US Attorney Reports Orchid Dealer Charged In International Smuggling Operation

LAWFUEL – R. Alexander Acosta, United States Attorney for the Southern District of Florida, Eddie McKissick, Miami Resident Agent in Charge, U.S. Fish & Wildlife Service, Lee Huttenbach, Special Agent in Charge, Southeast Region, U.S. Department of Agriculture, Office of Inspector General – Investigations, and Anthony V. Mangione, Special Agent in Charge, U. S. Immigration and Customs Enforcement, announced that defendant Mac Rivenbark, 41, of Ft. Lauderdale, Florida, was arrested and made his initial appearance in United States Magistrate’s Court in Miami today after being charged by a federal Grand Jury, sitting in Miami, in connection with the illegal importation of over 1,400 orchid plants from the Republic of the Philippines in February 2005, contrary to the Lacey Act, Title 16, United States Code, Sections 3372 and 3373.

The case, which has been assigned to the Honorable Federico Moreno, United States District Court Judge, does not yet have a trial date. If convicted, defendant Rivenbark faces up to five years imprisonment as well as a criminal fine of up to $250,000.

According to the criminal Indictment and statements in court, orchids, which are plants within the family Orchidaceae, are protected under an international treaty known as the Convention on International Trade in Endangered Species of Wild Fauna and Flora. A purpose of CITES is to monitor and restrict trade in certain species of fish, wildlife, and plants to protect them from commercial exploitation that might diminish the ability of the species to survive in the wild. CITES employs a system which classifies species at risk into various Appendices, based on the level of perceived risk to their survival in the wild. Appendix II of CITES, in which the orchids at issue are listed, includes wildlife species which although not necessarily threatened with extinction now, may become so unless trade in specimens of such species is strictly regulated. More than 170 countries cooperate in the enforcement of the provisions of CITES, including the United States and the Republic of the Philippines, by implementing domestic laws to effectuate its underlying goals. Orchids have been listed for protection since January 1975.

The Indictment alleges that the CITES documents, and records, labels, and identification materials presented to U.S. authorities at Miami International Airport by Rivenbark during the importation and inspection of the orchid, consigned shipment falsely identified the orchids as artificially propagated, when in fact they were collected from the wild in the Republic of the Philippines.

Mr. Acosta commended the coordinated investigative efforts of the Special Agents of the U. S. Fish & Wildlife Service, the Southeast Region, U.S. Department of Agriculture, Office of Inspector General-Investigations, and U.S. Immigration and Customs Enforcement which brought the investigation leading to the Indictment. This case is being prosecuted by Assistant United States Attorneys Thomas Watts-FitzGerald.

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