Cabelas sued over trophy smuggling - 12/02/10
National News
02.12.2010
Burchell�s smuggling takes new turn
By: JANA-MARI SMITH
THE ILLEGAL smuggling of hunting trophies from Namibia into South Africa forms part of a major lawsuit filed this week in the United States against Barry Burchell and Cabela�s Outdoor Adventures (COA).
Scott Anglin, a former business partner of Burchell filed a civil action for damages to the amount of almost N$25 million against Burchell and COA this week.
Anglin accuses Burchell, and in some cases COA, of breaking hunting, conservation and export-import laws of Namibia, South Africa and the United States.
Anglin states that Burchell, who owns Frontier Safaris, and COA have for the past eight years at least �knowingly, continuously and regularly� violated �the game regulatory laws of the two host countries, South Africa and Namibia ...�.
He accuses Burchell of, amongst other things, illegally transporting wildlife trophies, including trophies of �protected or endangered� species, from Namibia into South Africa.
Anglin himself is embroiled in a N$12 million defamation lawsuit which was filed in South Africa by Burchell, but alleges in the court documents filed this week that Burchell and COA conspired together to bring the lawsuit against him in an attempt to sidetrack the investigations against Burchell and COA.
Anglin claims that the �fraudulent, baseless lawsuit in South Africa� was one of the methods Burchell and COA cooked up to silence him.
Another claim is that Frontier Safaris transported trophies or animal parts from SA to the US as �gifts or curios rather than animal trophy materials�.
Burchell�s hunting operations are being investigated jointly by the US Fish and Wildlife authorities, Interpol and SA authorities. Although Namibian authorities last week denied any involvement, a source said this week that the Namibian authorities are providing assistance.
Anglin says he suspects the international probe into Burchell�s activities is focused on �the legality or illegality of the hunting and the transportation of animals and trophies, including export and import between countries�.
Anglin filed his civil action on Monday under the provisions of the United States �Racketeering Influenced Corrupt Organisations Act (RICO)�.
The court documents allege numerous �unlawful activities and also some unethical practices including human rights abuses by Burchell� during the past eight years, from 2002 until the early part of 2010.
Anglin says that he informed COA in 2004 and 2005 of his suspicions �about several illegal and unethical business practices of Barry G. Burchell, with regard to how he operated his hunting business providing safari hunting trips and related services�.
According to Anglin, when he discussed the issues with COA he did not yet know that Burchell and COA �were closely tied and interdependent in this enterprise�s business�.
Anglin says that he informed COA of �Burchell�s abuses of employees, illegal collection of Value Added Taxes (VAT) from the customers, extortion or blackmail efforts by Burchell ... and routine breaches of the game laws of the African countries where the hunts took place�. According to Anglin, �COA learned or was told repeatedly that Burchell was not operating legally, from 2005 or earlier, but took no corrective action�.
COA allegedly �finally suspended dealings with Burchell just this last spring, 2010, when the investigations became too obviously focused and dangerous,� Anglin states.
According to Anglin, his attempt to �blow the whistle� on Burchell�s abuse of Cabela�s hunting clients backfired when COA immediately informed Burchell of the allegations.
The court documents state that �COA and Burchell immediately conferred, collaborated and conspired to try to intimidate him to stop his disclosures ...�, including the filing of a defamation lawsuit against Anglin.
One of the main points in the defamation suit, is the claim by Burchell that COA stopped doing business with him from 2005 until 2007 as a result of Anglin�s accusation. However, in September 2010, Gregg Severinson, the Chief Operations Officer of COA testified that �Burchell in claiming a two year shut off of business from COA had lied, and if under oath that it was perjury�.
Anglin in addition accuses COA of collaboration with Burchell and assisting Burchell �in collecting taxes that were never owed or properly taxable�.
According to statements, including those from Burchell�s ex-wife, Anglin says that �Burchell did not turn in to the South African Revenue Service these illegally collected amounts, but rather kept them as added profit.�
Since the international investigation against Burchell kicked off several of Burchell�s customers who hunted in Namibia or South Africa have had their trophies confiscated by US authorities. Anglin speculates that �hundreds more such items are potentially subject or vulnerable to confiscation ...�.
02.12.2010
Burchell�s smuggling takes new turn
By: JANA-MARI SMITH
THE ILLEGAL smuggling of hunting trophies from Namibia into South Africa forms part of a major lawsuit filed this week in the United States against Barry Burchell and Cabela�s Outdoor Adventures (COA).
Scott Anglin, a former business partner of Burchell filed a civil action for damages to the amount of almost N$25 million against Burchell and COA this week.
Anglin accuses Burchell, and in some cases COA, of breaking hunting, conservation and export-import laws of Namibia, South Africa and the United States.
Anglin states that Burchell, who owns Frontier Safaris, and COA have for the past eight years at least �knowingly, continuously and regularly� violated �the game regulatory laws of the two host countries, South Africa and Namibia ...�.
He accuses Burchell of, amongst other things, illegally transporting wildlife trophies, including trophies of �protected or endangered� species, from Namibia into South Africa.
Anglin himself is embroiled in a N$12 million defamation lawsuit which was filed in South Africa by Burchell, but alleges in the court documents filed this week that Burchell and COA conspired together to bring the lawsuit against him in an attempt to sidetrack the investigations against Burchell and COA.
Anglin claims that the �fraudulent, baseless lawsuit in South Africa� was one of the methods Burchell and COA cooked up to silence him.
Another claim is that Frontier Safaris transported trophies or animal parts from SA to the US as �gifts or curios rather than animal trophy materials�.
Burchell�s hunting operations are being investigated jointly by the US Fish and Wildlife authorities, Interpol and SA authorities. Although Namibian authorities last week denied any involvement, a source said this week that the Namibian authorities are providing assistance.
Anglin says he suspects the international probe into Burchell�s activities is focused on �the legality or illegality of the hunting and the transportation of animals and trophies, including export and import between countries�.
Anglin filed his civil action on Monday under the provisions of the United States �Racketeering Influenced Corrupt Organisations Act (RICO)�.
The court documents allege numerous �unlawful activities and also some unethical practices including human rights abuses by Burchell� during the past eight years, from 2002 until the early part of 2010.
Anglin says that he informed COA in 2004 and 2005 of his suspicions �about several illegal and unethical business practices of Barry G. Burchell, with regard to how he operated his hunting business providing safari hunting trips and related services�.
According to Anglin, when he discussed the issues with COA he did not yet know that Burchell and COA �were closely tied and interdependent in this enterprise�s business�.
Anglin says that he informed COA of �Burchell�s abuses of employees, illegal collection of Value Added Taxes (VAT) from the customers, extortion or blackmail efforts by Burchell ... and routine breaches of the game laws of the African countries where the hunts took place�. According to Anglin, �COA learned or was told repeatedly that Burchell was not operating legally, from 2005 or earlier, but took no corrective action�.
COA allegedly �finally suspended dealings with Burchell just this last spring, 2010, when the investigations became too obviously focused and dangerous,� Anglin states.
According to Anglin, his attempt to �blow the whistle� on Burchell�s abuse of Cabela�s hunting clients backfired when COA immediately informed Burchell of the allegations.
The court documents state that �COA and Burchell immediately conferred, collaborated and conspired to try to intimidate him to stop his disclosures ...�, including the filing of a defamation lawsuit against Anglin.
One of the main points in the defamation suit, is the claim by Burchell that COA stopped doing business with him from 2005 until 2007 as a result of Anglin�s accusation. However, in September 2010, Gregg Severinson, the Chief Operations Officer of COA testified that �Burchell in claiming a two year shut off of business from COA had lied, and if under oath that it was perjury�.
Anglin in addition accuses COA of collaboration with Burchell and assisting Burchell �in collecting taxes that were never owed or properly taxable�.
According to statements, including those from Burchell�s ex-wife, Anglin says that �Burchell did not turn in to the South African Revenue Service these illegally collected amounts, but rather kept them as added profit.�
Since the international investigation against Burchell kicked off several of Burchell�s customers who hunted in Namibia or South Africa have had their trophies confiscated by US authorities. Anglin speculates that �hundreds more such items are potentially subject or vulnerable to confiscation ...�.