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Date: 04-07-2023
Case Style:
Case Number: 3:22-cr-00040
Judge: Joshua Kindred
Court: United States District Court for the District of Alaska (Anchorage Borough)
Plaintiff's Attorney: United States Attorney’s Office in Anchorage
Defendant's Attorney:
Description: Anchorage, Alaska criminal defense lawyer represented Defendant charged with violating the Lacey ACt by smuggling protected marine corals frm the Philippines.
Veleriy V. Gorbounov, 45, of Morrison, Colorado was illegally importing and selling endangered corals.
In April, 2022, prosecutors charged Jerome Anthony Stringfield, 43, of Kissimmee, Florida; Albert B. Correira, 35, of Westport, Massachusetts; and Allen William Ockey, 35, of Long Beach, California, with felony violations of conspiracy, violations of the Lacey Act and smuggling of corals from the Philippines. Ockey pleaded guilty to Wildlife Trafficking felony charges and was sentenced to a term of two years’ probation and required to pay a donation to a Phillipines organization dedicated to coral reef restoration in the amount of $5,000. Defendant Stringfield and Correira’s cases remains pending.
In separate filings, the following individuals were each charged with misdemeanor offenses related to violations of the Lacey Act: Derek M. Kelley, 31, of Elkhart, Indiana; James Knight, 47, of Newaygo, Michigan; Valeriy V. Gorbounov, 46, of Morrison, Colorado; Nathan C. Meisner, 35, of Rapid City, South Dakota; and Ricky A. Sprires, 34, of Gilbert South Carolina. Each of these defendants have plead guilty to Wildlife Trafficking under the Lacey Act and were sentenced to terms of probation of two years, required to pay contributions to a Philippine-based coral reef restoration organization in amounts varying from $2,000 to $4,000 and conditions that they do not import or sell corals for the term of probation.
The indictment and separate filings all alleged that between July 2017 and August 2018, the defendants paid a Philippine national to dive for and collect protected marine corals which they would then sell online to coral collectors and hobbyists. They further alleged that some corals were illegally sold in violation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which is an international treaty implemented to prevent species from becoming endangered or extinct because of international commercial trade. Additionally, Philippine law prohibits any person to gather, possess, commercially transport, sell or export corals commercially regardless of CITES status. In total, the defendants, through their Philippine supplier, illegally purchased and transported for sale more than 3,000 separate pieces of coral in violation of Philippines and United States law.
The charging documents in all cases states that the Republic of the Philippines is one of six countries straddling the Coral Triangle, a 5.4 million-square-kilometer stretch of ocean that contains 75% of the world’s coral species, one-third of the Earth’s coral reefs and more than 3,000 species of fish. Poaching for corals and other factors have left only 5% of coral reefs in the Philippines in “excellent” condition, with only 1% in a “pristine” state.
The supplier in the Philippines, Glenn Albert Binoya, a Philippines national, was charged by the Republic of the Philippines after the U.S. Fish and Wildlife Service contacted Philippine authorities about their investigation. Binoya, 47, died of unrelated medical issues prior to resolution of his case.
“This office and the Department of Justice will pursue state, national and transnational wildlife trafficking regardless of location,” said United States Attorney S. Lane Tucker, District of Alaska. “Through our partnership with the Fish and Wildlife Service these traffickers have been brought to justice.’
U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.
The U.S. Fish and Wildlife Service, Office of Law Enforcement is investigating the case.
Assistant U.S. Attorney Steven Skrocki is prosecuting the cases.
18:371 WILDLIFE TRAFFICKING CONSPIRACY
(1)
The Lacey Act is a United States federal law that prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported, or sold. The Act was first enacted in 1900 and has been amended several times since then. The most recent amendment, the Lacey Act Amendments of 2008, expanded the Act's scope to include plants and plant products.
The Lacey Act is enforced by a variety of federal agencies, including the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture, and the U.S. Customs and Border Protection. Violators of the Lacey Act can face civil and criminal penalties, including fines, imprisonment, and forfeiture of property.
The Lacey Act is an important tool for protecting wildlife and plants from illegal trade. The Act has helped to reduce the illegal trade in endangered species and to protect threatened ecosystems. The Lacey Act is also a valuable tool for law enforcement, as it allows agencies to track down and prosecute those who engage in illegal wildlife trade.
The Lacey Act is a complex law, and there are many resources available to help businesses and individuals understand their obligations under the Act. The U.S. Fish and Wildlife Service has a website with information about the Lacey Act, and the U.S. Department of Justice has a Lacey Act Enforcement Hotline.
Outcome: Gorbounov was sentenced to 2 years unsupervised probation; $25 special assessment. Counts 2-4 : DISMISSED.
Plaintiff's Experts:
Defendant's Experts:
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