Some info on Foiles case.
http://www.fws.gov/midwest/News/release.cfm?rid=423Jeff Foiles Pleads Guilty to Federal Duck Hunting Violations
Working together with state wildlife enforcement agents in Illinois and Iowa, and internationally with counterparts in Canada, U.S. Fish and Wildlife Service (USFWS) agents close illegal duck hunting case. Professional duck hunter and guide Jeffrey B. Foiles pleaded guilty yesterday in federal court in Springfield, Ill., to wildlife charges arising from the illegal sale of guided waterfowl hunts, the Department of Justice announced July 23, 2011.
Foiles, 54, of Pleasant Hill, Ill., pleaded guilty to an information charging him with one misdemeanor count of unlawful sale of wildlife in violation of the Lacey Act, as well as one misdemeanor count of unlawfully taking migratory game birds in violation of the Migratory Bird Treaty Act. At the same time, the company that operates Foiles’ hunting club, the Fallin’ Skies Strait Meat Duck Club LLC, located in Pike County, Ill., pleaded guilty to an information charging it with one felony count of unlawful sale of wildlife in violation of the Lacey Act and one felony count of making false writings in a matter within the jurisdiction of the U.S. Fish and Wildlife Service.
The Lacey Act is a federal law that makes it illegal to knowingly transport or sell wildlife taken in violation of federal law or regulation. The act defines the sale of wildlife to include the sale of guiding services for the illegal taking of wildlife.
“The case had more to do with greed than hunting,” notes USFWS Resident Agent in Charge for Illinois and Missouri Timothy J. Santel. “When you look at the totality of the crimes, the case was more about commercializing wildlife for private gain then the art of hunting,” said Santel.
According to the plea agreements filed yesterday, between 2003 and 2007, Foiles sold and guided waterfowl hunts at the club for the purpose of illegally hunting ducks and geese in excess of hunters’ individual daily bag limits. Guided hunters paid $250 per day for hunts at the club. Foiles and others at the club also falsified hunting records in order to conceal the excesses.
The maximum penalty for a felony violation of the Lacey Act or the federal false writing statute includes up to five years in prison and a $250,000 fine.
According to the plea agreements filed yesterday, the government and the defendants have jointly asked the court to sentence Foiles to 13 months in prison, to be followed by one year of supervised release during which time he may not hunt or guide hunters, and to pay a $100,000 fine for which Fallin’ Skies Strait Meat Duck Club LLC agreed to serve as guarantor. Further, Foiles agreed to one additional year, following completion of his term of supervised release, during which he will not hunt or guide.
The court must determine whether or not to accept the plea agreements. If the plea agreements are accepted by the court, the government has agreed to dismiss the pending felony indictment against Foiles.
The sentencing hearing for Foiles is currently set for Sept. 21, 2011, before U.S. Magistrate Judge Byron G. Cudmore. The sentencing hearing for Fallin’ Skies Strait Meat Duck Club LLC is scheduled for Oct. 27, 2011, before U.S. District Judge Richard Mills.
The case was investigated by the U.S. Fish & Wildlife Service, in cooperation with the Illinois Department of Natural Resources, the Iowa Department of Natural Resources, and the government of Canada. The case is being prosecuted by the U.S. Attorney’s Office for the Central District of Illinois and the Justice Department’s Environmental Crimes Section.