Canadian fishermen, both specifically prohibited by state law, were taking highly valued game fish, such as walleye(pickerel) and yellow perch.

Reported by  Dan LeClair.


Lacey/Eagle Act Conviction

Peg Bargon, 39, of Monticello, Illinois, plead guilty in federal court last summer to four misdemeanor violations of the Lacey Act and Bald Eagle Protection Acts. As part of the plea agreement, the government agreed to dismiss two additional counts that alleged another violation of the Eagle Act and an MBTA violation.

Bargon was found to be commercially promoting and selling craft items known as dreamcatchers, using migratory bird feathers in some of them. She admitted that she had knowingly dealt in the feathers. Two of the owners of the store where the dreamcatchers were sold told agents that they had been advised that it was illegal to possess or sell migratory bird feathers, and had discussed this with Bargon. The items nonetheless were still marketed.

Bargon's presentation of a dreamcatcher which included feathers from a bald eagle, goshawk, barred owl, and a snowy owl to Mrs. Clinton during the latter's appearance at the University of Illinois in 1994 resulted in heightened media interest in the case. Clinton turned over the dreamcatcher to FWS when she was initially contacted.

U.S. Attorney Frances Hulin had this to say about the case: "This case represents the resolve of this office to continue to enforce and uphold the purpose and intent of national wildlife preservation laws - to preserve and protect wildlife from commercial exploitation. The wildlife preservation laws were enacted in response to the widening commercial use of animal and bird parts - with resulting damage and endangerment to native species - during the early part of this century ...It is not the intent of this office to prosecute the casual possessor of a feather found in a natural setting, or individuals who innocently acquire objects containing such feathers. However, federal law enforcement officials have an obligation, which was exercised in this case, to prevent the willful misuse of protected animal and bird parts when they are used for commercial gain."

Reported by  Tim Santel.


Trumpeter Swan Conviction

Rollin Rohman, 63, Dr. James Fleming, 42, and John Cambruzzi, 37, pled not guilty to shooting three trumpeter swans in federal district court in Urbana, Illinois, last year. They received fines and penalties totaling nearly $4,000 for criminal violations of MBTA. Most of the money will go into a trumpeter swam recovery program.

The three men had wounded the three young swans, or cygnets, while waterfowl hunting on Lake Decatur in Illinois. All three were born in the wild and had been banded by Wisconsin DNR as part of an endangered species recovery program. The wounded swans were later captured and taken to a center for treatment. Only one survived.

Rohman and Cambruzzi were also placed on a year's supervised probation,during which they are prohibited from hunting anywhere in the U.S. for a six month period.

Reported by  Tim Santel


SUNDRY MATTERS

Officer Safety

Mike Lucckino has sent along the following, which was provided to him by an ATF agent:

"ATF has learned that the Haines Cross Directory, which is available to the general public, is changing the way it collects information for the directory. Haines will now use information from property records. If you own or are buying a home, your address along with your home phone number, regardless of whether it is non-published or not, will be listed. Haines is one of the largest publishers of directories and sells its information to other directory publishers. Haines corporate offices were contacted and provided the following information for law enforcement use:

Send a written request to Haines asking that your name, address and telephone number be deleted from their directory because you are employed by a law enforcement agency. You must provide your name, address and telephone number and a call back number (law enforcement agency). Mail this request to Haines & Company, 8050 Freedom Avenue, NW, North Canton, OH 44720, Attn: Pat Garner, Director, Data Processing."

Awards

Gary Mowad, Region 6 representative has sent along the following note:

In March, Terry Grosz received two major awards for his achievements in wildlife conservation. On March 1st, he was presented with the Department of Interior's Meritorious Service Award in recognition of his exceptional contributions in the fields of fish and wildlife conservation and law enforcement. Region 6 RD Ralph Morganwick made the presentation during a special ceremony held before the entire regional office staff. Terry's wife and family were also present.

Terry then boarded a plane for West Palm Beach, Florida, where he was presented with the National Wildlife Federation's 1995 Conservation Achievement Award in the law enforcement category. The accompanying plaque read "for extraordinary contribution to conservation of wildlife and natural resources...by the people and for the people."

Congratulations, Terry, for these well-deserved awards. You continue to represent the division well, and still serve as an inspiration to us all.

Training

The USFWS National Education and Training Center is offering a course on environmental investigations which will be held at the University of Reno in Nevada between August 14th and 18th. The course is designed primarily for environmental contaminants specialists and officers whose responsibilities include legal and biological investigations of environmental contaminant cases. There's no tuition for FWS and NBS employees. Applications must be received by May 1st. Contact Linda Lyon for further information; her phone number is 703-358-2148, her e-mail is Linda_Lyon@mail.fws.gov.

NAWEOA Conference

The 1996 conference of the North American Wildlife Officers' Association, entitled "Above and Beyond", will be held in Saskatoon, Saskatchewan, from July 17th to the 21st. Highlights will include:

ö conservation law enforcement seminars;
ö warden games competition, hosted by Red Green, a comedian and television personality;
ö a golf tournament;
ö a sporting clay challenge;
ö family programs;
ö a traditional Saskatchewan "fowl supper."

If you register before June 1st, the basic fees are as follows: $100 for officer delegates, $120 for civilian delegates(including associate NAWEOA members); $65 for spouse/guests; $25 for children under 12. Events range in cost from $25 to $40.

For conference information, contact any of FWOA's national officers or Kerry Wrishko at 306-628-3100(work) or 306-628-3900(home). According to the registration form, you can also register by phone by calling 306-386-2212 between 8:30a.m. and 5:00p.m. weekdays (local time). Be prepared to offer credit card information.

Retirement

Bill Reynolds (Houston , Texas) retired on January 3rd following 22 years of federal service. Bill began his career with the Service as an officer in Nashville, Tennessee before transferring to Devil's Lake, North Dakota, then to Houston.

Gathering

The Southeast Law Enforcement Retirees will hold their annual meeting from April 17th to the 19th in Asheville, NC. FWOA President Kevin O'Brien has accepted an invitation to speak at the gathering.

FROM THE EDITOR

As can be seen, there were a fair number of responses to the appeal in the last issue for more submissions to the newsletter. Many thanks to those of you who took time to mail in press releases, clippings, and incident reports. It's not necessary to send in a finished article; I'm more than happy to extract relevant info from raw material. Take a moment now to send along a report on cases you've made - or any other matter that's relevant to this association and to its member agents and supporters.

The deadline for the summer addition of the FWOA newsletter is June 30, 1996. Please have your submissions in by that date.

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