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Date: 09-22-2021

Case Style:

United States of America v. Richard Gontarek

Case Number: 2:21-mj-10321-MAH

Judge: Michael A. Hammer

Court: United States District Court for the District of New Jersey (Essex County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:


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Description: Newark, NJ: Criminal defense lawyer represented defendant charged with illegal interstate sale of carving made of sperm whale ivory.

Richard Gontarek, 55, of Woodbridge, New Jersey, was charged with two counts of violating the Lacey Act, by selling to a buyer in Pennsylvania carvings made of sperm whale ivory that Gontarek should have known were possessed in violation of New Jersey State law.

According to documents filed in this case and statements made in court:

On Jan. 3, 2018, and on Dec. 6, 2018, Gontarek shipped a package containing a carving made from the tooth of a sperm whale to a buyer in Etter, Pennsylvania, in exchange for payment. Sperm whales are listed in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

The Lacey Act makes it a crime to sell in interstate commerce wildlife possessed in violation of any state law when in the exercise of due care the seller should have known that the wildlife was possessed in violation of the state law. New Jersey state law makes it unlawful for any person to possess with intent to sell ivory or any item that contains or is made from ivory.

As part of his plea agreement, Gontarek has agreed to pay a fine of $2,800 to the U.S. Fish and Wildlife Service Lacey Act Reward Fund.

Each of the charges to which Gontarek pleaded guilty carries with it a maximum penalty of one year in prison and a maximum fine of $100,000. Sentencing is scheduled for Jan. 25, 2022.

Acting U.S. Attorney Honig credited special agents of the U.S. Fish and Wildlife Service, Office of Law Enforcement, under the direction of Resident Agent in Charge Sean Mann, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the U.S. Attorney’s Office Government Fraud Unit in Newark.

Title 16, United States Code, Sections 3372(a)(2)(A) and 3373(d)(2) (Count One); and (2); Title 16, United States Code, Sections 3372(a)(2)(A) and 3373(d)(2) (Count Two)- VIOLATION OF GAME CONSERVATION ACTS
(1-2)

Outcome: Defendant pleaded guilty.09/22/2021 1 INFORMATION as to RICHARD GONTAREK (1) count(s) 1-2. (jqb, ) (Entered: 09/22/2021)
09/22/2021 Arrest of RICHARD GONTAREK (jqb, ) (Entered: 09/22/2021)
09/22/2021 2 NOTICE OF ATTORNEY APPEARANCE: PATRICK FRANCIS FLANIGAN appearing for RICHARD GONTAREK (jqb, ) (Entered: 09/22/2021)
09/22/2021 3 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE (jqb, ) (Entered: 09/22/2021)
09/22/2021 4 Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Initial Appearance and Plea Agreement Hearing as to RICHARD GONTAREK held on 9/22/2021, Guilty Plea entered by RICHARD GONTAREK (1) to Count 1-2. Sentencing set for 1/26/2022 at 10:00 a.m. via Zoom. Defendant released on a personal recognizance bond. (ECR) (jqb, ) (Entered: 09/22/2021)
09/22/2021 5 TELE/VIDEOCONFERENCING ORDER as to RICHARD GONTAREK. Signed by Magistrate Judge Michael A. Hammer on 9/22/2021. (jqb, ) (Entered: 09/22/2021)
09/22/2021 6 BRADY ORDER as to RICHARD GONTAREK. Signed by Magistrate Judge Michael A. Hammer on 9/22/2021. (jqb, ) (Entered: 09/22/2021)
09/22/2021 7 ORDER Setting Conditions of Release - Defendant released on a personal recognizance bond, surrender firearms/no firearms, PTS supervision, etc. (Finance notified). Signed by Magistrate Judge Michael A. Hammer on 9/22/2021. (jqb, ) (Entered: 09/22/2021)
09/22/2021 8 Personal Recognizance Bond Entered as to RICHARD GONTAREK (jqb, ) (Entered: 09/22/2021)
09/22/2021 9 APPLICATION for permission to enter Plea of guilty as to RICHARD GONTAREK. (jqb, ) (Main Document 9 replaced on 9/22/2021) (jqb, ). (Entered: 09/22/2021)
09/22/2021 10 PLEA AGREEMENT as to RICHARD GONTAREK (jqb, ) (Entered: 09/22/2021)
09/22/2021 NOTICE - Referral for Presentence Investigation and Presentence Investigation Schedule sent to Counsel. (jqb, ) (Entered: 09/22/2021)

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