U.S. Department of Justice Marcos Daniel
Jiménez |
|
99
N.E. 4th Street Miami, FL 33132 (305) 961-9001 |
PRESS RELEASE |
FOR IMMEDIATE RELEASE |
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June 21, 2004 | Carlos B. Castillo, Special Counsel for Public Affairs, (305) 961-9425 |
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TEXAS
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 defendant, George Norris, pleaded guilty before United States District Court Judge Patricia A. Seitz, in Miami, Florida, on Friday, June 18, 2004, to a change of conspiracy to smuggle into the United States protected orchid specimens, including specimens of the genus Phragmipedium, commonly known as Tropical ladys slipper orchids, in violation of Title 16, United States Code, Section1538(c)(1), and Title 18, United States Code, Section 371. 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. In addition to pleading guilty to the conspiracy charge, Norris pleaded guilty to six additional criminal charges related to the smuggling of orchid specimens into the United States for sale, five of those in violation of Title 18, United States Code, Section 545, and one other in violation of, Title 18, United States Code, Section, 1001(a), and admitted to a forfeiture provision in the Indictment which asserts that the orchids or their substitute value is properly forfeitable as part of the action.
Under the federal sentencing
guidelines, Norris faces a maximum statutory term of imprisonment of five (5)
years and a possible fine of up to the greater of $250,000 or twice the gain
or loss from his relevant conduct, for each of the seven counts. Norris is scheduled
to be sentenced on September 2, 2004, before Judge Seitz. Norris co-defendant,
Manuel Arias Silva, previously entered guilty pleas to two counts of the Indictment
and is awaiting sentencing on the charges.
According to the Indictment and statements in Court, Arias made several shipments
of orchids to his co-conspirator, Norris, between January of 1999 and October
of 2003. Arias would obtain a CITES permit for the shipment from Peruvian authorities,
with whom he had a long-standing relationship, authorizing the export of certain
numbers of artificially-propagated specimens of particular species of orchids.
Arias would then include in the shipment specimens of species not included on
the CITES permit. 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. 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 U.S. 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 Assistant United States Attorney Thomas Watts-Fitzgerald.
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