U.S. Department of Justice

Marcos Daniel Jiménez
United States Attorney for the
Southern District of Florida

 
99 N.E. 4th Street
Miami, FL 33132
(305) 961-9001

PRESS RELEASE


FOR IMMEDIATE RELEASE

For Information Contact Public Affairs
May 14, 2004 Carlos B. Castillo, Special Counsel for Public Affairs, (305) 961-9425
Yovanny Lopez, Public Affairs Specialist, (305) 961-9316

PERUVIAN ORCHID GROWER PLEAS GUILTY IN MIAMI
TO SMUGGLING PROTECTED PERUVIAN ORCHIDS

Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida, announced that on May 13, 2004, defendant, Manuel G. Arias Silva, pleaded guilty before Federal District Court Judge Patricia A. Seitz to the charge of conspiring to smuggle into the United States protected orchid specimens, including specimens of the genus Phragmipedium, commonly known as Tropical lady’s slipper orchids. All species of orchid are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty to which the United States and Peru, along with over 160 other nations, are parties. The United States implements CITES through the Endangered Species Act. Arias also pleaded guilty to one count of making a false statement to federal authorities in violation of 18 U.S.C. § 1001(a), for presenting a false declaration to federal authorities when he entered the United States in March, 2004, at Miami International Airport.

Arias faces a maximum term of imprisonment of five years on each count and a $250,000 fine. Arias’ sentencing hearing is scheduled for July 27, 2004, at 8:30 a.m. Arias’ co-defendant, George Norris, is awaiting trial.

According to the Indictment and statements in Court, Arias made several shipments of orchids to his co-defendant between January of 1999 and October of 2003. Arias would obtain from Peruvian authorities CITES permits for the shipments authorizing the export of certain numbers of artificially-propagated specimens of particular species of orchids. Arias then would include in the shipments specimens of species not included on the CITES permits. Arias admitted that he, in order to conceal his illegal activity, would falsely label the protected species as a species listed on the permits. Arias would provide Norris a code or “key” that would provide a means for deciphering the false labels and identifying the true species of the orchids. One shipment in February of 2003 allegedly included some 1,145 specimens, of which approximately 490 were of species not authorized for export by the accompanying CITES permit.

Mr. Jiménez commended the investigative efforts of the United States Fish and Wildlife Service, the Department of Homeland Security, Customs and Border Protection Service, and the Department of Agriculture. The case is being prosecuted by the Assistant United States Attorney Thomas Watts-Fitzgerald, and the Wildlife and Marine Resources Section of the Department of Justice.

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