dead bat smuggling indictment

7/27/2019 Dead Bat Smuggling Indictment

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ALICIA A.G. LIMTIACOUnited States AttorneyGARTH R. BACKEAssistant U.S. AttorneyHoriguchi Building, Third FloorP.O. Box 500377

Saipan, MP 96950Telephone: (670) 236-2980Facsimile: (670) 236-2985

Attorneys for the United States of America

UNITED STATES DISTRICT COU RTDISTRICT OF THE N ORTHER N MARIANA ISLANDS

UNITED STATES OF AMERICA,

Plaintiff,

V.

JUAN MAN GLONA AYUYU andRYAN JAM ES INOS MANGLONA,

Defendants.

Crim inal Case No.

INDICTMENT

Cou nt One: Conspiringto Violate theEn dan gere d Species and Lacey Acts (18U.S.C. $ 371 ; 16 U.S.C. $01538(a)(l)(G), 15 40(b)(l), 3372(a)(l),3373(d)(2))

Co unt Two: Violation of the EndangeredSpecies Act (16 U.S.C. $0 1538(a)(l)(G),1538(g), 154 0(b)(l);18 U.S.C. 0 2)

Co unt Three: Violationof the Lacey Act(16 U.S.C. $3 3372 (a)(l), 3372(a)(4),3373(d)(2); 18 U.S.C. $ 2)

THE G RAND JURY CHARGES:

C O U N T O N EConspiring to V iolate the En dan gere d Species and L acey Acts

Introduction

At all times relevant to this Indictment:

1. On February 7,2 00 5, fruit bats found in the Com monw ealth of the Northern Maria

Islands (CNMI), known by their Chamorro name Fanihi, or by their scientific namePteropus

mariannus mariannus (hereinafter referred to as Mariana fruit bat), were officially listed as

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Case 1:12-cr-00036 Document 4 Filed 10/19/12 Page 1 of 5


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threatened species after the U.S. Fish and Wildlife Service (USFWS) determined the bats h

experienced a significant decline in nu mbers d ue to factors such as loss o f habitat and illegal hunt

Federal Register, Vol. 7 0, No.4, pp. 1190-1210 (2005).

2. As a result of being listed as a threatened species, in addition to the protections alrea

afforded under local law, it becamea federal offense under the Endangered Sp ecies Act, 16 U.S.C.!$

1531 et seq., to, amon g other things, possess any Mariana fruit bats which had been hunted, harm

shot, or killed, as well a s a separate offense under the Lacey Act, 16 U.S.C.$ 53371-3378, to, among

other things, transport or receive any Mariana fruits bats which a person k new, or sho uld haveknown,

had been hun ted, harmed, shot, or killed.

The ConsDiracy3. On or about O ctober 17, 20 10, on the island of Rota in the District of the Northe

Mariana Islands, the defendants

JUAN MANGLONA AYUYU andRYAN JAMES INOS MANGLONA

knowingly and intentionally conspired and agreed together and with each other to commit

following offenses against the U nited States:

a. to violate the Endan gered Species Act, that is, to know ingly possess, deliv

carry, transport, an d ship, by any m eans wh atsoever, a threatened species,to wit:

Mariana fruit bat (Pteropus mariannus mariannus), which had been taken in

violation of50 C.F.R. $0 17.21(a), 17.21(c), 17.3 (a), an offense pursuant to 1

U.S.C. $0 1538 (a)(l)(G) and 1 540(b)(l) and50 C.F.R. 5 17.21(d); and

to violate the Lacey Act, that is, to knowingly transport, receive, and acqui.

wildlife, to wit:Mariana fruit bat(Pteropus mariannus mariann us), when, in the

exercise of due care, one shouldknow that the wildlife had been taken

possessed, transported, and sold in violation of and ina manner unlawful under

the law s and regulations of the U nited States, specifically the E ndangered Speci

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Act an d its regulations(50 C.F.R. $5 17.21(a), 17.21(c), 17.21(d), 17.31(a); 1

U.S.C. $9 1538(a)(l)(G), 1540(b)(l)), an offense pursuant to 16U.S.C. $0

3372(a)(l) and 3373(d)(2).

Overt Acts in Furtherance of the ConsDiracy

4. In furtherance of the conspiracy, and to effect the objects thereof, one or m ore of t

defendants committed the following overt acts, among others, in the Districtof the Northern Mariana

Islands, all such acts occurring on October 1 7, 20 10:

a.

b.

C.

d.

e.

AYUYU and MANGLONA met at AYUYUs residence on Rota;

MANGLONA affixed packing tape around a brown cardboard box containin

eight (8) dead M ariana fruit bats concealed und erneath approximately forty (4pounds of lemons;

At or around4: 17 p.m.,AYUYU, using his cellular telephone (670-XX X-8853

called Freedom Airs office (670-XXX -5005) and spoke to one of its employe

an individual known to the Grand Jury, and told the employee th

MANGLONA would be dropping off baggage forAYUYZJ;

MANGLONA, together with another individual know n by the G rand Jury, drov

to the Rota A irport and delivered the box co ntaining the eight (8) dead Maria

fruit bats to the Freedom A ir employee at the Freedom Air check -in counter; a

At or around5 : O Op.m.,AYUYU checked into Freedom Air Flight300 boundfor

Saipan.

All in violationof Title 18, United States Code, Section 371.

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COUNT TW OViolation of the Endangered Species Act

5 . The allegations contained in paragraphs 1-4, including all sub sections, are re-alleg

and incorporated as though fully set forth herein.

6. On or abo ut O ctober 17, 2010, on the island of Rota in the D istrict of the Northe

Marianas Islands, the defendants


aiding and abetting each other, did knowingly possess, and did attempt to unlawfully possess, a

solicit and cause a person to unlawfully possess, a threatened species,to wit: Mariana fmit bat

(Pterupus rnariannus mariann us), which had been taken in violationof 50 C.F.R. 17.21(a),17.21(c), 17.31(a).

All inviolation of16 U.S.C. $8 1538(a)(l)(G), 15 38(g), 154 0(b)(l); 50 C.F.R.8 17.21(d); 18U.S.C.

$ 2.

COUNT THREEViolation of the Lacey Act

7. The allegations contained in p aragraphs1-6, including a ll subsections, are re-alleged

and incorporated as though fully set forth herein.

8. On or about October 17, 2010, on the islandof Rota in the D istrict of the Northern

Marianas Islands, the defendants


aiding and abetting each other, did know ingly transport, receive, and acquire wildlife, and did attem

to unlawfully transport, receive, and acquire wildlife,to wit: eight (8) Mariana fmit bats(Pteropus

vnariannus mariannus), when, in the exercise of due care, the defendants should hav eknown said

wildlife had been taken, possessed, transported, and sold in violationof and in a manner unlawful

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under the laws and regulationsof the Un ited S tates, specifically the Endangered Species Act and i

regulations (50 C.F.R. $ 3 17.21(a), 17.21(c), 17 .21(d), 17.31(a), and16 U.S.C. $ 6 1538(a)(l)(G),

1538(g), 1540(b)(l)).

All in violation of 16 U.S.C. $0 3372(a)(1), 3372(a)(4), 3373(d)(2); 18 U.S.C.0 2.

A TRUE BILL:

By:

ALICIA A. G. LIMTIAC OUnited States AttorneyDistrict of the Northern M ariana Islands

GARTH R. BACKEARTH R. BACKEAssistant U.S . Attorney

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/ k w !FCgEZJE RSON


Signature Redacted

dead bat smuggling indictment

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