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Vice Chair of Cal Turtle Club Guilty

turtleboysmith May 19, 2007 01:55 AM

Two indicted in tortoise smuggling
A Diamond Bar man allegedly sold the endangered reptiles shipped from Asia.
By Andrew Blankstein, Times Staff Writer
May 18, 2007

The overnight delivery packages that arrived with regularity from Asia at the Spanish-style home in suburban Diamond Bar were labeled "toys" and "action figures."

But inside, authorities said, crawled rare, endangered tortoises illegally plucked from native habitats across Asia, including India.

From Diamond Bar, at least 75 tortoises — along with some rare monitor lizards — were sold to exotic pet collectors across the country, with some of the rarest reptiles fetching thousands of dollars each.

On Thursday, authoritiesindicted two of the alleged ringleaders of the operation, capping a four-year investigation by the U.S. Fish and Wildlife Service. Authorities called the case a particularly egregious example of what is a growing black market of exotic reptiles.

"We've had snakes come into Chicago and smuggling cases involving turtles and iguanas," said Scott Flaherty, with the California office of the Fish and Wildlife Service. "But it's worldwide."

Wai Ho Gin, a.k.a. "Bobby Gin," faces more than a dozen charges of smuggling, conspiracy and money laundering.

Umesh Kishore Tekani, a.k.a. "Mexx," faces the same charges but is believed to be in Singapore, the hub for transporting the tortoises into the U.S.

The pair are among six people charged so far, including wealthy customers from Southern California to the East Coast, who allegedly bought tortoises.

The smuggled species included Burmese, Indian star, pancake and radiated tortoises as well as green tree monitors.

Tortoises, whose importation is prohibited under the Endangered Species Act, are popular for their colorful shells and distinctive shapes.

The Indian stars, for example, are known for their bright sunburst-like shells. The radiated tortoises have a shell with multiple humps and detailed patterns.

In addition to being purchased as pets, some are also used for their purported medicinal benefits or as jewelry.

Federal authorities say they have e-mail correspondence dating from August 2002 in which Tekani allegedly offered to sell and ship tortoises to Gin in Diamond Bar.

In a 33-page affidavit, federal authorities detailed how Tekani allegedly packaged the reptiles to look like toy shipments.

One shipment had a layer of toy action figures on top of newspapers, prosecutors said.

Below it were 51 live Indian star tortoises packed three to each of 17 plastic containers.

Federal investigators said they also linked Gin to ads for Burmese and Indian star tortoises placed on the website http://www.kingsnake.com .

When undercover investigators contacted him by phone in 2003, agents allege he told them he had "seven female star tortoises left at $350 each."

Gin also said there were other breeds available that he "bred and raised … at his house," the government alleged.

The agent eventually paid $600 for two of the tortoises.

The government also gathered evidence linking the shipments to Tekani.

Anthony Eaglin, Gin's attorney, said he was reviewing the case and wouldn't comment on the government's allegations "just yet."

Also indicted in the case were David Yeh, 35, of Newport Beach; Barry Lambert, 36, of La Mesa; Ralph Hoekstra, 69; of Huntington Beach and Jody Patterson, 46, of Norfolk, Va. They have pleaded guilty and been sentenced to probation.

Officials said Gin and Tekani face up to five years in federal prison, if convicted.

The statutory maximum penalty for money laundering is 20 years.

Flaherty said the federal government does not keep statistics on animal smuggling or trafficking.

But during his eight years with the Fish and Wildlife Service in the Midwest, he recalled numerous illegal cases of smuggling, not only from overseas to the United States but also across state lines.

Officials for the World Wildlife Fund, however, put the black market in exotic animals — including snakes, lizards, turtles and birds — in the billions, with profit margins that can be larger than drug dealing.

Other smuggling rings have been busted in San Francisco, London and East Coast cities.

--------------------------------------------------------------------------------
andrew.blankstein @latimes.com

Replies (17)

jmacdizz May 21, 2007 01:00 AM

by some of those names

Buslady May 22, 2007 06:18 PM

yeah i almost bought a redfoot from Bobby Gin....glad he got busted BEFORE I did.
-----
Buslady of SoCal
Breeder of Ornate Wood Turtles
Rhinoclemmys Pulcherrima Manni
Mom: Jessie; Dad: Donatello
Kids: Steve, Leo, Bender, Herbie, And baby 5

DaviDC. May 23, 2007 11:32 PM

I bought a Hermanns hatchling from Bobby Gin last October. It's got a club foot & a deformed shell & would most likely have died in the wild, but it was a bargain & I have a soft spot for flawed reptiles.

-----
DeeCee

EJ May 24, 2007 07:53 AM

So far I've read 8 different versions of this account. This particular one seems to be a combination of several cases.

From what I understand there does not seem to be much fact in all this crap and it would seem that this is a bunch of sensationalistic BS.

What's really sad is all the fellow tortoise keepers who are jumping on this band wagon and slamming these people.

Be careful folks... anyone of us can be found in this position.

Ed
http://groups.yahoo.com/group/Tortoise_Keepers/
Trying to keep the fun in Chelonian care.
-----
Ed @ Tortoise Keepers
Trying to keep the fun in Chelonian care

BarryL May 24, 2007 12:04 PM

Thanks Ed! Your absolutely correct. Take it from me....If anyone would like to hear a little bit about what happened to me as a learning experience, I'd be happy to tell it. FACTUALLY! The LA Times article and the Dept of Justice News Release is also incorrect and also portray this story as if we all got in trouble at the same time, when in actuality, I got in trouble 4yrs ago! Anyway, if anyone would like to set their "opinions" aside and just hear the "true E Hollywood" story, I'll shed some light on it.

Thanks,
Barry Lambert

jmacdizz May 24, 2007 02:59 PM

Last time I checked I wasn't receiving shipments of toys from Thailand full of illegal animals... and then selling them as captive bred or farmed. A couple of the people on that list got what they deserved, on the rest I have no comment or concern.

EJ May 24, 2007 04:03 PM

You're right with the subject line...

I guess you must be privy to some inside info. I don't seem to see anywhere the two people mentioned received any herps in place of toys although I do remember an account a few years back which was the case.

Again... some tortoise people are becoming an evil bunch. It would seem that they would rather see harm done to people more so than animals. This has gotta make some people wonder about some of these tortoise freaks.

Ed
http://groups.yahoo.com/group/Tortoise_Keepers/
Trying to keep the fun in Chelonian care.

>>Last time I checked I wasn't receiving shipments of toys from Thailand full of illegal animals... and then selling them as captive bred or farmed. A couple of the people on that list got what they deserved, on the rest I have no comment or concern.
-----
Ed @ Tortoise Keepers
Trying to keep the fun in Chelonian care

BarryL May 24, 2007 04:29 PM

All I can say that smart folks want to hear the WHOLE story. That meaning both sides, top & bottom. Not just what the press puts out. There was quite a bit of sensationalism and chest pounding in that article. I guess I'll just wait to hear from intelligent, curious, and un-opinionated people before I take the mic. Until then, I guess you can keep running with your mind made up. I'm not going to go stick my head in the sand. I have nothing to be ashamed about, but did learn A LOT!!! I have educated some folks about the reality of buying animals overseas and dealing with the Federal Govt.

Barry

littlelizard May 25, 2007 05:12 PM

I thought there may be more to this story than the quoted press release.

I would definetely like to hear more!

BarryL May 25, 2007 08:39 PM

Well, for starters, let me state that I had NEVER been in trouble in my life for anything. A speeding ticket was my worst offense. I had always been into reptiles and always had snakes even as a kid until a close friend showed me his 400lb galapagos and it was all over for me. As the post above states; "are you addicted to tortoises?". For me the answer is "yes".

4yrs ago(not last week as the press worded things) I was approached by a guy who emailed me a price list of tortoises and turtles. The prices were unbelievable! He stated that he was overseas and ships to the U.S. all the time and even named some of his customers. I asked him about needing paperwork and he said it's no problem and he did it all the time. I can't say I was totally naive, and knew I needed some paperwork, but DIDN'T know the severity of what I had in store. Afterall, I bought only 9 reptiles and was always a snake guy who didn't know anything about CITES, importing, or exporting. I wasn't hurting anyone and I've seen tons of photos where rare turtles and tortoises are being eaten by the thousands and saw that only a VERY small percentage of these animals were landing in the pet trade. It seemed politically correct to eat them, and heaven forbid we try and save one, keep one, and intend to breed them. Please keep in mind that the animals I purchased were already available online and were CITES II animals with no ESA status(but where just cheaper by the guy overseas).

To fast forward, I got my package by postal worker who was really a USF&W agent. Within two minutes of me accepting the package, roughly 15 agents (customs, USF&W, and animal control) were entering my house with my wife and children present and they had their guns out, but thankfully not pointing them at anyone. With all the chev. suburbans, I thought the President of the U.S. had come to see me. Right then I knew I did something I shouldn't have. After they informed me why they were here, I asked them if they ran a background check on me first? They said, "yes" and I asked them if it was really necessary for such a production and show of force for only 9 reptiles? (There was no answer). My home was searched and they took boxes of personal papers and documents that were obviously no way connected to reptiles, but found the need to take them anyway. They accused me of "running a business" with the reptiles I had.(with only 9 reptiles?...)

I was sentenced to two years of supervised probation and fined $1,200.00 for my crime and did not do one day in jail. Here is the delima I found.....First of all I don't expect the govt. to do nothing about folks to smuggle animals. They do need to do something. The quantity of animals I purchased was very few compared to what the press and the govt is accusing Bobby Gin of so I can't speak for him. My attorney convinced the govt. that I was just a "overzealous hobbyist" which was exactly the case. However, let me warn you that no matter how many animals you purchase, should you decide to do what I did, USFW and the federal govt. will make your life hell for quite sometime. You'll find the punishment is not worth the crime.

I've learned a TON over this experience and had to laugh at the LA Times article. How many of you make jewelry or make medicinal usages from your tortoises? None probably....Also, WWF(World Wildlife Fund) which is run by the royal family in England is the biggest conservationist group on the planet would like you to believe that smuggling is in the "billions". Find me a smuggler of reptiles who is driving around in a new Navigator, dripping in gold, and loaded with money? Nope there also. Can money be made? Sure, but not nearly as much as governments and groups would like you to believe. It surely didn't get me a new car or a trip to Hawaii.

Since the USDOJ and LA Times made the information public record, I would also like to know as a US citizen and tax payer just how much this investigation costs the U.S. citizens? I think you would be blown away by the figure. As I said, the govt. should not sit back and do nothing, but the system needs to be re-vamped. The whole process of animal smuggling is more one of politics rather than moral issues in my opinion. I could go on and on for days about this but what for? Just realize that USF&W and the federal govt. has more money and power than you can imagine. So, when your in trouble with them, just throw in the towel because you won't win. What's the moral of this story for now? DON'T knowingly buy illegal animals. If I have curbed just one persons curiosity about buying illegal reptiles, then I did my job. I have since did my homework and now operate under a USF&W CBW permit and only deal with legit radiateds, galaps, and other non ESA tortoises and turtles. I play by the rules. Their rules. Hope my story and learning experience was informative, insightful, and helpful. Some of you may still want to judge me, some may not. Just be careful who your backing because you just might find that sulcata or leopard tortoise you bought to be outlawed. There are people and groups out there in the world who do NOT want you to keep your tortoises in captivity. Until then, I love chelonians and want all people to be able to keep them and enjoy a piece of nature.

Thanks,
Barry Lambert

steffke May 25, 2007 08:46 PM

Thanks for sharing.

THAsia May 25, 2007 09:04 PM

Hi Barry,
Thanks for sharing! So how is your case at all connected with Bobby Gin? Were they just investigating both of you at the same time or was the exporter overseas the same person? When I first read the article it seemed as though Bobby Gin was importing all the torts and then the other people mentioned were just knowingly buying them from him. It sounds like your case is totally separate from his. Also, you are right, I don't think American's who smuggle are rich. I think our gov is too quick at nabbing those that are selling them here. The people that are getting rich are the ones overseas who do not have proper law enforcement to bust them. I also think many smugglers here are people who do not plan on reselling but instead just want to keep the animals they bring in. Rich collectors do not need to resell animals for a living. It probably is a big business...maybe not in the billions....but I also think that those that do it get caught sooner or later (before they ever get rich) and then someone new comes in to take their place. What do you think?
-----
Michael
http://turtletracker.com

BarryL May 25, 2007 11:31 PM

Michael,

Your absolutely correct. The real money is made by the guys overseas. The conservationists and the fed. govt would have you believing that the guys buying here and selling animals were loaded with money.....NOT!!!.......As I mentioned, sure there is a few bucks to be made, but you won't be able to support a household and family on. As for Bobby, I did NOT buy any smuggled animals from him. We both bought animals from the guy overseas separately. I did it and got caught. From what I read, it appears Bobby was buying in much greater numbers and also charged him with money laundering. I know Bobby and like Bobby. He's not a bad guy. He probably just got caught up in buying animals for quite sometime and the federal govt. decided to bust him after monitoring him for awhile. The problem is there is a great temptation and morally we validate feeling as if we are "saving" the animals from the soup pots.

Barry

EJ May 27, 2007 12:13 PM

It needs to be stressed that the herper really does not have the same rights when dealing with F/W, F/G or similar entity.

You are basically guilty until proven innocent. So, if you are a collector be careful out there. (sorry, couldn't resist)

Fortunately, most if those in law enforcement that I've dealt with are people oriented first and not really animal rights activists (if you know what I mean)
-----
Ed @ Tortoise Keepers
Trying to keep the fun in Chelonian care

buslady Jun 05, 2007 08:16 AM

anyone of us? not me. I have legal species, just 2 russians and ornate woods...purchased ligitimately. be honest, stay honest. if you have a cites animal, have proof of legal ownership
-----
Buslady of SoCal
Breeder of Ornate Wood Turtles
Rhinoclemmys Pulcherrima Manni
Mom: Jessie; Dad: Donatello
Kids: Steve, Leo, Bender, Herbie, And baby 5

eddielok Jun 20, 2007 02:21 AM

I didn't realize there was this thread going on until now. Anyways, I can't say that I'm a really close friend of Bobby Gin, but I did purchase quite a few tortoises from him before, and I did had the opportunity to go to his place to check out his turtles and tortoises. The Indian Star adults and subadults are definitely captive bred conditions in my opinion. It all has bumpy shells, and he has hundreds of eggs in the incubator. From what I remember, not just that he was breeding Indian Stars, he was also breeding Greeks, Leopards, Sulcatas, Hermanns, Redfoot, Chinese Box turtles, and Three-Striped Box turtles, etc.......All I can say is this guy is so obsessed with turtles and tortoises and I believe the ones he owns are legitimate and not smuggled. Hope that he's doing ok, and I do believe he is innocent.

Eddie

timmywonka Jul 27, 2007 01:41 AM

I bought a few leopard and indian star tortoises from Bobby before, and everytime we would meet at a parking lot in Diamond Bar, CA. There was one time where I had a chance to go to his property to pick up the tortoises because his car broke down. I guess it was lucky for me where as it's bad luck for him that his car broke down, 'cause I have a chance to check out his turtles and tortoises and his current setups. Those indian stars are legit. He has tons of them in his backyard which are mostly adult sizes and are captive bred conditions. He even showed me his incubator where there are hundreds of eggs in them. I also believe that he's innocent. Hopefully he'll be fine and can reply to this thread soon.

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