Chinese Antiques Dealer Pleads Guilty to Ivory Smuggling
The Justice Department has issued a December 5, 2011 press release announcing that Lin Feng Xu, an antique dealer in China, has pleaded guilty to smuggling and to violating the Endangered Species Act in connection with the illegal export of African elephant ivory in his carry-on luggage.
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TSA Alerted FWS of Suspected Smuggling Based on X-Ray Screening of Luggage
According to a DoJ press release, a Transportation Security Administration (TSA) security officer at JFK International Airport in Queens, N.Y., alerted inspectors with the U.S. Fish & Wildlife Service on Sept. 17, 2011, that Xu, a Chinese national, was carrying suspected wildlife items in his carry-on luggage based on x-ray screening.
The press release states that in pleading guilty, Xu has admitted that he knew that the carvings were ivory and that they had a value of approximately $50,000. Also, Xu knew that it was a crime to export ivory from the U.S. without required documents and approval. Xu packed the ivory carvings in aluminum foil in order to conceal their outline from x-ray screening.
African Elephant Protected by CITES, Endangered Species Act
According to an expert examination of the ivory carvings, most are newly carved ivory and not genuine antiques. The African elephant is listed as a threatened species under the U.S. Endangered Species Act (ESA) and is also protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), an international treaty regulating trade on endangered species to which the U.S. is a party.
Despite international efforts to control the ivory trade and stop the decline of elephant populations, prices and demand remain high, thus causing continued elephant poaching and illegal ivory finding its way into international and domestic markets.
Charges Carry Prison Term, Substantial Fines
Xu was charged with a felony count for illegal smuggling that carries a maximum term of 10 years in prison and a fine of up to $250,000 or twice the gross gain from the offense. Xu was also charged with a misdemeanor violation of the ESA for knowingly engaging in trade of ivory specimens, contrary to the provisions of CITES, which carries a maximum sentence of one year in prison and a fine of up to $100,000, or twice the gross gain from the crime.