In a message dated 7/13/2004 3:11:52 AM US Mountain Standard Time,
[EMAIL PROTECTED] writes:
" . . . Norris and Arias admitted by their pleas that to conceal their
illegal activity, they would falsely label the protected species as a
species
included on the
permit." If this is the case, no crime was committed in this country by
Arias - it was committed in Peru. Why is he being prosecuted in this country
for a crime
committed in Peru? This country has no jurisdiction to take action against
someone who commits a crime outside this country. Just what game is the
government trying to pull here? Anybody have comments on this?
We defended a person accused of smuggling endangered reptiles into and out
of the United States a couple of years ago. The Lacey Act criminalizes
importing plants taken in violations of treaties (which might include CITES)
and
animals, but not plants, taken in violation of foreign law. Title 16 United
States Code section 3372 provides:
(a) Offenses other than marking offenses b It is unlawful for any person
b
(1) to import, export, transport, sell, receive, acquire, or purchase any
fish or wildlife or plant taken, possessed, transported, or sold in violation
of any law, treaty, or regulation of the United States or in violation of
any Indian tribal law
(2) to import, export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce -
(A) any fish or wildlife taken, possessed, transported, or sold in
violation of any law or regulation of any State or in violation of any
foreign
law
(B) any plant taken, possessed, transported, or sold in violation of
any law or regulation of any State;
However, the mention of false labeling means that the activity fell under
subsection d of the Lacey Act:
(d) False labeling offenses b It is unlawful for any person to make or
submit any false record, account, or label for, or any false
identification of, any fish, wildlife, or plant which has been, or is
intended to be b
(1) imported, exported, transported, sold, purchased, or received from
any foreign country
I think the idea is that the United States can control what comes into the
country by excluding plants or animals illegally taken in other countries, and
punish misleading claims about what is being imported.
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