Environmental Law

Illegal Importation of Coral

By Walter James

On October 14, 2009, the USDOJ announced that Gunther Wenzek, a German national, pleaded guilty in the United States District Court for the District of Oregon, to one count of smuggling coral into the United States.  Sentencing is scheduled for January 5, 2010. 

Wenzek was originally arrested in February 2009 when he entered the United States at Dulles airport, en route to a pet exposition in Orlando, FL.   Wenzek owns a company named CoraPet, based in Germany that sells various coral products to retailers in the United States.  Customs agents seized two full containers of coral (40 tons of coral) shipped by Wenzek to a customer in Portland.  The corals seized were identified as corals from the scientific order Scleractinia, genera Porites, Acropora, and Pocillopora, common to Philippine reefs.  Due to the threat of extinction, stony corals are protected by international law.  Philippine law specifically forbids exports of all coral.  Additionally, the Convention on International Trade in Endangered Species (?CITES?) bars importation of the coral without proper customs forms or permits.

Now, again with the obligatory John Cruden quote from the USDOJ press release (private lawyers only wish they got this much press): ?This guilty plea is one example of the United States? coordinated efforts, including the work of multiple law enforcement agencies, to protect coral reefs and marine ecosystems both domestically and internationally.  Preventing the further decline of coral reefs through strong enforcement of our nation?s environmental laws is paramount in preserving marine environments and fisheries.?  John Cruden, is the Acting Assistant Attorney General for the Justice Department?s Environment and Natural Resources Division. 

As an aside, I serve with John Cruden on the ABA SEER council ? he is the Chair and I am one of the minions.  I do not think that there is a more dedicated public servant out there ? a real tribute to John.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

Full post as published by Environmental Crimes Blog on October 16, 2009 (boomark / email).