Trade

U.S. v. Lewis

Summary:

Defendant was convicted of a number of offenses related to his role in a wildlife smuggling operation. If trial did not begin within the requisite time period and defendant moved for dismissal prior to trial, the court had to dismiss the indictment, either with or without prejudice. The court held that the circumstances in the case, where it was clear that the delay in the trial caused the delay in the hearing, rather than the other way around, and where defendant repeatedly asked the court to set the case for trial and was otherwise ready to proceed to trial, plaintiff United States' pending pretrial motion could not serve as a basis for exclusion for a 117 day period. Because the delay violated the Speedy Trial Act, defendant's convictions had to be reversed, his sentences vacated, and his indictments dismissed.

Defendant was convicted of a number of offenses related to his role in a wildlife smuggling operation. If trial did not begin within the requisite time period and defendant moved for dismissal prior to trial, the court had to dismiss the indictment, either with or without prejudice. The court held that the circumstances in the case, where it was clear that the delay in the trial caused the delay in the hearing, rather than the other way around, and where defendant repeatedly asked the court to set the case for trial and was otherwise ready to proceed to trial, plaintiff United States' pending pretrial motion could not serve as a basis for exclusion for a 117 day period. Because the delay violated the Speedy Trial Act, defendant's convictions had to be reversed, his sentences vacated, and his indictments dismissed.

Born Free USA v. Norton

Summary:

The zoo sought to import wild elephants from a foreign country, but advocates contended that the officials did not follow CITES properly for the import. The court held that the advocates failed to show a likelihood of success to warrant preliminary injunctive relief, since no overall detriment to the species was shown.

The zoo sought to import wild elephants from a foreign country, but advocates contended that the officials did not follow CITES properly for the import. The court held that the advocates failed to show a likelihood of success to warrant preliminary injunctive relief, since no overall detriment to the species was shown.

Pedersen v. Benson

Summary:

In the matter of Pedersen v. Benson , an importer had a permit to import five giraffes from Kenya, three of which were sold and released to public zoos after the requisite quarantine period.  The other two were bought by ‘Africa USA,’ but not released.  One of them had a heart attack and died.  Plaintiff’s filed suit to have the other one they purchased released.  The permits, issued by APHIS, were issued under the further understanding that all the giraffes would be consigned to an approved zoological park (Africa USA is a privately-owned zoo).  The Court found no basis to uphold the government’s claim that a government officer may impose an ad hoc system of licensure upon any citizen, or upon any one group, i.e. private zoos, as opposed to another.  Here, the importation was specifically permitted for all five animals, and any one animal was just as much a potential carrier of hoof and mouth disease as this particular giraffe.  Therefore, this matter was dismissed for failure to state a cognizable claim. 

In the matter of Pedersen v. Benson , an importer had a permit to import five giraffes from Kenya, three of which were sold and released to public zoos after the requisite quarantine period.  The other two were bought by ‘Africa USA,’ but not released.  One of them had a heart attack and died.  Plaintiff’s filed suit to have the other one they purchased released.  The permits, issued by APHIS, were issued under the further understanding that all the giraffes would be consigned to an approved zoological park (Africa USA is a privately-owned zoo).  The Court found no basis to uphold the government’s claim that a government officer may impose an ad hoc system of licensure upon any citizen, or upon any one group, i.e. private zoos, as opposed to another.  Here, the importation was specifically permitted for all five animals, and any one animal was just as much a potential carrier of hoof and mouth disease as this particular giraffe.  Therefore, this matter was dismissed for failure to state a cognizable claim. 

Steiner v. U.S.

Summary:

Defendants were charged with knowingly and willfully, with intent to defraud the United States, smuggling and clandestinely introducing into the United States merchandise, namely, psittacine birds, which should have been invoiced; by fraudulently and knowingly importing merchandise and by knowingly receiving, concealing and facilitating the transportation and concealment of such merchandise after importation, knowing the same to have been imported into the United States contrary to law.  Appellants contend that the birds mentioned in count 1 were not merchandise, within the meaning of 18 U.S.C.A. § 545. The court found there was no merit in this contention.  Further, this importation subjected defendants to the felony provision of the Lacey Act and defendants were properly sentenced under the felony conspiracy portion of the Act.

Defendants were charged with knowingly and willfully, with intent to defraud the United States, smuggling and clandestinely introducing into the United States merchandise, namely, psittacine birds, which should have been invoiced; by fraudulently and knowingly importing merchandise and by knowingly receiving, concealing and facilitating the transportation and concealment of such merchandise after importation, knowing the same to have been imported into the United States contrary to law.  Appellants contend that the birds mentioned in count 1 were not merchandise, within the meaning of 18 U.S.C.A. § 545. The court found there was no merit in this contention.  Further, this importation subjected defendants to the felony provision of the Lacey Act and defendants were properly sentenced under the felony conspiracy portion of the Act.

United States v. Kum

Summary:

Defendant convicted for conspiracy to smuggle endangered wildlife into the United States.  Government moved for upward departure from sentencing range.  Held:  Court would not depart upward to reflect cruel treatment of animals (other holdings generally unrelated).

Defendant convicted for conspiracy to smuggle endangered wildlife into the United States.  Government moved for upward departure from sentencing range.  Held:  Court would not depart upward to reflect cruel treatment of animals (other holdings generally unrelated).

Defenders of Wildlife v. Hogarth

Summary:

Environmental groups challenge implementations of the International Dolphin Conservation Program Act ("IDCPA") which amended the MMPA and revised the criteria for banning tuna imports.

Environmental groups challenge implementations of the International Dolphin Conservation Program Act ("IDCPA") which amended the MMPA and revised the criteria for banning tuna imports.

Brief Summary of Convention on Trade in Endangered Species (CITES)

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Summary:

This article provides an introduction to the operation and provisions of the international treaty CITES which has been signed by over 150 countries to control the trade of endangered species.

This article provides an introduction to the operation and provisions of the international treaty CITES which has been signed by over 150 countries to control the trade of endangered species.