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April 26, 2007
Two men plead guilty to importing and purchasing whale teeth
PHILADELPHIA - Two men pleaded guilty today in United States District Court for the Eastern District Pennsylvania in connection with an international ring that smuggled dead body parts of endangered species into the United States.
Martin Schneider, 59, of Blue Bell, Pa., pleaded guilty to importing hundreds of sperm whale teeth from England into the United States starting in approximately 1995. Lewis Eisenberg, Schneider's customer, pleaded guilty to a three-count information stemming from his illegal purchase of sperm whale teeth in violation of the Lacey Act, the Endangered Species Act, and the Marine Mammal Protection Act. Eisenberg is a former director of The Whalers Village Museum, located at 2435 Kaanapali Parkway on the island of Maui, Hawaii.
The endangered species was the marine mammal Physeter macrocephalus, commonly known as the sperm whale. The dead body parts were teeth, each having the shape of a cone, pointed at one end, approximately 8 inches high and 6 inches in diameter, and weighing between one and five pounds.
"The successful results of this investigation stems from some terrific teamwork among our law enforcement partners not only domestically but internationally. These individuals are no different then those involved in the smuggling of narcotics. Their desire for financial gain led to the results announced today. ICE is committed to ensuring our country is safe from those individuals who believe they can smuggle items into the U.S. unimpeded," said John Kelleghan, Special Agent In Charge, U.S. Immigration and Customs Enforcement Philadelphia Office of Investigations.
"The teeth had been extracted from sperm whales illegally hunted and killed by fishing fleets," said U.S. Attorney Pat Meehan of the Eastern District of Pennsylvania. "The defendant deliberately violated statues designed to protect endangered species." Illegally hunting and killing sperm whales is in violation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, known as "CITES." The United States entered into CITES on July 1, 1975.
Schneider is charged in a five-count information. The first three counts charge violations of statutes designed to protect endangered species: the Lacey Act, the Endangered Species Act and the Marine Mammal Protection Act. The remaining two counts charge violations of the federal anti-smuggling statute.
Schneider illegally smuggled the whale teeth into the United States by concealing them among other goods he imported. Schneider then re-sold the teeth to merchants who specialize in a design form known as "scrimshaw," in which drawings are etched on bone. Schneider sold both individual whale teeth and so-called "lots" of whale teeth. On the illegal market, "lots" range from 20 to 50 pieces. The number and quality of teeth in a "lot" are inversely related. Schneider sold more than $540,000 of whale teeth in the aggregate. In many cases, the merchants who acquired the whale teeth from Schneider commissioned etchings on raw or blank teeth to give the teeth the false and artificial appearance of antique art with a value many times the acquisition price.
If convicted, defendant Schneider faces a maximum possible sentence of 17 years imprisonment, a 3-year period of supervised release, a $950,000 fine and a $350 special assessment. Forfeiture of all proceeds from and all property involved in the offenses also may be ordered. Eisenberg faces a maximum statutory sentence of 7 years imprisonment, a 3-year period of supervised release, a $450,000 fine and a $150 special assessment.
Special Agents from Immigration and Customs Enforcement, the National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service investigated the case.
-- ICE --
