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Hunter charged with federal crimes for allegedly leading illegal elephant hunts
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DEFENDANT: Hanno Van Rensburg
YOB: 1974
COMPLAINT
FILED?
______ Yes ___X____ No
If Yes, MAGISTRATE CASE NUMBER_____________
HAS DEFENDANT BEEN ARRESTED ON COMPLAINT? ________ Yes _____X__ No
If No, a new warrant is required
OFFENSE(S): COUNTS ONE - THREE: Wire Fraud (18 U.S.C. §§ 1343, 2)
COUNT FOUR: Conspiracy, (18 U.S.C. § 1349)
COUNT FIVE: Lacey Act Violation (16 U.S.C. §§ 3372(a)(2)(A) and
3373(d)(1)(B)
COUNT SIX: Attempted Lacey Action Violation (16 U.S.C. §§
3372(a)(2)(A); 3372(a)(4); 3372(d)(1)(B))
COUNT SEVEN: Endangered Species Act Violation (16 U.S.C. §§
1538(a)(1)(G) and 1540(b)(1); 50 C.F.R, §§ 17.11, 17.21(e), 17.31(a), and
17.40(e)(6)(ii); 18 U.S.C § 2)
LOCATION OF
OFFENSE:
Mesa County, Colorado and elsewhere
PENALTY: COUNTS ONE-FOUR: NMT 20 years’ imprisonment; NMT fine greater
than or equal to 2X the loss, or $250,000, whichever is greater (or both a
fine and imprisonment); NMT 3 years’ supervised release; $100 Special
Assessment, Restitution.
COUNTS FIVE-SIX: NMT 5 years’ imprisonment; NMT fine greater than
or equal to 2X the loss, or $250,000, whichever is greater (or both a fine
and imprisonment); NMT 3 years’ supervised release; $100 Special
Assessment; Restitution.
COUNT SEVEN: NMT 6 months’ imprisonment, NMT $25,000 fine, or
both, $10 Special Assessment
AGENT: FWS-OLE Special Agent Anne-Marie Sharkey
AUTHORIZED
BY:
Bryan David Fields
Assistant U.S. Attorney
Case 1:18-cr-00238-PAB Document 1-1 Filed 05/17/18 USDC Colorado Page 1 of 2
2
ESTIMATED TIME OF TRIAL:
X five days or less____ over five days ____ other
THE GOVERNMENT
will seek detention in this case based on 18 U.S.C. § 3142(f)(1)
__X____ will not seek detention
The statutory presumption of detention is applicable to this defendant.
OCDETF CASE: Yes X No


Kathi

kathi@wildtravel.net
708-425-3552

"The world is a book, and those who do not travel read only one page."
 
Posts: 9538 | Location: Chicago | Registered: 23 July 2003Reply With Quote
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quote:
Originally posted by Kathi:
https://patch.com/colorado/den...rge-man-who-led-hunt



In February of 2016, Van Rensburg allegedly paid for a booth for Authentic African Adventures at a convention in Las Vegas, where he advertised excursions that could hunt and kill large bull elephants.

Over the course of the next few months, Van Rensburg allegedly attempted to pitch an undercover agent a $50,000 guided hunt in the same location outside Gonarezhou National Park. He told the agent he could obtain tags to hunt inside the park via bribery and openly "described in detail his previous illegal hunt in Gonarezhou National Park," the court documents said.

Describing the hunt with the Colorado man, Van Rensburg told the undercover agent his team shot one elephant at night, which he admitted was "not allowed." The animal escaped, and Van Rensburg said part of the bribe money had to go to local officials to allow the team to continue to hunt because "if an animal was wounded it was considered 'hunted' and that you have to pay for it even if you don't find it." The team also shot and killed a smaller elephant, which was deemed too small. The larger elephant, shot in the park, was wounded and then tracked for 10 miles, the indictment said.

Van Rensburg told these facts to the undercover agents to explain that even if a hunting party had not killed a significant elephant, local officials could always be bribed to let them keep hunting, the indictment said.

"[I]f they need another tag, they get another tag. You know, that's the negative part of it. The system is so corrupt. If they need to get it, they will get it. If the client pays the money they will find another tag. I am straight forward with you. Corruption is the rule in Africa." Van Rensburg allegedly advised the undercover agent to bring an extra $9,000 in "extras" for potential bribe money that "we can use in camp to make things straight if we need to," the charges allege.


Sooooo...... We can safely assume Mr Van Rensburg isn't exactly the sharpest tool in the box then? Bwahahahahaha!






 
Posts: 12415 | Registered: 01 July 2002Reply With Quote
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Steve, my friend, I have to disagree with you. You were far too polite. He is a god damn idiot of biblical proportions.

How stupid can he be? He deserves whatever he gets.

The name of the operator is being kept quiet by National Parks. I got this from a highly placed source.
 
Posts: 12134 | Location: Orlando, FL | Registered: 26 January 2006Reply With Quote
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quote:
Originally posted by larryshores:
Steve, my friend, I have to disagree with you. You were far too polite. He is a god damn idiot of biblical proportions.

How stupid can he be? He deserves whatever he gets.

The name of the operator is being kept quiet by National Parks. I got this from a highly placed source.


Mate, I can't disagree. He must fall into the fidiot category. jumping






 
Posts: 12415 | Registered: 01 July 2002Reply With Quote
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Pretty obvious that the CO dude cut a deal early on, then threw his SA PH under the bus. Both are shitbags, with the American being just as guilty as his outfitter.


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To quote a former AND CURRENT Trumpiteer - DUMP TRUMP
 
Posts: 13623 | Location: Georgia | Registered: 28 October 2006Reply With Quote
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Kathi sent me some documents. Nixon is NOT the operator.

I have to believe it is Andy Hunter.
 
Posts: 12134 | Location: Orlando, FL | Registered: 26 January 2006Reply With Quote
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Well, at least it isn’t MP.


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Posts: 13623 | Location: Georgia | Registered: 28 October 2006Reply With Quote
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First, some of you are complaining about Trump calling Elephant hunting a "Horror Show" and against allowing Elephant imports. Reading the document, I can see why he is against it. This guy set back Elephant imports 5 years.

Second, IMO opinion this guy is toast, if makes it back to the USA. When the Feds send the case to the Grand Jury, they have you and it's next to impossible to beat the government, unless you are a Multi-Millionaire, because you are going to spend lots of money, for the majority of folks it's their lives savings, their children life savings and their grandchildren life savants too.

The USA hunter made its deal to accept responsibility and I am sure to testify against the others in exchange for downward departure points for a lessor sentence.

And yes this hunt is a Horror Show.
 
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It really makes one wonder how these idiots brains work.

Or, even if they do have any.


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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Larry Shores - please get your facts straight before associating my good name and reputation with illegal activity . I expect a full and immediate apology from you.

If you want to name and shame people -fine and good but do your homework first !

Thank you Andy Hunter
 
Posts: 81 | Location: Zimbabwe | Registered: 26 January 2006Reply With Quote
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quote:
Originally posted by Muvhimi:
Larry Shores - please get your facts straight before associating my good name and reputation with illegal activity . I expect a full and immediate apology from you.

If you want to name and shame people -fine and good but do your homework first !

Thank you Andy Hunter



I have no idea who you are, might be nice to tell us.

I have heard some unfavorably reports from Zimbabwe which are not very complimentary about a number of professional hunters, including Nixon.

I have no idea what is true and what is not, but I suspect ultimately the truth will come out.

These reports include claims that some elephants are killed inside the park.

And helicopters are being used to locate big elephants for clients.

These reports apply to a number of shameful professional hunters in Zimbabwe.

The days when Zimbabwe had only reputable professional hunters have gone.

There are many professional hunters in Zimbabwe who are beyond reproach - you never hear any rumors about them either!


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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From my personal knowledge of Andy Hunter, he is a wholly ethical PH who has been in the game for many years and has a very clean reputation in Zimbabwe and elsewhere. I'll leave the rest of the intros to him.

quote:
Originally posted by Saeed:
quote:
Originally posted by Muvhimi:
Larry Shores - please get your facts straight before associating my good name and reputation with illegal activity . I expect a full and immediate apology from you.

If you want to name and shame people -fine and good but do your homework first !

Thank you Andy Hunter



I have no idea who you are, might be nice to tell us.

I have heard some unfavorably reports from Zimbabwe which are not very complimentary about a number of professional hunters, including Nixon.

I have no idea what is true and what is not, but I suspect ultimately the truth will come out.

These reports include claims that some elephants are killed inside the park.

And helicopters are being used to locate big elephants for clients.

These reports apply to a number of shameful professional hunters in Zimbabwe.

The days when Zimbabwe had only reputable professional hunters have gone.

There are many professional hunters in Zimbabwe who are beyond reproach - you never hear any rumors about them either!
 
Posts: 408 | Location: Zimbabwe | Registered: 01 December 2010Reply With Quote
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quote:
Originally posted by ijl:
From my personal knowledge of Andy Hunter, he is a wholly ethical PH who has been in the game for many years and has a very clean reputation in Zimbabwe and elsewhere. I'll leave the rest of the intros to him.

quote:
Originally posted by Saeed:
quote:
Originally posted by Muvhimi:
Larry Shores - please get your facts straight before associating my good name and reputation with illegal activity . I expect a full and immediate apology from you.

If you want to name and shame people -fine and good but do your homework first !

Thank you Andy Hunter



I have no idea who you are, might be nice to tell us.

I have heard some unfavorably reports from Zimbabwe which are not very complimentary about a number of professional hunters, including Nixon.

I have no idea what is true and what is not, but I suspect ultimately the truth will come out.

These reports include claims that some elephants are killed inside the park.

And helicopters are being used to locate big elephants for clients.

These reports apply to a number of shameful professional hunters in Zimbabwe.

The days when Zimbabwe had only reputable professional hunters have gone.

There are many professional hunters in Zimbabwe who are beyond reproach - you never hear any rumors about them either!


Thank you.

I somehow thought he was trying to defend Nixon.


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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I obtained documents yesterday related to the case. Included on the documents was Ross Jackson's plea agreement as well as some other documents. Paragraph 24 of the plea agree is as follows:

24. A.H. was a resident and a citizen of the Republic of Zimbabwe("Zimbabwe"). A.H. was a professional hunter who owned and operated a Zimbabwe-based outfitting company, the identity of which is known to the United States Attorney, through which A.H. provided hunting -related services, including guided hunts, dipping and packing, and the facilitation of export permits.


This is where the information came from. This is why I said that I believed it to be Andy Hunter given the initials and the description.

I was quite surprised myself as have never heard a single bad word about Andy. If I am wrong, I apologize.

I thought all along that it had to be either Nixon or Lloyd Yeatman. Cowtrader posted previously that it was Nixon. He also posted the name of the PH from the RSA which was clearly wrong.

Once again, the information came straight from the plea agreement. If my interpretation was wrong, I apologize.
 
Posts: 12134 | Location: Orlando, FL | Registered: 26 January 2006Reply With Quote
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There are at least 2 others with those initials in ZPGHA.
 
Posts: 7829 | Registered: 31 January 2005Reply With Quote
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Larry

Yes but the damage is done already- I really wish you had contacted me first instead of jumping the gun . That’s just not right !
 
Posts: 81 | Location: Zimbabwe | Registered: 26 January 2006Reply With Quote
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I don’t think any damage is done, as it was mentioned you are a man of good reputation.

It might a good idea to know who the other A.H. who WAS involved in this venture.


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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I would bet my last dollar that Andy Hunter is not involved in any way!
 
Posts: 1128 | Location: Zimbabwe | Registered: 22 June 2009Reply With Quote
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quote:
Originally posted by Buzz Charlton:
I would bet my last dollar that Andy Hunter is not involved in any way!


I also second that. Andy Hunter is a stand up guy and would not be involved in any such shenanigans. It's very easy to shoot from the hip on the Internet! But such loose words can damage a man's reputation for no reason! Like I was accused here for selling illegal hunts in Cameroon by a blow hard who knew everything because he had booked his first safari there, A%&*^*^&le.



Arjun Reddy
www.huntersnetworks.com
30 Ivy Hill Road
Brewster, NY 10509
Tel: +1 845 259 3628
DSC booth # 1222 (January 4th to 7th)
SCI booth # 5297 (January 31st to February 3rd)
 
Posts: 2585 | Location: New York, USA | Registered: 13 March 2005Reply With Quote
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While I can now see why the US AG’s office stepped in, I still would rather see the crime prosecuted in Africa.

This is shameful behavior on the part of hunters when this kind of garbage happens.
 
Posts: 11213 | Location: Minnesota USA | Registered: 15 June 2007Reply With Quote
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To stop this guessing game - The AH referred to here is obviously myself. But only through the pack & dip side which we were contracted to handle by the US Agent.

I had nothing to do with the hunt, Im not the Operator nor do I know either the client or the SA PH mentioned here apart from through this case. I had no knowledge of what happened on the ground with this hunt.

US Fish & Wildlife did make me aware of the problem in Jan 2017 and all work on the export side was immdeiately halted pending the outcome which is now aparant.I have been cleared of any wrongdoing or participation in this.

The trophies have not been exported and are being returned to Zimbabwe National Parks at this time.

If anyone has any questions on this - please kindly contact me before speculating or throwing out statements that are inaccurate and potentially damaging.

Thank you for your support.

Andy Hunter
 
Posts: 81 | Location: Zimbabwe | Registered: 26 January 2006Reply With Quote
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quote:
Originally posted by Muvhimi:
To stop this guessing game - The AH referred to here is obviously myself. But only through the pack & dip side which we were contracted to handle by the US Agent.

I had nothing to do with the hunt, Im not the Operator nor do I know either the client or the SA PH mentioned here apart from through this case. I had no knowledge of what happened on the ground with this hunt.

US Fish & Wildlife did make me aware of the problem in Jan 2017 and all work on the export side was immdeiately halted pending the outcome which is now aparant.I have been cleared of any wrongdoing or participation in this.

The trophies have not been exported and are being returned to Zimbabwe National Parks at this time.

If anyone has any questions on this - please kindly contact me before speculating or throwing out statements that are inaccurate and potentially damaging.

Thank you for your support.

Andy Hunter


Great news. But as to you have no knowledge as to what happened on the ground, that is bull. Those tusks didn't just mysteriously pitch up at your shop.

Jeff
 
Posts: 2857 | Location: FL | Registered: 18 September 2007Reply With Quote
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quote:
Originally posted by Bwana Bunduki:
quote:
Originally posted by Muvhimi:
To stop this guessing game - The AH referred to here is obviously myself. But only through the pack & dip side which we were contracted to handle by the US Agent.

I had nothing to do with the hunt, Im not the Operator nor do I know either the client or the SA PH mentioned here apart from through this case. I had no knowledge of what happened on the ground with this hunt.

US Fish & Wildlife did make me aware of the problem in Jan 2017 and all work on the export side was immdeiately halted pending the outcome which is now aparant.I have been cleared of any wrongdoing or participation in this.

The trophies have not been exported and are being returned to Zimbabwe National Parks at this time.

If anyone has any questions on this - please kindly contact me before speculating or throwing out statements that are inaccurate and potentially damaging.

Thank you for your support.

Andy Hunter


Great news. But as to you have no knowledge as to what happened on the ground, that is bull. Those tusks didn't just mysteriously pitch up at your shop.

Jeff



He might be right Jeff.

I am not sure about the system in Zimbabwe, but, if he was handed the tusks with the proper paperwork, he could not know otherwise.

And as he mentions that the tusks have been returned to Zim Parks, everything at his end could have been done without any knowledge that they were gotten in a illegal way.


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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quote:
Originally posted by shakari:
Larry,

The Lacey Act is a really poisonous piece of legislation & can be be applied to anyone, anywhere for breaking any game law anywhere in the world no matter what passport they hold....... Whether they can be deported to the US is a different matter but this case proves the US is willing to try.


I agree with the above statement..

but..

I am pretty sure Lacey only applies to US flora and fauna..

They can go after a foreign national and ask for that person to be extradited..

But I dont think they can apply Lacey to an Elephant..



I was going to go read the Endangered Species Act today (what they used to go after the US hunter) and see if there is a provision in there that they might use against the PH..
 
Posts: 65 | Location: DFW | Registered: 01 August 2017Reply With Quote
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Jeff
Having dealt with Andy in the past on trophy shipments he would have no knowledge of what took place in the field . He receives paper work and trophies and ensures they handled complying with all required regulations . very honest hard working man.
thx
chris
 
Posts: 172 | Location: Vero Beach Florida | Registered: 23 March 2006Reply With Quote
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quote:
Originally posted by mdwest:


but..

I am pretty sure Lacey only applies to US flora and fauna..


But I dont think they can apply Lacey to an Elephant..







You're grossly mistaken on this one sir. They'll use it where and when they desire, and stretch it far and wide beyond its original intent.
 
Posts: 8534 | Registered: 09 January 2011Reply With Quote
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In the plea agreement they mentioned SSG!

That is Nixon’s company.

I have heard of Zimbabwe PHs hunting in the park, so does this confirm who has been doing it??

If this is the case, it is no longer a rumor!

This is bloody sad!

I wonder what


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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quote:
Originally posted by mdwest:
quote:
Originally posted by shakari:
Larry,

The Lacey Act is a really poisonous piece of legislation & can be be applied to anyone, anywhere for breaking any game law anywhere in the world no matter what passport they hold....... Whether they can be deported to the US is a different matter but this case proves the US is willing to try.


I agree with the above statement..

but..

I am pretty sure Lacey only applies to US flora and fauna..

They can go after a foreign national and ask for that person to be extradited..

But I dont think they can apply Lacey to an Elephant..



I was going to go read the Endangered Species Act today (what they used to go after the US hunter) and see if there is a provision in there that they might use against the PH..


They can apply it to anyone who breaks any game law anywhere in the world & it has been applied (or perhaps misapplied?) to s number of non US citizens over the years.

I can't remember the exact details but seem to remember at least one SA PH (some years ago) being arrested when he went to the US for convention season & IIRC it had something to do with a leopard being shot in one country & smuggled over the border to another so they could claim it was shot elsewhere.

In this case, I'd guess the biggest hurdle will be getting the guy extradited to the US.

As Todd quite rightly says: " They'll use it where and when they desire, and stretch it far and wide beyond its original intent".






 
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quote:
Originally posted by Todd Williams:
quote:
Originally posted by mdwest:


but..

I am pretty sure Lacey only applies to US flora and fauna..


But I dont think they can apply Lacey to an Elephant..







You're grossly mistaken on this one sir. They'll use it where and when they desire, and stretch it far and wide beyond its original intent.


I should have read the OP more closely..

You guys are right.. Lacey is what they are using..
 
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quote:
Originally posted by Todd Williams:
quote:
Originally posted by mdwest:


but..

I am pretty sure Lacey only applies to US flora and fauna..


But I dont think they can apply Lacey to an Elephant..







You're grossly mistaken on this one sir. They'll use it where and when they desire, and stretch it far and wide beyond its original intent.



The Lacey act was used against Gibson guitars regarding exotic woods.
 
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quote:
Originally posted by cnm123:
Jeff
Having dealt with Andy in the past on trophy shipments he would have no knowledge of what took place in the field . He receives paper work and trophies and ensures they handled complying with all required regulations . very honest hard working man.
thx
chris


I stand corrected.
 
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quote:
Originally posted by BaxterB:

The Lacey act was used against Gibson guitars regarding exotic woods.


https://www.justice.gov/opa/pr...lacey-act-violations






 
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Case 1:18-po-07002-STV Document 7 Filed 04/24/18 USDC Colorado Page 1 of 18
.I



IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No.

UNITED STATES OF AMERICA,

Plaintiff,

v.

PAUL ROSS JACKSON,

Defendant.


PLEA AGREEMENT


The United States Attorney' s Office for the District of Colorado (the "Office"), by and through, Suneeta Hazra and Bryan David Fields, Assistant United States Attorneys for the District of Colorado, and the defendant , Paul Ross Jackson, personally and by counsel, Daniel T. Smith, submit the following Plea Agreement, pursuant to D.C.COLO.LCrR 11.1.
I. PLEA AGREEMENT

A. Defendant's Obligations

1. The defendant agrees to plead guilty to an Information charging him with a misdemeanor violation of the Endangered Species Act, 16 U.S.C. § 1538(a)(l)(G) and 1540(b)( l ).
2. The defendant recommends and will agree that a fine of $25,000 is sufficient, but not greater than necess ary, to accomplish the goals of statutory sentencing codified at 18 U.S.C.
§ 3553(a). Accordingly, the defendant agrees not to argue for or otherwise seek a lesser sentence. The defendant further agrees that he shall not hunt any endangered or threatened wildlife listed in

, . , Case 1:18-po-07002-STV Document 7 Filed 04/24/18 USDC Colorado Page 2 of 18



50 C.F.R. § 17.11, including as it may be subsequently amended, for a period of four years from the date of the entry of any judgment entered in connection with this plea agreement (the "Hunting Ban" ). The defendant further agrees to assist the United States in the enforcement of the Hunting Ban by providing to the U.S. Fish and Wildlife Service, as soon as practicable but not less than two weeks in advance, any and all documents and correspondence relating to any hunt outside of the United States, in cluding, but not limited to, hunting permits, agreements, itiner aries, receipts, and invoices . The government will provide the defendant with the name and contact information of the Fish and Wildlife Service employee to whom the defendant shall report this information . The defendant further agrees that, as soon as is practicable , but no later than within four years from the entry of any judgment entered in connection with this plea agreement, he will transfer to the government of Zimbabwe ivory tusks identified with stamp numbers ZW 20152603 7 and ZW 201526038 that were obtained as a result of the conduct described in the stipulated statement of facts set forth in paragraphs 16-57.
B. The Office's Obligations

3. In exchange for the defendant's plea of guilty to the count charged in the Information , the Office agrees, subject to the exceptions described in paragraphs 6 through 9 below , not to file any additional criminal charges in the District of Colorado against the defendant based on information presently known to the Office, as outlined in the statement of facts set forth in paragraphs 16-57.
4. The Office recommends and will agree that a fine of $25,000 is sufficient, but not greater than necessary, to accomplish the goals of statutory sentencing codified at 18 U.S.C. §
3553(a). Accordingly, the Office agrees not to argue for or otherwise seek a higher sentence.

.I ' Case 1:18-po-07002-STV Document 7 Filed 04/24/18 USDC Colorado Page 3 of 18


5. This agreement does not bind any federal, state, or local prosecuting authority other than the Office, and does not prohibit the Office from initiating or prosecuting any civil or administrative proceedings directly or indirectly involving the defendant.
C. Defendant's Agreement to Toll the Applicable Statute of Limi.tations

6. The defendant is aware that he could be indicted for other crimes arising from the conduct agreed upon in the stipulation of facts set forth below, including charges related to violations of the Lacey Act, 16 U.S.C. § 3372(a)(2)(A), wire fraud, 18 U.S.C. § 1343, and conspiracy to violate those offenses, 18 U.S.C. §§ 371 and 1349. The defendant has discussed the penalties for these crimes with his attorney and understands that the most severe combination of penalties may include up to twenty years ' imprisonment , a fine of $250,000 or two times the loss/g ain, which is greater, supervised release for up to 3 years following any term of imp risonment, and forfeiture of the proceeds of any violation. He further understands that penalties imposed for multiple counts of conviction may be imposed consecutively.
7. However, in exchange for the concessions in this agreement, the defendant agrees that any statutes of limitation and any defenses arising therefrom, applicable to violations
described in the previous paragraph shall be tolled from the date on which this agreement is .
+."'(
accepted by the Court for a period of years (hereinafter the " Tolling Period" ). The defend t

further understands that, upon material breach of this agreement, the Office shall have reserved the right to bring charges related to the crimes described above in paragraph 6 within the Tolling Period . The defendant concedes that violation of the Hunting Ban, or a failure to transfer to the government of Zimbabwe ivory tusks identified with stamp numbers ZW 201526037 and ZW
201526038 as soon as is practicable, but no later than within four years from the entry of any




judgment in connection with this plea, would be a material breach of this agreement. The defendant understands that the Office, in its sole discretion, will determine whether the defendant has materially breached any term of this agreement, including the terms related to the Hunting Ban, and that the Office's good faith determination as to whether there has been a material breach shall be binding upon him . Should the defendant bring a claim that the Office has not acted in good faith, the defendant shall bear the burden of supporting that claim by a preponderance of the evidence.
8. The defendant understands that the law provides that in the absence of any waiver of the statutes of limitation , and except as otherwise provided by law, pursuant to 18 U.S.C. § 3282, any criminal charge pursuant to the violations described above in paragraph 6, must be brought within a five-year limitations period beginning on the date of the commission or conclusion of the offenses alleged.
9. The defendant understands that by executing this agreement, he is giving up any defenses related to any applicable statutes oflimitations as to any of the violations described above in paragraph 6 that might be brought against him for which any applicable statutes of limitation would have otherwise expired during the Tolling Period, that the Tolling Period will not be considered in determining whether charges are barred by any applicable statutes oflimitation, and that any applicable statutes oflimitation are accordingly tolled with respect to such charges during this period. The defendant understands, acknowledges , and agrees that the period of time covered under the Tolling Period will not be used in calculations determining whether any criminal proceedings against him are within any applicable statutes of limitation .




D. Defendant's Waiver of Appeal

10. The defendant is aware that 18 U.S.C. § 3742 affords the right to appeal the sentence, including the manner in which that sentence is determined . Understanding this, and in exchange for the concessions made by the Office in this agreement, the defendant knowingly and voluntarily waives the right to appeal any matter in connection with this prosecution, conviction, or sentence unless it meets one of the following criteria: (1) the sentence exceeds 6 months' imp risonmen;t or (2) the Office appeals the sentence imposed . If any of these two criteria apply, the defendant may appeal on any ground that is properly available in an appeal that follows a guilty plea.
11. The defendant also knowingly and voluntarily waives the right to challenge this prosecution, conviction, or sentence in any collateral attack (including , but not limited to, a motion brought under 28 U.S.C. § 2255). This waiver provision does not prevent the defendant from seeking relief otherwise available in a collateral attack on any of the following grounds: (1) the defendant should receive the benefit of an explicitly retroactive change in the sentencing guidelines or sentencing statute; (2) the defendant was deprived of the effective assistance of counsel; or (3) the defendant was prejudiced by prosecutorial misconduct.
II. ELEMENTS OF THE OFFENSE

12. The parties agree that the elements of the offense to which this plea is being tendered are as follows :
First, the defendant knowingly violated an implementing regulation issued under the Endangered Species Act regarding the delivery, receipt, carrying, transportation, or shipment of threatened wildlife in the course of a commercial activity in foreign commerce;




Second, the animal delivered, received, carried, transported and shipped was an African Elephant (Loxodonta Africana) which is, in fact, threatened;

Third, the defendant acted unlawfully, that is without permission from the United States Department of the futerior.

III. STATUTORY PENALTIES

13. Pursuant to Title 16, United States Code, Section 1540, the maximum statutory penalty for a violation of Title 16, United States Code, Section 1538(a)(l )(G), as charged in the fuformation , is not more than 6 months ' imprisonment , a fine of $25,000 (or both imprisonment and a fine) and a $10 special assessment. There is no restitution in this case.
14. A violation of any condition(s) of probation may result in a separate prison sentence and additional supervision .
V. STIPULATION OF FACTS

15. The parties agree that there is a factual basis for the guilty plea that the defendant will tender pursuant to this plea agreement. That factual basis, accurate at all times relevant to this agreement, is set forth below in paragraphs 16-57. As part of this agreement, the defendant admits, accepts and acknowledges that the facts described in paragraphs 16-57 are true and accurate. Should the defendant breach this agreement, including a breach related to the Hunting Ban, the defendant agrees that he will not contest the admissibility of, nor contradict, in any prosecution of the crimes described above in paragraph 6, this Stipulation of Facts. If any such prosecution is brought, the defendant waives all claims under the United States Constitution, Rule 1l(t) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal statute or rule that statements made and adopted by the defendant
as part of this stipulation of facts, or any leads derived therefrom, should be suppressed.




16. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (" CITES"), was signed by the United States in 1973 and became effective in 1975. CITES regulated the international trade in wildlife by placing species onto three " Appendices" based on the species' relative threatened status: species on Appendix One are the most seriously threatened and, therefore , the most restricted ; species on Appendix Two, such as the African Elephant (Loxodonta Africana) are not as threatened and can be traded with an appropriate permit; species on Appendix Three are those that are of concern only in a particular country and are the least regulated .
17. The United States Fish and Wildlife Service implemented CITES in the United States through the Endangered Species Act ("ESA") and its associated regulations. See 50
C.F.R. §§ 17. l(a) and 23. l (c) . The ESA, 16 U.S.C. § 1538(a)( l )(G), made it unlawful to violate any regulation pertaining to a threatened species.
18. The African Elephant (Loxodonta Africana) was listed as "threatened" under the Endangered Species Act, which executed the CITES by establishing a program for the conservation of endangered and threatened species designated as such by the Secretaries of the Interior and Commerce . 50 C.F.R. § 17.11.
19. It was a violation of the ESA's regulations to deliver, receive, carry, transport or ship in foreign commerce , by any means whatsoever, and in the course of a commercial activity, any threatened wildlife. See 50 C.F.R. § 17.31 (applying provisions of 50 C.F.R. § 17.21). However , the regulations at M C.F.R. §17.40 contain a special rule for the African Eleph (Loxodonta Africana) .




20. The special regulations for the African Elephant made it unlawful to deliver,

receive, carry, transport or ship in interstate or foreign commerce and in the course of a
so
commercial activity any sport-hunted African Elephant (Loxodonta Africana) trophy. C.F.

§ 17.40(e)(6)(ii). Furthermore , only trophies taken legally in an African elephant range country
ft>
qualified as sport-hunted . Pr C.F.R. § 17.40(e)(6)(i)(A).

21. The Zimbabwean Parks and Wild Life Act made it unlawful, with certain exceptions granted by the Zimbabwe Parks and Wildlife Authority that did not apply, to hunt any wildlife in a national park or to sell any animal or any part of an animal which has been hunted in or has died in or has been removed from a national park. That same act designated a 505,300 hectare area of the Chiredzi District of Zimbabwe as a national park called Gonarezhou National Park.
22. The defendant was a resident of Evergreen, Colorado, within the State and District of Colorado.
23. H.V.R., was a resident and citizen of the Republic of South Africa ("South Africa"). He was a professional hunter who owned and operated A.A.A, a company known to the parties, through which he marketed, sold, and carried out hunts in South Africa and Zimbabwe.
24. A.H. was a resident and citizen of the Republic of Zimbabwe ("Zimbabwe").

A.H. was a professional hunter who owned and operated a Zimbabwe-based outfitting company, the identity of which is known to the United States Attorney, through which A.H. provided hunting-related services, including guided hunts, dipping and packing, and the facilitation of
export permits .




25. R.Q. was a resident of New York. R.Q. was an employee of a S.S.I., which was in the business of facilitating the import of hunting trophies by coordinating with the foreign exporter, the professional hunter, the taxidermist, and shipping companies . R.Q. was given a power of attorney by the defendant to handle all of his importing and exporting matters and the defendant willfully caused R.Q. to perform acts on his behalf related to shipping and transporting his hunting trophies.
26. T.M., whose identity is known to the United States Attorney, worked for R.Q. from approximately March 2014 to July 2016 as an administrative assistant.
27. On or about and between April 29, 2015 and May 5, 2015, PAUL ROSS JACKSON and H.V.R. shot and killed an African Elephant inside Gonarezhou National Park in violation of the Zimbabwe Parks and Wildlife Act.
28. After taking the African Elephant in Gonarezhou National Park, PAUL ROSS JACKSON worked with others to effectuate his intent to export the African Elephant from Zimbabwe to South Africa where he could use casts of the elephant's tusks for his trophy and then sell the ivory in foreign commerce for approximately $300 per pound.
29. On June 3, 2015, T.M., working under JACKSON ' s power of attorney, sent an email to A.H. stating, among other things, " I am just touching base regarding Mr . Jackson' s trophies ... he is very excited about this elephant and has called a few times to make sure everything is under control."
30. On June 3, 2015, A.H . responded to T.M. in an email stating, among other things,
" I have been able to collect his trophies which included : 1 skull, 1 cape, 3 panels skin, 4 feet and 4 bones.. [sic] There appears to be an issue with the ivory (which have not yet been registered)




and these are being held by National parks as apparently the bull was killed within a National Park?? I don ' t know any details but I am concerned."
31. On June 3, 2015, T.M., working under JACKSON' s power of attorney, forwarded

A.H. ' s previous email to, among others, JACKSON, H.V.R. and A.H., adding, among other things, the statement that A.H. " was able to pick up the highlighted items but not the ivory due to the elephant being killed in a National Park. I have copied [H.V.R.] as he needs to sort this out asap because arrangements were made through him and we do not want this to sit for too long . Please let us know next steps so we can proceed accordingly and have [A.H.] pick up the ivory asap."
32. On June 3, 2015, JACKSON responded to T.M.' s email: " we want to obtain the

ivory ."

33. On June 17, 2015, T.M. working under JACKSON ' s power of attorney, responded to an email from A.H. by stating , among other things, "Thank you [A.H.]. Do you have an expected time frame that you will be able to pick up the ivory" The email from A.H. stated " herewith the latest on the ivory," and forwarded an email from C.K. stating, among other things, "The ivory for Mr . Ross Jackson has been released by Parks . . . and will be delivered ... today. The ivory weighed 26 and 27 Kgs respectively."
34. On July 22, 2015, T.M., working under JACKSON ' s power of attorney, forwarded to JACKSON and another individual an email from A.H. in which A.H. stated, among other things, " his tusks are in my possession now -Weights - 26kg/ 57 lbs & 27kg/59.5 lbs . Please let me know where these are going to as I need the address for the export permit." In
T.M.'s email to JACKSON, T.M. stated , among other things, " [A.H.] received your ivories today




and please find the weights he forwarded. Ross, please call me as it is important. I need to discuss the tanning of the elephant skins in [A.H.]'s possession."
35. On September 21, 2015, T.M., working under JACKSON's power of attorney, wrote to A.H. and another, stating "we will obtain this document for you and be in touch shortly. We will also be in touch with the payment for your dip/pack/tanning invoice." T.M. was responding to an email sent that same day by A.H. in which A.H. stated, among other things,
"Our CITES authority ... has thrown a curve ball at me with regards to Ross Jackson Export application for his elephant trophy .... To wit, they want an notarized affidavit from yourself and or Ross Jackson stating that the elephant is not going to imported into the USA ie to South Africa only. Please would you compile such a document and email it to me asap so I can get these people to issue his export permit. Kindly note I am also waiting for payment so can pay the tannery and my pack & dip fees."
36. On November 13, 2015, R.Q., working under JACKSON ' s power of attorney, sent an email to, among others, JACKSON, and A.H., addressed to A.H., in which R.Q. stated, among other things, "I want to take this opportunity to personally thank you with Mr. Jackson in copy, for the tremendous maneuvering you did to get his ivories out of Zimb Parks. It took quite some time and if it was not for you, Mr. Jackson would not have his ivories today. Once he is back and in addition to the payment , I will also send you the required Affidavit stating that the ivories will only be exported to RSA."
37. On January 29, 2016, T.M., working under JACKSON ' s power of attorney, sent an email to, among others, JACKSON and R.Q. stating, among other things, " I wanted to give a
heads up since [R.Q.] has not received a phone call or text back. This week we heard from a




very upset [A.H.] due to an 'overnight decree' by Zim Parks that they will no longer issue export permits to RSA for any hunter outside of RSA wanting to send their trophies (any trophies) to RSA for taxidermy work or further processing. They will only issue expert permits for the country where the hunter resides."
38. On January 29, 2016, JACKSON responded to T.M., stating "Bad news .... Just talked to [R.Q.]."
39. On February 7, 2016, H.V.R. sent an email to A.H. stating, among other things,

"Ross Jackosn [sic] told me there a problem on the export of elephant tusk to south Africa ... can you please update me about the problem, I did booked Ross Jackson with [J.N.] in Zimbabwe Outfitter camp. Ross is long time client of he [sic] hunting the last 5 years with me."
40. On February 7, 2016, A.H. responded to H.V.R.' s email , stating , among other things, " On 8 January 2016 I was advised by our Parks Authority that with immediate effect no export permit would be issued to any clients wanting to send trophies to any Country other than the Country stated on the TRAS2 (Hunting Permit). This has not only affected Jacksons [sic] trophies but a score of others as well. Ross Jackson' s address on his TRAS2 Permit shows an address in Colorado USA and we have applied for an Export permit to a South African destination. I will write an appeal to this Expert permit rejection but it may help if we can prove Mr . Jackson has a residence in RSA."
41. On February 10, 2016, R.Q., working under JACKSON's power of attorney, sent an email to A.H., H.V.R., JACKSON, and others stating, among other things:
We just got back from SCI and jumping into full speed to make sure this export to RSA situation is resolved swiftly. [H.V.R.] may be travelling home now so I am trusting that he will be replying soon. Please know I went to visit [H.V.R.] at his booth but both




times, he was with clients . Instead , I spoke with his assistant about your instructions that was further confirmed by Emmie at SCI so I am hopeful [H.V.R.] got the message and we will hear back soon. Whilst we are waiting to proceed with the residency paperwork noted above, I've also included Mr Jackson on this email so he is aware of my formal request to you on his behalf for the making of three sets of replica tusks . Please send me the cost and estimate time needed to make these natural color (no stand) replica sets.

42. On February 19, 2016, R.Q., working on JACKSON' s behalf, sent an email to H.V.R., A.H., JACKSON, and others, stating, among other things
As of this writing, I confirm the following : . . . (2) On January 8, when [A.H.] followed up regarding to the export permits from Zimb Parks, he was given a letter of rejection by Zimb Parks, which I hereby include for reference. (3) [H.V.R.] is aware of the need to obtain a certified letter of RSA Residency for Mr. Jackson. (4) Unless and until we know a residency letter has been issued and accepted by Zimb Parks, there cannot be the export of these trophies into RSA.

43. On February 22, 2016, H.V.R. replied to R.Q.' s email, copying JACKSON and another, stating, among other things , " Hello Every one I arrive back at my house yesterday and will start working on this today. I will go to SOUTH AFRICAN POLICE station and get a letter to confirm this."
44. On March 8, 2016, JACKSON sent an email to an employee of the company retained to make replicas of the eleph ant' s tusks in which he responded to an earlier message informing him that his ivory was with the company. In the email JACKSON stated, among other things, " I would like two sets made up. After that is done am I at will to sell or direct the disposition of the ivory? If so can I sell it to a party outside of Zim or must I be limited to a party inside of Zim? Can I have it shipped to my alternate residence in SA?"
45. On March 13, 2016, A.H., who had received the March 8, 2016 email after it was

forwarded to R.Q. and A.H., responded to JACKSON stating, among other things, "I was




expecting a letter proving you had a residence in SA to try and appeal to the rejection of your application to ship your trophies to the Taxidermist in SA. So far I have not yet received that letter so have not been able to appeal. As far as I am aware it is not possible for sport hunted ivory to be sold as these are hunted and become personal items/trophies - I will however enquire at our Parks Office and see if they will allow it due to the circumstances we are in right now."
46. On March 13, 2016, JACKSON responded to A.H. in an email asking "Can they be given away."
47. On March 16, 2016, A.H. responded to JACKSON in an email in which he stated, among other things, " They have advised me to first bring the letter from [H.V.R.] and then make an appeal to have the decision changed to allow these trophies to go to SA. Sport Hunted Ivory cannot be sold. You can donate the tusks to anyone as long as they are in Zimbabwe and you will need to write a letter stating you are giving the ivory away - with full details of name address ID number etc."
48. On March 16, 2016, JACKSON responded to A.H. in an email stating, among other things, "Thank you for the information . I am sure the letter from [H.V.R.] will be forthcoming shortly."
49. On April 19, 2016, T.M., working under JACKSON' s power of attorney, responded to an email from A.H. in which A.H. had stated, among other things, " I guess we need the letter from [H.V.R.] first and see if our CITES will allow the export to go to SA or not." In
T.M.'s response T.M. stated , among other things, " We will continue to follow up with [H.V.R.]




to push for this letter. I know we are just in a holding pattern with all of the trophies until it is received."
50. On May 4, 2016, T.M., working under JACKSON's power of attorney, sent an email to W.D.C., copying A.H., R.Q., JACKSON and another individual, stating, among other things "I spoke with Ross today and it seems that no one, including Ross, has been able to get in touch with [H.V.R.]. This is not good and holding up progress with Ross ' s shipment in
Zimbab we. In hopes of speeding up the process, Ross is asking for your assistance with obtaining the notarized RSA residency letter that [A.H.] needs in order to proceed with the export for you. Is this something you can help with? Please expect to hear from Ross separately but in the meantime he asked that we reach out to your for a heads up on his behalf "
51. On May 4, 2016, W.D.C. responded to T.M.'s email, copying JACKSON, stating , among other things, " I have spoken to my daughter who is an attorney and she has stated that a residency letter would not be possible as that has to be issued by the department of home affairs. I can have a letter notarized to say that Ross visits South Africa on a number of occasions each year and stays with my daughter when he is here, if this would help."
52. On August 30, 2016, A.H. sent an email to R.Q. stating , among other things, "My constant pressure has paid off- Ihave finally won with Ross Jacksons first export permit for his elephant hunt. The draft copy was issued today and I will process the same this afternoon."
53. On or about October 12, 201, R.Q. sent an email to A.H. in which R.Q. stated, among other things, "Ross Jackson is back in the US and on board with next steps. First, he is making payment to TCI for the Replicas today and then we wait for tusks and replicas to make
their way up to you, [A.H.]. [A.H.], who pays for the charges back up to you? How does this




work? Next, while the tusks make their way up to [A.H.], we can proceed with getting all permits in place for both export and import into RSA."
54. On October 12, 2016, A.H. responded to R.Q.' s questions, stating , with regard to the charges for transporting the replicas that "I expect if TCI has a vehicle coming up or if Im going down we will get these back to Harare. There4 [sic] should be no charge for that."
55. On October 12, 2016, R.Q. sent an email to A.H. in which she stated, among other things, " Thank you and I will wait for a separate email with the full list of trophies so I can triple check with Ross. You' re a STAR!"
56. On October 12, 2016, R.Q . sent an email to A.H. in which she stated, among other things, "Thank you so much, [A.H.]." R.Q. was responding to an earlier email in which A.H. had provided a list of JACKSON's trophies. Included on that list, under the hearing
" SERENGETI/SSGHUNT" was "ELEPHANT - 2X TUSKS (ZW 2015 26037/28- 26KG/27KG" and "ELEPHANT - IX SKULL, 1 XCAPE, 3 XPANELS TANNED SKIN, 4
X FEET, 4 X LEG BONES" and "Replica tusks?"

57. The defendant did all of the above in a knowing effort to violate Fish and Wildlife regulations related to African Elephants that implemented the Endangered Species Act. The defendant knew that the animal he killed inside Gonarezhou National Park was an African Elephant (Loxodonta Africana ). The African Elephant (Loxodonta Africana) was a threatened species. At no time did the defendant obtain permission from the United States Department of the Interior , or any other department or agency of the United States, for any of the conduct described in the preceding paragraphs.




VI. ADVISORY GUIDELINE COMPUTATION AND §3553 ADVISEMENT

58. The parties understand that the imposition of a sentence in this matter is governed by 18 U.S.C. §3553 . In determining the particular sentence to be imposed , the Court is required to consider seven factors. One of those factors is the sentencing range computed by the Court under advisory guidelines issued by the United States Sentencing Commission (the "Commission" ). However, pursuant to United States Sentencing Guideline § l Bl. 9, the Commission has determined that the advisory sentencing guidelines do not apply to cases such as this one that involve Class B misdemeanors . The parties agree that there is no restitution for the crime charged in the Information .
59. The parties understand that the Court is free, upon consideration and proper application of all 18 U.S.C. §3553 factors, to impose that reasonable sentence which it deems appropriate in the exercise of its discretion and that such sentence may be up to imprisonment for the statutory maximum term, regardless of any term of this agreement or position of any party on any 18 U.S.C. §3553 factor.




VII. ENTIRE AGREEMEMT

25. This document states the parties' entire agreement. There are no other promises, agreements (or "side agreements"), terms, conditions, understandings or assurances, express or




Date :"\ \ <-}l (




·- - / \ ( t,''-.L l .. -\-e·'-





Date: '-/- bt/1/ 'I:


Kathi

kathi@wildtravel.net
708-425-3552

"The world is a book, and those who do not travel read only one page."
 
Posts: 9538 | Location: Chicago | Registered: 23 July 2003Reply With Quote
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posted Hide Post
quote:
Originally posted by shakari:
quote:
Originally posted by mdwest:
quote:
Originally posted by shakari:
Larry,

The Lacey Act is a really poisonous piece of legislation & can be be applied to anyone, anywhere for breaking any game law anywhere in the world no matter what passport they hold....... Whether they can be deported to the US is a different matter but this case proves the US is willing to try.


I agree with the above statement..

but..

I am pretty sure Lacey only applies to US flora and fauna..

They can go after a foreign national and ask for that person to be extradited..

But I dont think they can apply Lacey to an Elephant..



I was going to go read the Endangered Species Act today (what they used to go after the US hunter) and see if there is a provision in there that they might use against the PH..


They can apply it to anyone who breaks any game law anywhere in the world & it has been applied (or perhaps misapplied?) to s number of non US citizens over the years.

I can't remember the exact details but seem to remember at least one SA PH (some years ago) being arrested when he went to the US for convention season & IIRC it had something to do with a leopard being shot in one country & smuggled over the border to another so they could claim it was shot elsewhere.

In this case, I'd guess the biggest hurdle will be getting the guy extradited to the US.

As Todd quite rightly says: " They'll use it where and when they desire, and stretch it far and wide beyond its original intent".


May be they should start investigating the South African professional hunters who supply SCI award winning trophies then!

We all know good trophies do not grow on trees, and some of those crooks in South Africa supply them on demand!


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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posted Hide Post
It is right there is the Plea Agreement.


SSG
 
Posts: 2857 | Location: FL | Registered: 18 September 2007Reply With Quote
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posted Hide Post
And the anti-hunters/NGOs salivate...
 
Posts: 7829 | Registered: 31 January 2005Reply With Quote
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posted Hide Post
quote:
Originally posted by BaxterB:
And the anti-hunters/NGOs salivate...


We deserve whatever we get!


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Posts: 69348 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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posted Hide Post
quote:
Originally posted by BaxterB:
And the anti-hunters/NGOs salivate...


And will have to agree with them on this occasion. It is up to us to loudly condemn such actions.


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Posts: 10007 | Location: Zambia | Registered: 10 April 2009Reply With Quote
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Picture of BaxterB
posted Hide Post
quote:
Originally posted by fairgame:
quote:
Originally posted by BaxterB:
And the anti-hunters/NGOs salivate...


And will have to agree with them on this occasion. It is up to us to loudly condemn such actions.


Agree. But it’s just no less frustrating that we are here yet again...
 
Posts: 7829 | Registered: 31 January 2005Reply With Quote
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posted Hide Post
The art of shooting one animal in one place and recorded as shot in another was perfected for a specific purpose!

A whole industry picked up on that in South Africa.

All to supply big trophies for the bloody idiots glorified by SCI!

I am absolutely certain SCI is well aware of it, because it only took me a short while to find out about!


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