Professional Documents
Culture Documents
1 ALICIA A.G. LIMTIACO United States Attorney 2 GARTH R. BACKE Assistant U.S. Attorney 3 Horiguchi Building, Third Floor P.O. Box 500377 4 Saipan, MP 96950 5 Telephone: (670) 236-2980 Facsimile: (670) 236-2985 6 Attorneys for the United States of America 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF THE NORTHERN MARIANA ISLANDS 9
10
11
12
13
V.
14 15 16 17 18
Count One: Conspiring to Violate the Endangered Species and Lacey Acts (18 U.S.C. $ 371; 16 U.S.C. $0 1538(a)(l)(G), 1540(b)(l), 3372(a)(l), 3373(d)(2)) Count Two: Violation of the Endangered Species Act (16 U.S.C. $0 1538(a)(l)(G), 1538(g), 1540(b)(l); 18 U.S.C. 0 2) Count Three: Violation of the Lacey Act (16 U.S.C. $3 3372(a)(l), 3372(a)(4), 3373(d)(2); 18 U.S.C. $ 2)
19
20 THE GRAND JURY CHARGES:
21
22 23 24 25 26 27 28
COUNT ONE Conspiring to Violate the Endangered Species and Lacey Acts Introduction At all times relevant to this Indictment:
1.
On February 7,2005, fruit bats found in the Commonwealth of the Northern Mariana
Islands (CNMI), known by their Chamorro name Fanihi, or by their scientific name Pteropus
mariannus mariannus (hereinafter referred to as Mariana fruit bat), were officially listed as a
-1-
1 threatened species after the U.S. Fish and Wildlife Service (USFWS) determined the bats had 2 3 4 5 experienced a significant decline in numbers due to factors such as loss of habitat and illegal hunting. Federal Register, Vol. 70, No. 4, pp. 1190-1210 (2005). 2. As a result of being listed as a threatened species, in addition to the protections already
afforded under local law, it became a federal offense under the Endangered Species Act, 16 U.S.C. !$ 1531 et seq., to, among other things, possess any Mariana fruit bats which had been hunted, harmed, shot, or killed, as well as a separate offense under the Lacey Act, 16 U.S.C.
6
7 8 9 10 11 12
other things, transport or receive any Mariana fruits bats which a person knew, or should have known, had been hunted, harmed, shot, or killed. The ConsDiracy
3.
On or about October 17, 20 10, on the island of Rota in the District of the Northern
16
17 18 19
20
21 22 23 24 25 26
27
28
-2-
1 2
Act and its regulations (50 C.F.R. $5 17.21(a), 17.21(c), 17.21(d), 17.31(a); 16
U.S.C.
$9
$0
3
4
3372(a)(l) and 3373(d)(2). Overt Acts in Furtherance of the ConsDiracy 4. In furtherance of the conspiracy, and to effect the objects thereof, one or more of the
5
6
defendants committed the following overt acts, among others, in the District of the Northern Mariana Islands, all such acts occurring on October 17,2010:
7 8
9
10
a. b.
AYUYU and MANGLONA met at AYUYUs residence on Rota; MANGLONA affixed packing tape around a brown cardboard box containing
eight (8) dead Mariana fruit bats concealed underneath approximately forty (40) pounds of lemons;
11
12 13
14
C.
At or around 4: 17 p.m., AYUYU, using his cellular telephone (670-XXX-8853), called Freedom Airs office (670-XXX-5005) and spoke to one of its employees, an individual known to the Grand Jury, and told the employee that
15
16
17 18
MANGLONA, together with another individual known by the Grand Jury, drove
to the Rota Airport and delivered the box containing the eight (8) dead Mariana fruit bats to the Freedom Air employee at the Freedom Air check-in counter; and
19
20 e. 21 22 23 24 25
26
At or around 5:OO p.m., AYUYU checked into Freedom Air Flight 300 bound for Saipan.
27 28 -3-
2
3
5.
4
5
6.
On or about October 17, 2010, on the island of Rota in the District of the Northern
10
11
(Pterupus rnariannus mariannus), which had been taken in violation of 50 C.F.R. 17.21(a),
17.21(c), 17.31(a). All inviolation of 16 U.S.C. $8 1538(a)(l)(G), 1538(g), 1540(b)(l); 50 C.F.R. 8 17.21(d); 18 U.S.C.
$ 2.
12 13 14
15
16 17 18
19
20
The allegations contained in paragraphs 1-6, including all subsections, are re-alleged
and incorporated as though fully set forth herein. 8. On or about October 17, 2010, on the island of Rota in the District of the Northern
21 22
23
24 25 26 27
vnariannus mariannus), when, in the exercise of due care, the defendants should have known said
wildlife had been taken, possessed, transported, and sold in violation of and in a manner unlawful 28 -4-
1 under the laws and regulations of the United States, specifically the Endangered Species Act and its 2 3 regulations (50 C.F.R. 1538(g), 1540(b)(l)).
$3
$6
1538(a)(l)(G),
4
5 All in violation of 16 U.S.C.
6
8
9 10
A TRUE BILL:
Signature Redacted FCgEZJE RSON
11 12 13 ALICIA A. G. LIMTIACO United States Attorney District of the Northern Mariana Islands
/kw!
14
15
16 By: 17 18
19
20
21
22 23
24
25
26
27 28 -5-