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Date: 08-21-2020

Case Style:

United States of America v. Alvaro Y. Cortes, Olga L. Aya Rodriguez and Planet Express Cargo & Courier Corp.

Case Number: 1:19-cr-20214-DPG

Judge: Darrin P. Gayles

Court: United States District Court for the Southern District of Florida (Miami-Dade County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:


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Miami, FL - The
United States of America charged Alvaro Y. Cortes, Olga L. Aya Rodriguez and Planet Express Cargo & Courier Corp. with conspiracy to knowingly export fish and wildlife knowing that the fish and wildlife were transported and sold in violation of federal law.

According to court documents, the parties’ joint factual proffer, and in-court statements, Cortes and Aya Rodriguez conducted business as Planet Express Cargo & Courier Corp., which principally engaged in business as a freight forwarder, consolidating cargo freight for international shipment, primarily to Colombia, South America. From May 2014 through July 2015, the defendants provided international shipping manifests to United Parcel Service that falsely identified shipments of fish and corals that had been delivered to PECC’s business premises by its customers as “Accesorios de Acuario” (“aquarium accessories”). As part of the conspiracy, PECC and its principals failed to acquire permits required for the export of certain of the species in the shipments and failed to declare to the Fish & Wildlife Service and CBP that they were exporting wildlife. Based on the fraudulent documents, the fish and wildlife was exported from the United States to Colombia.

All fish and wildlife exported from the United States, must first be made available for inspection and properly declared to FWS and CBP, pursuant to Title 50, Code of Federal Regulations, Sections 14.52 and 14.63. The regulations require the exporter or exporter’s agent to provide specific documentation and information to the FWS in order to have a shipment of merchandise cleared for export, prior to the physical loading of the merchandise on a vehicle or aircraft, and prior to the palletization of the shipment for export. The required notice must include all shipping documents, permits, and licenses, and a listing of the fish and wildlife being exported. Additionally, the exporter or exporter’s agent is required to present an executed Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) to the FWS prior to the exportation, which Form requires identification of the merchandise by scientific name, common name, quantity, and value. Further, Form 3-177 requires proper identification of the shipper and the consignee, and an attestation that all the information being provided is true and correct. Title 50, Code of Federal Regulations, Sections 14.52 and 14.63.

In addition to the false manifests generated at PECC, employees of PECC, at the direction of its principals, obscured markings on the boxes of wildlife which identified them as containing live fish, by taping over the labeling and wrapping everything in black plastic. They did this so that United Parcel Service employees and government authorities would not realize the shipments contained un-inspected wildlife. The government also presented evidence at sentencing that, in addition to the number of shipments identified in the count of conviction, the defendants had been involved in the export of almost 1,000 such shipments to Colombia.

Ms. Orshan commended the investigative efforts of the Special Agents and Wildlife Inspectors of the Fish & Wildlife Service, and the Special Agents of NOAA/OLE and HSI, and Officers of the Customs and Border Protection who participated in the investigation This matter is being prosecuted by Deputy Chief Thomas Watts-FitzGerald of the Economic & Environmental Crimes Section and Assistant U.S. Attorney Christopher Cheek.

Lacey Act Violation, Conspiracy.

Outcome: IMPRISONMENT: 6 MONTHS. Supervised Release: 1 Year.

Plaintiff's Experts:

Defendant's Experts:

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