This is a compilation of the latest news on the federal case against
Tony Silva.
>PROMINENT PARROT EXPERT PLEADS GUILTY TO WILDLIFE AND TAX
>FELONIES: The
>U.S. Department of Justice recently issued a press release reporting
the
>following: On January 30, 1996, in Chicago, Illinois, James B. Burns,
>United States Attorney for the Northern District of Illinois,
announced that
>Tony Silva, 36, an Internationally prominent Chicago area writer and
>lecturer on the plight of endangered parrots in the wild, pleaded
guilty on
>January 30, 1996, in U.S. District Court to conspiracy to violate
wildlife
>and customs laws and filing a false income tax return. Silva
admitted his
>role in a far-reaching conspiracy involving his mother, Gila Daoud,
63, and
>others to violate the Lacey Act and U.S. Customs requirements between
1986
>and 1991 by smuggling or attempting to smuggle various highly
protected
>species of birds trapped in the wild in South America, including a
>substantial number of hyacinth macaws (Anodorhynchus hyacinthinus),
into the
>United States. In pleading guilty to the tax charge, Silva admitted
>under-reporting his income on his 1988 federal income tax return.
>
>Silva faces a maximum term of imprisonment of five and three years on
the
>conspiracy and tax charges, respectively, and a maximum fine of
$250,000 on
>each count, or, alternatively, a fine totaling not more than twice the
>defendant's gross gain, or twice the gross loss to any victim,
whichever is
>greater. U.S. District Judge Elaine Bucklo set a two-day sentencing
>hearing for March 6-7, 1996, and set sentencing at 2:45 p.m. on April
26,
>1996.
>
>The hyacinth macaw, native to Brazil and likely in very small numbers
in
>adjacent Bolivia and Paraguay, has become quite rare outside of
captivity,
>with its wild population thought to number between 2,000 and 5,000
birds.
>Because it is the largest psittacine bird species (parrots, macaws and
>related birds), extremely intelligent, and among the most beautiful
with
>its brilliant blue plumage, the hyacinth macaw has been a highly
>sought-after species by bird collectors. Individual birds have
typically
>sold for between $5,000 and $12,000. The hyacinth macaws' rarity and
>precarious status in the wild has accorded it the highest level of
>protection provided under the CITES treaty. Brazil, Bolivia and
Paraguay,
>in addition to being Parties to CITES, have domestic legislation
>prohibiting the export of wild-caught hyacinth macaws and other
>psittacines. The Lacey Act, as well as U.S. Customs law, makes it a
felony
>for individuals to import any species knowing that it is prohibited
from
>import under CITES.
>
>In the plea agreement filed with the court, Silva admitted that in
1989 he>purchased a "substantial number" of wild-caught hyacinth
macaws from>co-defendant Gisela Caseres (a/k/a Ann Koopman) and paid
her to hold them>in Paraguay while scheming with another co-defendant,
Hector Ugalde, to>smuggle them into the United States. The
conspirators were unsuccessful in>their efforts to smuggle the birds
into the United States, which focused on>flying them to Mexico and
moving them across the border. The Government>has alleged that Silva
and the other co-conspirators were attempting to>smuggle a group of at
least 50 hyacinth macaws into the United States.
>
>Silva also admitted to being involved as early as 1986 in successful
efforts>to smuggle highly protected species of birds, including golden
conures>(Aratinga guarouba), vinaceous amazons (Amazona vinacea),
crimson-bellied>conures (Pyrrhura rhodogaster), yellow-shouldered
amazons (Amazona>barbadensis), blue-throated conures (Pyrrhura
cruentata), and other hyacinth>macaws out of South America into the
United States. Some of these species>are so rare in the United States
as to be unavailable in the lawful>commercial market. Silva also
stipulated that he willfully obstructed the>Government's investigation
into his wildlife and tax crimes, and that he>willfully and
substantially under-reported his income in other tax years>between
1986 and 1990.
>
>Also on January 30, 1996, Daoud pleaded guilty to one felony count of
>assisting Silva in the filing of his false 1988 income tax return.
Daoud>faces a maximum term of imprisonment of three years and a
maximum fine of>$250,000. In her plea agreement filed with the court,
Daoud also>stipulated that she was a co-conspirator in the scheme to
smuggle the>hyacinth macaws and other protected wildlife into the
United States.
>
>Ugalde, from near Miami, pleaded guilty to conspiracy in January 1995
for>his role in smuggling the group of hyacinth macaws into the United
States.
>Ugalde has cooperated with the Government's investigation and awaits
>sentencing. Caseres is a Paraguayan national and has remained a
fugitive>in this case.
>
>The Government has alleged that not only were birds smuggled and sold
for>profit, but that many hyacinth macaws died shortly after being
shipped from>South America to the United States as a consequence or
being trapped and>secretly shipped. The Government contends that the
wildlife involved in>theoverall smuggling scheme, including several
primates such as spider>monkeys and marmosets in addition to various
species of birds, had a retail>market value of between $800,000 and
$1.5 million.
>
>Silva is the author of several books on the subject of birds
including "A>Monograph of Endangered Parrots," published in 1989, in
which he described>the hyacinth macaw as "being worth its weight in
gold." He also has>written numerous articles including a 1991 piece
in American Cage-Bird>Magazine, entitled "The Hyacinth Macaw: Its
Status and Captive Breeding,">in which he wrote: "Unless all of the
pressures (including illegal trade)>ae brought under control, this
species may be unable to survive in the>world to greet the 21st
century."
>
>Silva, Daoud, and Ugalde have been arrested and prosecuted as part of
the>Department of Justice's and U.S. Fish and Wildlife Service's
nationwide>crackdown on wildlife smuggling. As part of this
investigation, the Fish>and Wildlife Service's Special Operation's
Branch - which specializes in>complex investigations of wildlife
criminals - taped over 100 conversations>between Silva or Daoud and a
cooperating witness, many of which concern the>smuggling.
>
>Illegal international wildlife smuggling is estimated to be a $5
billion>annual industry, generating more profit than illegal arms
sales and second>only to the world-wide drug trade.
>
>The prosecution has been a joint effort led by the United States
Attorney's>Office in Chicago, investigated by the Fish and Wildlife
Service and the>Internal Revenue Service and assisted by the Wildlife
and Marine Resources
>Section of the Environment and Natural Resources Division of the
Justice>Department.
>
>U.S. Attorney Burns said: "It is disgraceful that Mr. Silva, who
obviouslyunderstands the value of these rare birds, has engaged in
activity that>proved directly fatal to many hyacinth macaws and other
highly endangered>species that were smuggled illegally. It is
unconscionable that a person>of Mr. Silva's stature in the avicultural
community would contribute,>ultimately, to the illicit process that
threatens these exquisite creatures>with extinction. We hope that
others who might consider committing such>crimes understand that we
will not allow them to profit personally at the>expense of such
precious resources."
>
>Lois J. Schiffer, the Assistant Attorney General in charge of the
Justice>Department's Environment and Natural Resources Division, said:
"The>defendants were involved in nothing less than plundering the
national>treasures of other countries. These crimes threaten not only
our ability>but that of the international community to protect
endangered species and>global bio-diversity. We are deeply committed
to prosecuting these cases."
>
>Burns and Schiffer praised the Fish and Wildlife Service's Special
>Operations Branch and the Internal Revenue Service's Criminal
Investigation>Division for the professionalism and dedication of their
criminal>investigators over the course of this lengthy and complex
international>investigation.
LETTERS NEEDED TO JUDGE IN WILDLIFE SMUGGLING CASE
On 29 January 1996 Tony Silva of Illinois pled guilty to bird
smuggling.
He
also smuggled primates. There will be a two-day hearing in his case on
6-7
March 1996 and sentencing will be on April 26 at 2.45 p.m. Silva pled
guilty
to Counts One and Sixteen of the second superceding indictment. After
sentencing, Counts 2-15 will be dismissed.
Please read the following and send letters to:
Judge Elaine E. Bucklo
US District Court
Northern District of Illinois
219 South Dearborn Street
Chicago IL 60604
with a copy to:
Ms Renee W. Mulliken
US Probation Officer
55 East Monroe, Suite 1500
Chicago IL 60603
Letters should emphasise the harm that wildlife smugglers are causing
endangered species, bringing them closer to extinction and the
suffering
endured by smuggled animals. Species are disappearing in the wild in
part
so
that US nationals can fulfil their desires for exotic parrot pets, a
totally
unnecessary item.
Get your friends to write too. Letters from children who will inherit
the
world looted by wildlife poachers and smugglers would be most welcome.
Extracts from the 27-page plea agreement follow. These should help you
develop your own arguments. Be polite and respectful in all
correspondence
with judicial personnel. Address Judge Bucklo as "Your Honor."
PLEA BARGAIN EXTRACTS
Defendant will plead guilty because he is in fact guilty of the
charges contained in Counts One and Sixteen of the second superceding
indictment. In pleading guilty, the defendant admits the following
facts
and
that those facts establish his guilt beyond a reasonable doubt.
(a) With respect to Count One of the indictment, defendant acknowledges
that:
(1) Between approximately 1986 and late 1991, defendant Silva conspired
with
numerous individuals to acquire, purchase, export from various South
American countries, transport, import into the United States, receive
and
sell, in interstate and foreign commerce, protected wildlife in
violation
of
United States and international laws and treaties regulating the
wildlife
trade. Among those with whom defendant conspired were co-defendants
Gila
Daoud, Hector Ugalde, and Gisela Casares, and several unindicted
conspirators including Horacio Cornejo, Larry Lafeber, Mario Tabraue,
and
others.
(2) Between approximately 1986 and late 1991, defendant obtained
wildlife
that had been illegally exported from South American countries by
Horacio
Cornejo, Gisela Caseres, and others, to the United States. The
importer of
record of these shipments was Larry Lafeber and, occasionally, other
individuals. After taking possession of the illegally imported
wildlife,
and
knowing the wildlife to have been illegally imported, defendant
offered to
sell, and sold the illegally imported wildlife to various individuals
in
the
United States and elsewhere.
(3) In approximately 1986, defendant and Larry Lafeber began buying
protected psittacines (i.e. parrots, macaws and related birds) from
Horacio
Cornejo, a bird suplier in Argentina. Cornejo obtained the protected
psittacines he sold and shipped from various sources, including Gisela
Caseres. Because Paraguay and Brazil, where many of the birds were
caught,
did not permit the export of any wild-caught psittacines, Caseres and
others
smuggled the animals to Cornejo in Argentina. Cornejo in turn would
send
the
wildlife by air to defendant and Lafeber in Chicago. During 1986 and
1987,
Cornejo sent several illegal shipments of protected birds. Neither
defendant
nor Cornejo nor any other individual associated with these shipments
obtained the required CITES permits for any of the illegally imported
birds.
On at least two occasions, defendant traveled to South America to make
the
necessary arrangements for these shipments.
(4) Defendant imported protected birds into the United States with the
help
of Larry Lafeber. Lafeber owned a bird importation business and, in
conjunction with that business, operated a quarantine station in
Rosemont,
Illinois. Lafeber purchased birds (primarily blue-fronted amazons) from
Cornejo and impoirted them under these permits to the United States.
The
illegal birds would be commingled with the birds comprising Lafeber's
legal
shipments: Cornejo would mark the crates that contained illegally
imported
birds in such a way that defendant and Lafeber could eaily identify
them.
Defendant and Lafeber met the shipments from Cornejo when they arrived
at
O'Hare Airport. They escorted the shipments to Lafeber's quarantine
station,
where the crates were unloaded and placed in a sealed section of the
station. While the Department of Agriculture employee who was preparing
the
quarantine paperwork in the front office of the quarantine station was
being
distracted, Lafeber would slip the seal from the back door of the
quarantine
station and push the crates containing the illegally imported birds
outside,
where they were picked up by others assisting in the illegal operation.
(5) Towards the end of 1987, defendant and Lafeber began using South
American exporters other than Cornejo to ship the illegally imported
birds
that Gisela Caseres continued to supply. Lafeber continued to purchase
Blue-fronts and to import them under permits: Caseres continued to hide
protected birds in the shipments of blue-fronts to defendant and
Lafeber.
Caseres traveled from Chicago to South America during 1987 or 1988 to
meet
with defendant, Daoud, and Lafeber. While Caseres was in Chicago,
defendant
and others discussed future shipments of hyacinth macaws from Caseres
to
Silva. Shortly thereafter, defendant moved to the Canary Islands on
Spain
and financial difficulties forced Lafeber to close his quarantine
station.
(6) During the period from approximately 1986 through late 1988, the
types
of protected and illegally imported psittacines defendant received from
Cornejo and Caseres included the following species:
(1) hyacinth macaws
(II) golden conures
(III) red-fronted macaws
(iv) vinaceous amazons
(v) toco toucans
(vi) yellow-collared macaws
(vii) blue-fronted amazons
(viii) Illiger's macaws
(7) Sometime in 1989, defendant purchased a substantial number of
hyacinth macaws that Gisela Caseres had obtained in the wild in South
America.
Defendant also provided additional money to Caseres for the purpose of
maintaining and caring for these hyacinth macaws, which defendant and
others intended to illegally export and cause to be illegally exported
out of South America and illegally imported into the United States.
Defendant and Caseres made arrangements for the transportation of the
hyacinths to Mexico by air.
Defendant recruited others, including Hector Ugalde, to further
arrange to transport the hyacinths surreptitiously across the
Mexico-US border
without going through US Customs or into a United States Department of
Agriculture regulated quarantine facility.
(8) In April 1989 defendant moved to Tenerife, Spain, in the Canary
Islands, to serve as curator of birds at Loro Parque, a privately
owned wildlife facility. While in Loro Parque, defendant continued his
efforts to illegally import the hyacinth macaws Gisela Caseres was
holding for him in Paraguay into the United States. These efforts
continued till at least 1991.
(9) Beteeen 1986 and 1989, defendant sold various specIes of
wild-caught And protected wildlife, which had been illegally shipped
and imported, to various individuals in the United States and
elsewhere, including:
Gloria Allen
Fred Bauer
Frank Dombrowski
Michael Edwards
William Holmberg
Richard Krause
Charles LeMorzellec
Alistair McAlpine
James Petersen
Gary Rhodaberger
Elaine Spear
Mario Tabraue
Hiroshi Tagami
and Warren Wong
(b) with regard to Count 16 of the indictment defendant acknowledges
that on or about April 15, 1989, he wilfully filed and caused to be
filed a false federal personal income tax return for tax year 1988,
knowing his return was
false in that it understated the gross receipts from his business of
selling wildlife, principally exotic birds [rest of tax section
omitted]
6. Defendant specifically acknowlegdes that the following conduct, to
which he stipulates, constitutes relevant conduct under Guideline
$1B1.3 and should be considered for the purpose of computing his
sentence under the US Sentencing Guidelines:
(a) On or about August 24 1989, defendant knowingly engaged in conduct
involving the sale and opurchase, the offer to sell and purchase, and
the intent to sell and purchase, wildlife having a market value
exceeding $350, namely two Queen of Bavaria conures or golden
conures, knowing that those Queen of Bavaria conures were taken,
possessed, transported, and sold in violation of, and in a manner
unlawful under, the laws and regulations of the United States...
(b) On or about July 7 19990 defendant knowingly facilitated the
transportation after importation of merchandise, that is, seven
blue-throated conures, knowing the same to have been imported and
brought into the United States contrary to law...
(c) On or about August 13 1990 defendant knowingly caused to be
received, possessed, transported and delivered three crimson bellied
conures after importation...
(d) On or about June 6, 1991, defendant knowingly caused to be
possessed and facilitated the transportation and concealment of
certain merchandise after importation, that is two red-vented
cockatoos, knowing the same to have been imported and brought into the
United States contrary to law. Specifically defendant knowingly
received two red-vented cockatoos from a USDA quarantine facility
knowing them to have been imported from the Philippines to the United
States under fraudulently obtained CITES permits...
[Sub-sections f, g, h, i, j refer to the tax charges.]
8. For purposes of applying the guidelines promulgated by the United
States Sentencing Commission...the parties agree...
(1) the base offense level is level 6...
(2) the charged offense, and the relevant conduct, was commited for
pecuniary gain, involved a commercial purpose, and involved a pattern
of similar violations. Accordingly...the defendant's offense level
should be increased by two levels.
(3) The charged offense involved wildlife that was not quarantined as
required by law and otherwise created a significant risk of
infestation or disease transmission potentially harmful to
wildlife...the defendant's offense level should be increased by an
additional two levels.
(4) The parties agree to disagree as to the application of of
Guidelines 2Q2.1(b)(3)(a) and 2F1.1. It is the government's position
that the offense level should be increased by an additional 11 levels
because the market value of the wildlife involved in this offense and
the relevant conduct was more than $800,000 but less than $1,500,000.
Defendant's position is that the market value of the wildlife was
substantially lower than the amount alleged by the government.
(5) The parties agree to disagree as to the application of Guideline
3B1.1. The government maintains the defendant's offense should be
increased by four levels...because the defendant was an organizer and
leader of a criminal activity that involved five or more partcipants
and was otherwise extensive.
Defendant maintains that this enhancement is not applicable. Each party
remains free to present its respective position at sentencing...
(6) Defendant wilfully obstructed and impeded, and attempted to obtruct
and impede, the administration of justice during the course of the
instant offense...accordingly, the level should be increased by an
additional two levels,
[Section on the tax charges follows]
(c) The defendant has clearly demonstrated a recognition and
affirmative acceptance of personal responsibility for his criminal
conduct. If the government does not receive additional evidence in
conflict with this provision, and if the defendant continues to accept
responsibility for his actions...a two-level reduction in the offense
level is appropriate...
(d) Based on the facts known to the government, the defendant's
criminal history points equal 0 and the defendant's criminal history
is 1...
[sections omitted re calculation disputes]
10. Defendant understands the counts to which he willl plead guilty
carry the following penalties:
(a) Count One carries a maximum penalty of five years imprisonment, a
maximum fine of $250,000, or twice the amount of the pecuniary gain
derived by the defendant from the offense, whichever is greater...
(b) Count 16 [the tax charge] carries a maximum penalty of three years
>imprisonment and a maximum fine of $250,000 or twice the amount of
pecuniary gain derived by the defendant from the offense, whichever is
greater.
[c discusses post-sentence probation period]
Therefore the total potential sentences carried under the counts to
which defendant will plead guilty is eight years imprisonment, a
maximum fine of $500,000 or twice the amount of pecuniary gain derived
by the defendant from the offences...
END OF EXTRACTS
What the Government wants:
6 base points
2 pecuniary gain points (not added if value number is higher)
2 points for quarantine violation
11 points for value (disputed)
4 points for role in offense (disputed)
2 points for obstruction
Reduction: 2 points for acceptance of responsibility
Probable maximum total: 23 point levels, sentence range 46-57 months
Note: the case was investigated by the Special Operations Branch of the
Division of Law Enforcement of the US Fish and Wildlife Service which
did a great job on the case in contrast to how theyr Miami colleagues
bungled the"Bangkok Six" orangutan case.
There are two possible +2 increases in level that have so far only been
applied to human crime victims: these are "Restraint of Victim" and
"Vulnerable Victim." The Guidelines do not specifically exclude on
human crime victims. One of Silva's shipments consisted of 35 hyacinth
macaws sold to Mario Tabraue. All of them arrived dead and dying and
by his admission Miami vet Dr. Thomas Goldsmith helped decapitate the
lot so they could be stuffed into Tabraue's freezer. The animals had
been shipped in PVC pipe. In the "Nova" program, "The Great Wildlife
Heist," Tabraue stated:
"They were in real bad shape. They had their tails cut off, they had
stress feathers showing on them, they were real bony, skinny. The
tails were cut off because that's the way to make them more compact
for purposes of travelling in a smuggled way, or a hidden way. They're
put in PVC pipes, supposedly, with little holes for them to breathe,
and keep them in the dark and keep them quiet. Tony sent them to me."
This sickening report sounds like restraint of victims and baby birds
are vulnerable victims. We hope the US Sentencing Commission will
address this point soon and specify that these clauses include
wildlife inhumanely shipped. The guidelines do not specifically
exclude wildlife. IPPL presented
a statement to the judge in the "Bangkok Six" orangutan case regarding
the horrendous condition in which the baby orangutan victims were
shipped, but the prosecution did not seek an increment - he was trying
to get Block as lightly as possible for some as yet unknown reason.
THANKS TO ANYONE WHO CAN HELP. PLEASE ASK YOUR FRIENDS AND
ORGANIZATIONS TO WHICH YOU BELONG TO WRITE TOO. LET'S SHOW THE JUDGE
THAT WILD ANIMALS HAVE ADVOCATES JUST AS VICTIMS OF DRUNK DRIVERS AND
ABUSIVE SPOUSES DO!
Shirley McGreal, International Primate Protection League
POB 766, Summerville, SC 29484, USA Ph: 803-871-2280 Fax 803-871-7988
Home page: http://www.sims.net/organizations/ippl/ippl/
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FIDO MESSAGE AREA==> TOPIC: 225 PARROTS Ref: D3U00000 Date: 03/23/96
From: GENE SHIELDS Time: 04:46pm
\/To: ALL (Read 2 times)
Subj: Coffee
Could any one out there tell me if it's all right to give an CAG a little
coffee, we found out quite by accident that our CAG likes it very much. I
don't wish to deprive here of any thing shee likes, but at the same time
I don't wish to give here any thing which might do her harm. Thanks for
the reply in advance.
--- Maximus 3.01
---------------
* Origin: Nite Owl BBS (1:3649/4)
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