Many people are familiar with the Joe Exotic and Carol Baskin saga from television. The Joe Exotic case is an example of criminal activity involving the Endangered Species Act. Federal exotic animal crimes make it illegal to buy, traffic, transport, or possess wildlife in many circumstances. The primary federal law regulating exotic animal possession and purchase is known as the Lacey Law, which was enacted in 1900. There are additional federal wildlife laws that also govern the possession, sale, and purchase of exotic animals, exotic animal parts, flora, fauna, and even plants and lumber.
Steve Smith was involved as lead counsel for the defense in only the second federal trial in United States history for the importation of rare Narwhal whale tusks. In defending the Narwhal case, Steve developed significant expertise in the Endangered Species Act and The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). He has dealt extensively with the Department of Justice’s Environmental and Natural Resources Division.
Many people who are charged with exotic wildlife violations have no idea that they have purchased or are in possession of illegal products. They may have relied on a trusted third-party seller, a certified organization, or have even received the items as a gift. The penalties, however, are harsh and include prison time or fines up to half a million dollars. It is critical to understand the charges against you and the possible penalties.
In addition to the penalties mentioned above, those charged with federal wildlife violations may also be subject to additional penalties, including imprisonment, forfeiture of all illegal exotic animals or trophies and/or proceeds derived from them, prison time, community service, or the loss or revocation of state and federal hunting and fishing permits.
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