Home Forums Hunting & Shooting Elk Hunting Colorado Outfitter sentenced to jail time under the Lacey Act

Since I sorta hijacked my own thread with this topic, reposting it here.

First the 3 felony charges for the cops in Boulder and now this felony conviction.


http://www.denverpost.com/breakingnews/ci_22584561/colo-hunting-outfitter-fined-sentenced-prison

I'm under the impression that the Lacey Act is Federal and pertains to interstate crimes where someone crosses a state border in the process of performing an illegal act. Since the clients were nonresidents the Lacey Act applies.

But why didn't the CO Dept Parks & Wildlife (previous D.O.W.) also prosecute this crime, since there are some violations of Colorado game laws?

KC

Bigger hammer usually when you get the feds involved. I know nothing of the case, but our fines don't really amount to much unless there are Samson caliber animals.... 22" INSIDE spread muley, 6 point elk, any bull moose, etc

Presuming that the clients took their trophies back home, and that they paid the outfitter with out of state money, I think that opens the door to the Feds.

When you kill an animal illegally and take it across state lines you have comitted a Lacey Act violation. Pretty tough sentence for a 72 year old man, I don't feel sorry for him. There are Federal sentencing guidelines and it pretty much ties the judges hand.

I think the message has been sent to outfitters all over the nation.

Excerpt froms DOJ Press release below. The best thing we can all do is make sure this story gets disseminated throughout the hunting and outfitting community.


"Each spring and summer, Mr. Rodebaugh placed hundreds of pounds of salt as bait near the tree-stands from which his clients would hunt deer and elk with archery equipment. The placement and use of salt to aid in the taking of big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a violation of the Lacey Act.

This case was investigated by Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service.

The case was prosecuted by Senior Trial Attorney J. Ronald Sutcliffe and Trial Attorney Mark Romley, of the Justice Department�s Environmental Crimes Section of the Environment and Natural Resources Division."

Full text at http://www.justice.gov/opa/pr/2013/February/13-enrd-196.html