Tag Archives: conviction

Succulent Plant Poachers Convicted in Humboldt County

Three defendants in a succulent plant poaching case out of Humboldt County have each pled guilty to two felonies and other misdemeanor charges, the California Department of Fish and Wildlife (CDFW) and Humboldt County District Attorney’s Office announced. Felony convictions included conspiracy and false filings with the government, and misdemeanor convictions included removal of plant material from public lands and commercial sales of plants removed from public lands.

The succulent plants at the center of the investigation are called Dudleyas. They grow in unique niches close to the coastline, typically on cliffsides immediately adjacent to the water. The poachers had a network of buyers in Korea and China, where Dudleya are valued as a trendy houseplant.

Removal of Dudleya, or any vegetation in sensitive habitat, can result in environmental degradation of habitat and a destabilization of bluffs and cliffs on the coastline. Some Dudleya species are rare or at risk of extinction.

Wildlife officers worked extensively with allied law enforcement from U.S. Customs and Border Protection and U.S. Postal Service inspectors to track down and collect evidence of poaching the succulent plants for sale overseas. During the investigation, wildlife officers witnessed the three removing plants from coastal bluffs in the Humboldt Lagoons State Park. On April 4, officers found the trio in possession of 2,300 Dudleya plants and more than $10,200 in cash.

All three defendants were foreign nationals. Liu Fengxia, 37, of China, and Tae-Hun Kim, 52, and Tae-Hyun Kim, 46, both from Korea, were handed a sentence of three years and eight months in state prison and a $10,000 fine each. Judge John T. Feeney suspended the prison sentences with the conditions that the defendants are prohibited from entering the United States without prior authorization of the federal government and state courts, and prohibited from entering any local, state or national park.

In addition to the fines, the defendants will also forfeit the $10,200 to CDFW as restitution. These funds will be used specifically for the conservation of Dudleya on public lands in Humboldt County.

“Together with prosecuting Deputy District Attorney Adrian Kamada and the Humboldt County District Attorney’s Office, we hope this conviction and sentencing will send a message to those who may consider poaching California’s precious natural resources to sell overseas for personal profit,” said David Bess, CDFW Deputy Director and Chief of Law Enforcement.

The case developed from a tip from a member of the public who saw something amiss. Anyone who believes they are witness to unlawful poaching or pollution activity is encouraged to call CalTIP, CDFW’s confidential secret witness program, at (888) 334-2258 or send a text with the tip411 app. Both methods allow the public to provide wildlife officers with factual information to assist with investigations. Callers may remain anonymous, if desired, and a reward can result from successful capture and prosecution.

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Media Contact:
Capt. Patrick Foy, CDFW Law Enforcement Division, (916) 322-8911

 

Ivory Sales Lead to a Conviction in Los Angeles County

ivory figurines
Ivory figurines confiscated in the Los Angeles County case. (CDFW photo)

A Los Angeles County jury has convicted a 48-year-old man on misdemeanor charges of selling elephant ivory. Oleg N. Chakov was found guilty on April 3 in Los Angeles County Superior Court, and sentenced to 10 days in county jail in lieu of a $5,000 fine, three years probation and 30 days of community service. He is also prohibited from possessing ivory and all evidence from the case was forfeited to the California Department of Fish and Wildlife (CDFW). The penalty was set pursuant to Fish and Game Code, section 2022, which took effect on July 1, 2016.

The investigation began in March 2017, when wildlife officers from CDFW’s Trafficking Unit saw several ivory statues advertised for sale online. Officers emailed the seller and asked to meet to look at and possibly purchase the ivory statues.

Chakov told officers he worked at the Durant City Library on Sunset Boulevard and requested they meet there to conduct the sale. Chakov brought nine ivory statues to the meeting, offering to sell them for $3,000. He ultimately sold two of the statues to the undercover officers for $800.

The nine ivory statues were seized as evidence and sent to the CDFW Wildlife Forensics Lab for additional analysis. The Forensics Lab staff was able to positively identify several of the statues as proboscidean ivory (African elephant, Asian elephant, mammoth or mastodon).

“We would like to thank the Los Angeles City Attorney’s Office for their assistance in this investigation and the subsequent prosecution,” said David Bess, CDFW Deputy Director and Law Enforcement Division Chief. “The penalties assessed by this court should deter further acts of ivory trafficking and prove California’s commitment to halting the demand for ivory which contributes to poaching of elephants in their native range.”

Assembly Bill 96, authored in 2015 by then-Assembly Speaker and current Senate President Pro Tempore Toni Atkins (D-San Diego), made it unlawful to purchase, sell, offer for sale, possess with intent to sell or import with intent to sell ivory or rhinoceros horn, except as specified. A first-time violation of this law is a misdemeanor subject to specified criminal penalties and fines between $1,000 and $40,000, depending upon the value of the item.

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Media Contact:
Lt. Steve Stiehr, CDFW Law Enforcement Division, (916) 217-9206
Capt. Patrick Foy, CDFW Law Enforcement Division, (916) 651-6692

 

Massive Poached Sacramento County Deer Leads to Trophy Penalty Enhancement

A Sacramento County man entered a no contest plea Tuesday to charges of poaching a huge blacktail deer in Sacramento County. John Frederick Kautz, 51, of Lodi, was charged with possession of an illegally poached deer and falsification of deer tag reporting information, both misdemeanors, following a three-month investigation.

Poached deer with trophy-sized antlers. December 2017.
Poached deer with trophy-sized antlers. December 2017.

Kautz illegally killed the trophy-sized buck on private property in Wilton in December 2016, two months after the deer season closed in the area. The deer had an antler spread of 31 inches with four antler points on one side and five on the other, which is an unusually large size for this part of California.

Kautz transported the illegally killed deer across state lines to Nevada to have the deer head mounted by a taxidermist. Kautz was also working through the process of scoring the trophy class buck to have it entered into the Safari Club International hunting record book. The deer’s trophy-sized antlers would have been surely accepted if the animal had been legally taken. However, the poaching conviction for the buck makes it ineligible for that recognition.

Working on a tip provided in September 2017, Wildlife Officers Sean Pirtle and Anthony Marrone spent an exhaustive three months on the investigation, collecting evidence that would prove the year-old incident was an act of poaching. Through extensive interviews, multiple search warrants and forensic analysis of computer records, and with the help of the California Highway Patrol (CHP) Computer Crimes Unit, they slowly pieced together the puzzle. Then, collaborating with Nevada game wardens who conducted multiple follow-up interviews outside of California, they worked together in an attempt to track down the actual deer that had been mounted by the Nevada taxidermist.

All California wildlife officers are federally deputized to investigate fish and wildlife crimes anywhere in the United States. The wildlife officers submitted the case to the Sacramento County District Attorney’s office for prosecution.

On Dec. 19, Sacramento County Deputy District Attorney David Brown announced a plea bargain resulting in a conviction of two poaching related misdemeanors. Kautz was sentenced to two days in county jail, placed on three years probation with a search and seizure clause, ordered to surrender the mounted deer head and was prohibited by the court from hunting or accompanying anyone else who is hunting during his probation. The fine was set at $5,000 pursuant to a new legislation and regulation package which took effect on July 1, 2017, increasing penalties associated with poaching “trophy class” or very large wild game animals.

The vast majority of hunters are ethical and abide by hunting laws and regulations, including the individual who provided this tip that helped lead to Kautz’s conviction.

“We would like to thank our wildlife law enforcement partners in Nevada and the CHP, and the Sacramento County District Attorney’s office for their assistance in this investigation and the subsequent prosecution, and the hunter who gave us the original tip,” said David Bess, CDFW Deputy Director and Law Enforcement Division Chief.

“We are also pleased how the newly effective legislation and regulations package helped increase the penalties in this case to hopefully deter others from the same poaching behavior. A case like this is exactly why this package was enacted.”

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Media Contact:
Capt. Patrick Foy, CDFW Law Enforcement Division, (916) 651-6692