May 26, 2011
TWO IRISH NATIONALS SENTENCED TO FEDERAL PRISON FOR ATTEMPTING TO ILLEGALLY EXPORT BLACK RHINOCEROS HORNS
DENVER -- Richard O’Brien and Michael Hegarty, Irish nationals from Rathkeale, Ireland, were sentenced recently to 6 months in prison for their role in an attempt to illegally export 4 Black Rhinoceros horns– a protected endangered species, the U.S. Attorney’s Office announced today. Along with the prison sentence, O’Brien and Hegarty were also sentenced to 3 years of supervised release and the forfeiture of approximately $17,600.
Richard O’Brien and Michael Hegarty pleaded guilty on May 3, 2011, to a federal charge of Smuggling Goods from the United States in connection with their purchase, from an undercover officer, of endangered rhino horns, a species of wildlife having the highest protection under the CITES Treaty (Convention on International Trade in Endangered Spcies of Wild Fauna and Flora).
On November 13, 2010, O'Brien and Hegarty met with an undercover Fish and Wildlife Service agent in Commerce City, Colorado, and purchased four rhino horns for 12,850 Euros (approximately $17,600 U.S.). After assuring the agent they (O’Brien and Hegarty) would not get caught removing the horns from the United States, O’Brien and Hegarty took possession of the horns, placed them in their rental car, and were arrested before leaving the area. In an earlier meeting with the undercover agent, O’Brien and Hegarty indicated their understanding that rhino horns could not lawfully be purchased in interstate or foreign commerce but stated any rhino horns would be shipped to Ireland concealed within furniture to avoid detection. Upon arrest, O’Brien and Hegarty told agents they intended to deliver the horns and some antique furniture items to an antique store so their co-conspirator John Sullivan could arrange onward shipment to Ireland. A search of the rental car revealed passports, luggage, a chest of drawers, four large packing boxes and shrink wrap that agents suspect might have been intended to pack the rhino horns.
A complaint was filed and ultimately the two arrested Irish nationals were indicted in Denver on November 29, 2010, along with John Sullivan, for their criminal activity of Conspiracy, Smuggling Goods from the United States, and Money Laundering.
"The illegal trafficking in rhinoceros horns fuels the dangerous poaching situations we see in Africa, and that poaching has contributed to most species of rhino being listed as endangered. We will continue to pursue investigations into the unlawful trafficking in imperiled wildlife, and we're pleased that these men were held accountable for their crimes", said Steve Oberholtzer, Special Agent in Charge for the U.S. Fish and Wildlife Service. "We hope these sentences serve as a deterrent to others involved in this unlawful trade."
“The world does not have an infinite supply of wildlife like the rhinos at issue in this case,” said U.S. Attorney John Walsh. “The prison term in this case for trading in rhino horns underscores the fact that we here in the United States are resolved to do our part to protect the shared worldwide inheritance these magnificent animals represent.”
There are five species of rhinoceros. The rhino horns in this case are listed as endangered under the U.S. Endangered Species Act. Additionally, they are protected by CITES, a multilateral treaty of which the United States and the Republic of Ireland and 173 other countries are parties. Exportation of rhinoceros horns from the United States for commercial purposes is strictly prohibited by CITES and U.S. law.
According to TRAFFIC (a wildlife trade and monitoring program of the World Wildlife Fund (WWF)), the illegal rhino horn trade has serious consequences upon the wildlife resource and contributes to the poaching of rhinoceros. The popular demand for rhinoceros in Asian countries has increased in recent years because of a widely believed but false rumor that ground rhino horn can cure cancer. This has spiked the pricing for rhino horns with the current pricing around $20,000 per pound.This prosecution is the result of an investigation conducted by the U.S. Fish and Wildlife Service, led by Agents George Morrison and Curtis Graves. The case was prosecuted by Senior Trial Attorneys Robert S. Anderson and Jennifer Whitfield of the Department of Justice’s Environmental Crimes Section and by Assistant U.S. Attorney Linda McMahan.
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