You are on page 1of 5

Case 1:12-cr-00036 Document 4 Filed 10/19/12 Page 1 of 5

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

UNITED STATES OF AMERICA, Plaintiff,

Criminal Case No. INDICTMENT

11
12
13
V.

14 15 16 17 18

JUAN MANGLONA AYUYU and RYAN JAMES INOS MANGLONA, Defendants.

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-

Case 1:12-cr-00036 Document 4 Filed 10/19/12 Page 2 of 5

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

$5 3371-3378, to, among

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

13 Mariana Islands, the defendants 14 15

JUAN MANGLONA AYUYU and RYAN JAMES INOS MANGLONA


knowingly and intentionally conspired and agreed together and with each other to commit the following offenses against the United States: a. to violate the Endangered Species Act, that is, to knowingly possess, deliver, carry, transport, and ship, by any means whatsoever, a threatened species, to wit: Mariana fruit bat (Pteropus mariannus mariannus), which had been taken in violation of 50 C.F.R. $0 17.21(a), 17.21(c), 17.3l(a), an offense pursuant to 16 U.S.C. $0 1538(a)(l)(G) and 1540(b)(l) and 50 C.F.R. 5 17.21(d); and b. to violate the Lacey Act, that is, to knowingly transport, receive, and acquire wildlife, to wit: Mariana fruit bat (Pteropus mariannus mariannus),when, in the exercise of due care, one should know that the wildlife had been taken, possessed, transported, and sold in violation of and in a manner unlawful under the laws and regulations of the United States, specifically the Endangered Species

16
17 18 19
20

21 22 23 24 25 26
27

28

-2-

Case 1:12-cr-00036 Document 4 Filed 10/19/12 Page 3 of 5

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

1538(a)(l)(G), 1540(b)(l)), an offense pursuant to 16 U.S.C.

$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

MANGLONA would be dropping off baggage for AYUYZJ;


d.

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.

All in violation of Title 18, United States Code, Section 371.

27 28 -3-

Case 1:12-cr-00036 Document 4 Filed 10/19/12 Page 4 of 5

2
3
5.

COUNT TWO Violation of the Endangered Species Act


The allegations contained in paragraphs 1-4, including all subsections, are re-alleged

4
5

and incorporated as though fully set forth herein.

6.

On or about October 17, 2010, on the island of Rota in the District of the Northern

6 Marianas Islands, the defendants


7 8 9

JUAN MANGLONA AYUYU and RYAN JAMES INOS MANGLONA


aiding and abetting each other, did knowingly possess, and did attempt to unlawfully possess, and solicit and cause a person to unlawfully possess, a threatened species, to wit: Mariana fmit bat

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

COUNT THREE Violation of the Lacey Act


7.

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

Marianas Islands, the defendants

JUAN MANGLONA AYUYU and RYAN JAMES INOS MANGLONA


aiding and abetting each other, did knowingly transport, receive, and acquire wildlife, and did attempt
to unlawfully transport, receive, and acquire wildlife, to wit: eight (8) Mariana fmit bats (Pteropus

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-

Case 1:12-cr-00036 Document 4 Filed 10/19/12 Page 5 of 5

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

17.21(a), 17.21(c), 17.21(d), 17.31(a), and 16 U.S.C.

$6

1538(a)(l)(G),

4
5 All in violation of 16 U.S.C.
6

$0 3372(a)(1), 3372(a)(4), 3373(d)(2); 18 U.S.C. 0 2.

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

GARTH R. BACKE Assistant U.S. Attorney

19
20
21

22 23
24

25
26

27 28 -5-

You might also like