FOR IMMEDIATE RELEASE: February 4, 2005
Contacts:
Special Agent Paul Beiriger: 317-346-7014
Scott Flaherty 612-713-5309
EA05-08
Ohio Reptile Dealer Pleads Guilty to
Illegal Commercialization of Protected Reptiles
Donald B. Hamper, a reptile dealer from Columbus, Ohio, pleaded guilty today in U.S. District Court for the Southern District of Ohio to a three-count Information charging him with the illegal purchase, sale and interstate transportation of Blanding’s turtles-- and other wildlife protected by federal and state laws. By pleading guilty to the Information, Hamper waived his right to indictment and trial and agreed to serve one year and one day confinement, to pay a $3,000 fine and $7,000 restitution to the State of Michigan Fish and Game Protection Fund, and pay a $300 special assessment to the court.
In his plea agreement, Hamper admitted that between June 2001 and June 28, 2003, he knowingly participated in illegal interstate purchases and sales involving 53 Blanding’s turtles and other wildlife including spotted turtles, wood turtles, and several species of snakes. Hamper’s commercial trade in the rare turtles, valued between $30,000 and $70,000, is prohibited by various wildlife laws in Ohio, Michigan and Indiana. The interstate trade in wildlife obtained in violation of state laws is a violation of the Lacey Act, the nation’s oldest federal wildlife protection law. Maximum penalties for felony violations of the Act include imprisonment of up to five years, and fines of up to $250,000 for each offense.
In addition, Hamper agreed to donate $2,500 to the Wildlife Education Fund operated by the Ohio Department of Natural Resources and publish a statement in Reptile Magazine acknowledging his criminal conduct and describing his penalties. He also agreed to be placed on supervised probation following his release from prison during which time he is prohibited from possessing or handling any reptiles or amphibians. All of the agreed to will be evaluated by U.S. District Court Judge Algenon L. Marbley in Columbus, Ohio, prior to sentencing. No sentencing date has been set.
Hamper’s guilty plea and penalties resulted from a negotiated, global agreement between the U.S. Attorney's Office for the Southern District of Ohio, the Department of Justice, and the Franklin County, Ohio, Prosecutor’s Office. Hamper also faced prosecution in Franklin County, on violations of Ohio Revised Code and Columbus city codes involving record keeping, tagging and harboring numerous venomous Gila monsters and beaded lizards. As part of a separate plea agreement with Franklin County Prosecutor’s Office, Hamper agreed to relinquish ownership of all wildlife seized from him during the course of the investigation including the venomous Gila monsters and beaded lizards.
Hamper’s plea agreement is the result of “Operation E & T,” a joint investigation into the illegal reptile trade conducted by special agents of the U.S. Fish and Wildlife Service, and investigators of the Ohio Division of Wildlife, Michigan and Indiana Department of Natural Resources. Hamper, a co-organizer of the All Ohio Reptile Show held monthly in Columbus, bought and sold turtles and other reptiles during the All Ohio show and similar venues in Michigan and Indiana. He also sold reptiles over the Internet.
The Blanding's turtle is a medium sized freshwater turtle with an average shell length of approximately 7 to 10 inches. Blanding’s turtles are easily identified by their bright yellow chin and throat and numerous yellow speckles on its domed upper shell. The turtle is found primarily in the Great Lakes region and extends from southern Ontario west including Michigan, Wisconsin, northern Ohio, Indiana and Illinois, southern Minnesota, Iowa and Nebraska. It is protected from commercialization in most of its range.
The Blanding’s turtle is rare throughout its range and is State-listed as Endangered in Indiana and Missouri, and Threatened in Illinois, Iowa, Minnesota and Wisconsin. The Blanding’s turtle is a species of Special Concern in Michigan and Ohio. It is also highly prized by those in the reptile trade.
The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 63 Fish and Wildlife Management offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.
-FWS-
