Environmental Crimes Bulletin January 2024 Week 2

In this issue:

• United States v. Travis J. Branson, et al., No. 9:23-CR-00055 (D. Mont.), AUSAs Randy Tanner and Ryan Weldon
• United States v. Empire Bulkers Ltd., et al., No. 2:21-CR-00126 (E.D. La.), ECS Senior Litigation Counsel Richard Udell, ECS Senior Trial Attorney Ken Nelson, AUSA G. Dall Kammer, and ECS Paralegal Samantha Goins
• United States v. David C. Noble, No. 6:23-CR-00181 (D. Ore.), AUSAs William McLaren and Adam Delph
• United States v. David Medoza-Enriquez, No. 24-CR-00034 (D.N.M.), AUSAs David Hirsch and Joseph Spindle 
• United States v. Clint Burlett, et al., Nos. 1:23-mj-00189, 00245-00247, 00258 (E.D. Va.), AUSA Sehar Sabir, with assistance from AUSA Gordon Kromberg and former SAUSA Austin Lin

United States v. Travis J. Branson, et al., No. 9:23-CR-00055 (D. Mont.), AUSAs Randy Tanner and Ryan Weldon

On January 8, 2023, a court arraigned Travis J. Branson on a 15-count indictment for conspiring to unlawfully kill bald and golden eagles on the Flathead Indian Reservation and elsewhere in Montana, Idaho, and Nevada (18 U.S.C. § 371; 16 U.S.C. §§ 668(a); 3372(a)(1), 3373(d)(1)(B)). Branson and co-defendant Simon Paul (a fugitive) also violated the Lacey Act by selling them on the black market.

Between January 2015 and March 2021, Paul and Branson conspired to illegally kill and offer for sale bald and golden eagles on the Reservation. Branson traveled from Washington to the Reservation and arranged for Paul to shoot and ship the eagles for him. Confederated Salish & Kootenai tribal authorities tipped off Fish and Wildlife agents to the defendants’ activity.

In total, the defendants killed approximately 3,600 birds, including eagles. Paul and Branson then illegally sold eagle feathers and parts on the black market for significant sums of cash across the United States and elsewhere.

The U.S. Fish and Wildlife Service Office of Law Enforcement, the U.S. Postal Inspection Service, and Flathead Tribal Law Enforcement conducted the investigation.

United States v. Empire Bulkers Ltd., et al., No. 2:21-CR-00126 (E.D. La.), ECS Senior Litigation Counsel Richard Udell, ECS Senior Trial Attorney Ken Nelson, AUSA G. Dall Kammer, and ECS Paralegal Samantha Goins

On January 8, 2024, a court arraigned Empire Bulkers, Ltd., on probation violation charges. The company was sentenced in January 2023, to pay a $1 million fine and complete four years of probation, subject to the terms of a government-approved environmental compliance plan (ECP) that included independent ship audits and supervision by a court-appointed monitor (CAM). The probation violation allegations include the following:

1. Empire Bulkers failed to promptly notify the CAM of all reports of non-compliance received from employees. Empire Bulkers waited approximately 14 days before providing the CAM with a report that the Chief Engineer of the M/V Panagiotis discharged bilge water overboard in violation of MARPOL and the ECP.

2. Between October 5, 2023, and October 19, 2023, Empire Bulkers conducted an undisclosed and unilateral investigation into allegations that the Chief Engineer of the M/V Panagiotis committed a deliberate violation of MARPOL and the ECP.

3. Empire Bulkers refused to allow the Third-Party Auditor to attend and audit shoreside training required under the ECP.

Empire operated the M/V Joanna, a Marshall Islands-registered bulk carrier, owned by Joanna Maritime. Between October 25, 2020, and March 11, 2021, the companies tampered with required oil pollution prevention equipment and falsified the ship’s Oil Record Book. The Coast Guard found that the crew bypassed the ship’s Oily Water Separator by inserting a piece of metal into the Oil Content Meter so that it only detected clean water instead of the actual overboard discharges. The defendants falsified the log and sought to obstruct the Coast Guard’s inspection.

The defendants also violated the Ports and Waterways Safety Act (PWSA) by failing to immediately report a hazardous situation that affected the safety of the ship and threatened U.S. ports and waters. During the inspection on March 11, 2021, the Coast Guard discovered an active fuel oil leak in the ship’s purifier room that resulted from disabling the fuel oil heater pressure relief valves, an essential safety feature designed to prevent catastrophic fires and explosions. The companies pleaded guilty to violating APPS and the PWSA (33 U.S.C. § 1908; 46 U.S.C. § 70036).

The U.S. Coast Guard Criminal Investigations Division conducted the investigation.

United States v. David C. Noble, No. 6:23-CR-00181 (D. Ore.), AUSAs William McLaren and Adam Delph

On January 10, 2024, David C. Noble pleaded guilty to conspiring to engage in, create, and distribute animal crush videos (18 U.S.C. §§ 371, 48). Sentencing is scheduled for April 24, 2024.

Noble, a former United States Air Force Officer, was dismissed from the Air Force in 2006 and ordered to serve six months in military custody following a court martial for fraud and an unprofessional relationship.

Between January 2022 and February 2023, Noble administered and participated in an online group chat for the purpose of viewing and funding animal crush videos. Noble paid for the creation of the animal crush videos depicting the torture and murder of monkeys.

In January 2023, Noble relocated from Prineville, Oregon, to Henderson, Nevada, after federal agents executed a search warrant on his Prineville residence. In early February 2023, investigators executed another search warrant on Noble’s residence finding approximately 50 videos depicting animal abuse, along with several firearms and ammunition. In June 2023, agents arrested and detained him in Oregon.

Homeland Security Investigations conducted the investigation.

United States v. David Medoza-Enriquez, No. 24-CR-00034 (D.N.M.), AUSAs David Hirsch and Joseph Spindle 

On January 12, 2024, a grand jury charged David Mendoza-Enriquez with conspiracy to violate the Lacey Act (18 U.S.C. § 371).

Between November 2022 and January 2023, Mendoza-Enriquez imported a tiger cub from Mexico into New Mexico and sold the cub for thousands of dollars. The tiger cub, now named “Duke,” was seized during a drug bust in 2023 and transferred to the Wild Animal Sanctuary in Keenesburg, Colorado. Mendoza-Enriquez, aka “Cholo,” is one of 15 defendants charged with drug trafficking in a separate indictment.

Investigators found photographs posted on social media where Mendoza-Enriquez published pictures of Duke.  Some of the pictures include a distinctive tattoo on Mendoza-Enriquez’s right hand.  

Members of the Organized Crime Drug Enforcement Task Force that conducted this investigation include: The U.S. Fish and Wildlife Service Office of Law Enforcement, the New Mexico Department of Game and Fish, the Drug Enforcement Administration, the Albuquerque Police Department, the Rio Rancho Police Department, the Pojoaque Pueblo Police Department, the Laguna Police Department, the Bernalillo County Sheriff’s Office, the Sandoval County Sheriff’s Office, the New Mexico State Police, the United States Marshals Service, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. 

United States v. Clint Burlett, et al., Nos. 1:23-mj-00189, 00245-00247, 00258 (E.D. Va.), AUSA Sehar Sabir, with assistance from AUSA Gordon Kromberg and former SAUSA Austin Lin

On January 12, 2024, a court ordered Clint Burlett to pay a $2,700 fine, and complete a two-year term of probation, during which he is banned from any involvement in hunting. Burlett pleaded guilty to violating the Migratory Bird Treaty Act for illegally hunting dozens of migratory wood ducks over a baited pond at his property in Middleburg, Virginia (16 U.S.C. § 704(b)).

Between August and November 2022, Burlett baited and hunted wood ducks by placing significant amounts of corn into a nearly quarter-acre pond located on his farm property in Middleburg. During October 2022, Burlett hosted two groups of hunters to hunt wood ducks over the baited pond. Hunters Michael Scott, Eric Scott, Christian Hoyt, and Timothy Young killed more than 100 wood ducks. They paid fines ranging between $500 and $1,000 and were ordered to complete 18 months’ probation, during which they are prohibited from hunting.

The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.