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endangered whale sushi indictment

endangered whale sushi indictment

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Published by lisabrenner
endangered whale sushi indictment
endangered whale sushi indictment

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Published by: lisabrenner on Feb 02, 2013
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UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIAFebruary 2012 Grand JuryUNITED STATES OF AMERICA,))Plaintiff,))v.))TYPHOON RESTAURANT, INC.,)dba The Hump Restaurant,)KIYOSHIRO YAMAMOTO, and)SUSUMU UEDA, ))Defendants.))))______________________________)CR No. 13-I N D I C T M E N T[18 U.S.C. § 371: Conspiracy;18 U.S.C. § 1512(c)(2):Obstructing an OfficialProceeding; 18 U.S.C.§ 1001(a)(2): False Statement;18 U.S.C. § 545: Smuggling; 16U.S.C. §§ 1372(a)(4)(B),1375(b): Purchase, Offer toSell, Sale of Marine MammalProduct for an UnauthorizedPurpose; 18 U.S.C. § 2(b):Causing an Act to be Done]The Grand Jury charges:INTRODUCTORY ALLEGATIONSAt all times relevant to this Indictment:A.Overview of Federal Wildlife Protection Provisions1.All whales (family Cetacea) are marine mammals and areprotected under the Marine Mammal Protection Act (“MMPA”), Title16, United States Code, §§ 1361, et seq. The MMPA prohibits theimportation of a marine mammal or any marine mammal product intothe United States. The MMPA also prohibits the transportation,
purchase, sale, exportation, as well as the offer to purchase,sell, or export, any marine mammal or marine mammal product.2.Federal law also requires that all wildlife, such asmarine mammals and marine mammal products being brought into theUnited States, must be declared to the United States Customs andBorder Patrol agency at the time such wildlife is brought intothe United States.B. The Defendants3. Defendants KIYOSHIRO YAMAMOTO (“YAMAMOTO”) and SUSUMUUEDA (“UEDA”) were sushi chefs at The Hump Restaurant, a sushirestaurant located in Santa Monica, California, that was at allrelevant times owned and operated by defendant TYPHOONRESTAURANT, INC., dba The Hump Restaurant (“THE HUMP”).4.These Introductory Allegations are hereby re-allegedand incorporated by reference into each and every count of thisIndictment.2
COUNT ONE[18 U.S.C. § 371]A.OBJECTS OF THE CONSPIRACYBeginning on a date unknown to the Grand Jury and continuingto on or about March 5, 2010, in Los Angeles County, within theCentral District of California, and elsewhere, defendants THEHUMP, YAMAMOTO, and UEDA, and other co-conspirators known andunknown to the Grand Jury, knowingly conspired and agreed tocommit the following offenses against the United States:1.to fraudulently and knowingly import and bring into theUnited States merchandise, namely, whale meat, contrary to law,in violation of Title 18, United States Code, Section 545;2.to fraudulently and knowingly receive, conceal, buy,sell, and facilitate the transportation, concealment, and sale ofmerchandise, namely, whale meat, after importation, knowing thesame to have been imported and brought into the United Statescontrary to law, in violation of Title 18, United States Code,Section 545; and3. to offer to sell and sell whale meat at The HumpRestaurant, in violation of Title 16, United States Code,Sections 1372(a)(4)(B), 1375(b).B.MEANS BY WHICH THE OBJECTS OF THE CONSPIRACY WERE TO BEACCOMPLISHEDThe objects of the conspiracy were to be accomplished insubstance as follows:1.Defendants YAMAMOTO and UEDA would cause THE HUMP toorder whale meat from a co-conspirator, known to the Grand Jury,who was a fish importer (hereinafter, referred to as “co-3

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