international wildlife smuggling - justice .u.s. v. anson wong, et al. international wildlife...

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  • U.S. v. Anson Wong, et al.International Wildlife Smuggling

    3-year undercover investigation by Special Operations Branch of USFWS

    Over a dozen illegal shipments with over 300 animals smuggled in airline baggage, FedEx shipments and commercial shipments documented

    9 targets identified; investigation supervised by ECS Wildlife Crime attorneys (no USAO involvement until indictment stage)

  • Komodo Dragon

  • Ploughshare Tortoise

  • Chinese Alligators

  • Surveillance photograph

  • Indicted in San Francisco in 9/98 on conspiracy, smuggling, Lacey Act, money laundering charges; indictment sealed.

    BUT: U.S. had no extradition treaty with Malaysia Wong told undercover agent that he would never

    come to the United States out of fear we would be arrested on charges filed earlier in Florida in a different case

    Decision was taken to lure Wong to Canada where he could be arrested and extradited

    Wong Arrest Strategy

  • 9/98:Wong lured to Mexico City when Canadian trip fell apart

  • 8/02: Wong ends extradition fight and transported to San Francisco

  • Wong pleaded guilty to 40 felonies; sentenced to 72 months in prison, $60,000 in fines

    Got credit against U.S. sentence for time served in Mexican jail

    Eight other individuals convicted of over 30 additional felonies; sentenced to over 6 years of imprisonment and over $100,000 in fines

    Wong prosecution:

    International/Transnational CooperationInternational Co-operationSituation #1: InvestigationInformal MethodsPerson to PersonUse Informal Assistance To Obtain:U.S. Agencies That Provide Informal AssistanceFormal MethodsAgency to AgencyFormal Measures Are Usually Necessary To Obtain:Types of Formal Measures:Letters RogatoryMutual Legal Assistance Treaty MLATMutual Legal Assistance Treaty (MLAT) RequestsMLAT Example: US Thailand MLAT Requests To The U.S.MLAT Request Should Contain:Treaties in ForceOther Tools For Formal and Informal Assistance MLAT Example: U.S. Thai CooperationDomestic Laws Affect MLAT Response: For ExampleSituation #2: ProsecutionExpulsionExample: U.S. v. CrutchfieldLUREKeng Liang Anson Wong, d/b/a Sungai Rusa WildlifePenang, MalaysiaU.S. v. Anson Wong, et al.Komodo DragonPloughshare TortoiseChinese AlligatorsSurveillance photographWong Arrest StrategyWong prosecution:International ExtraditionBilateral Extradition Treaties Most extraditions take place via treaty List and Dual Criminality TreatiesStages of the Extradition ProcessThe Extradition Process Provisional Arrest Formal Request for ExtraditionProsecutors AffidavitExhibitsRole of the U.S. State DepartmentRole of the Department of JusticeExtradition Proceedings in the U.S.Role of U.S. District CourtDefenses to ExtraditionAfter Order of Extraditabilty is IssuedSurrender of the FugitiveSIGNIFICANT INTERNATIONAL U.S. WILDLIFE PROSECUTIONSU.S. v. Kum and Chye -International Reptile Trafficking Some Investigative OptionsChye/Kum Spin-OffsChye/Kum Spin-OffsChye/Kum Spin-OffsOperation RenegadeOperation Renegade (contd)Operation Renegade (contd)Eggs were collected from nests in National Parks......and stored in home-made incubators at nightU.S. v. Navarang Imports, et al.Concluding ThoughtsContact:DISCLAIMER