Lacey Act

U.S. v. Tomono

Summary:

Kei Tomono pleaded guilty to violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) & 3373(d)(1)(B), and the federal anti-smuggling statute, 18 U.S.C. § 545, in connection with his illegal importation of reptiles. At sentencing, the district court granted a three-level downward departure for what it termed "cultural differences."  The court held that "cultural differences" were not significant enough to remove this case from the body of cases contemplated by the Sentencing Guidelines so as to allow for downward departure.

Kei Tomono pleaded guilty to violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) & 3373(d)(1)(B), and the federal anti-smuggling statute, 18 U.S.C. § 545, in connection with his illegal importation of reptiles. At sentencing, the district court granted a three-level downward departure for what it termed "cultural differences."  The court held that "cultural differences" were not significant enough to remove this case from the body of cases contemplated by the Sentencing Guidelines so as to allow for downward departure.

U.S. v. Senchenko

Summary:

During the two year period alleged in the indictment, between September 1993 and September 1995, government agents found or were directed to four illegal bear snares in Colville National Forest, Washington that were later linked to defendant.  The Lacey Act provision that makes it felony to knowingly engage in conduct that involves intent to sell wildlife with market value in excess of $350 encompasses several types of conduct in furtherance of commercial activity (transporting, selling, receiving, acquiring, and purchasing wildlife) and government could aggregate value of parts related to such conduct to arrive at requisite $350 value, because defendant's various acts formed a single continuing scheme.

During the two year period alleged in the indictment, between September 1993 and September 1995, government agents found or were directed to four illegal bear snares in Colville National Forest, Washington that were later linked to defendant.  The Lacey Act provision that makes it felony to knowingly engage in conduct that involves intent to sell wildlife with market value in excess of $350 encompasses several types of conduct in furtherance of commercial activity (transporting, selling, receiving, acquiring, and purchasing wildlife) and government could aggregate value of parts related to such conduct to arrive at requisite $350 value, because defendant's various acts formed a single continuing scheme.

Brief Summary of the Lacey Act

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Summary:

The Lacey Act prohibits international and domestic wildlife trafficking. The Act makes it a separate crime to trade in wildlife, fish, and plants that have been taken in violation of other federal, state, or foreign laws. The Act also prohibits falsifying documents used for wildlife shipments and failing to mark wildlife shipments. Violators are subject to civil and criminal penalties. 

The Lacey Act prohibits international and domestic wildlife trafficking. The Act makes it a separate crime to trade in wildlife, fish, and plants that have been taken in violation of other federal, state, or foreign laws. The Act also prohibits falsifying documents used for wildlife shipments and failing to mark wildlife shipments. Violators are subject to civil and criminal penalties. 

Overview of the Lacey Act (16 U.S.C. SS 3371-3378)

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Summary:

This article provides a brief overview of the federal Lacey Act (16 U.S.C. §§ 3371-3378). Included is a brief historical discussion as well as an examination of the criminal and civil provisions under the Act. A link to a more complete discussion is provided.

This article provides a brief overview of the federal Lacey Act (16 U.S.C. §§ 3371-3378). Included is a brief historical discussion as well as an examination of the criminal and civil provisions under the Act. A link to a more complete discussion is provided.

Detailed Discussion of Bears Used in Traditional Chinese Medicine

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Summary:

Discussion of the issue of bear farming and the international trade in bear bile. Analysis of the laws regulating farming and trade. Discusses how the issue presents a problem and proposes solutions.

Discussion of the issue of bear farming and the international trade in bear bile. Analysis of the laws regulating farming and trade. Discusses how the issue presents a problem and proposes solutions.

American Wildlife Law - An Introduction

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Summary:

This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.

This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.

Throwing Caution to the Wind: The Global Bear Parts Trade

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Summary:

A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.

A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.