News Releases
ROGER F. KAHN, GLEN M. (MIKE) BRAMLETT, AND KAHN CATTLE COMPANY, LLC, SENTENCED IN BIRD POISONING CASE
March 24, 2005
FOR IMMEDIATE RELEASE
David E. Nahmias, United States Attorney for the Northern District of Georgia; James Gale, Special Agent in Charge, U.S. Fish and Wildlife Service's Office of Law Enforcement Southeast Region; and Fred Burnside, Special Agent in Charge, Environmental Protection Agency, Criminal Investigation Division, Atlanta Area Office, announce that ROGER F. KAHN, 59, of Bartow County, Georgia, and GLEN M. (MIKE) BRAMLETT, 49, of Bartow County, Georgia have been sentenced for unlawfully taking and killing approximately 3,300 migratory birds in violation of federal law, and KAHN CATTLE COMPANY, LLC has been sentenced for disposing of a hazardous waste without a permit. According to Nahmias:
ROGER F. KAHN and GLEN M. (MIKE) BRAMLETT were sentenced by United States District Judge Harold L. Murphy to serve 60 days home confinement, perform 160 hours of community service and serve one year of supervised release. KAHN and BRAMLETT have also each been sentenced to pay the maximum fine of $15,000 under the Migratory Bird Treaty Act. KAHN CATTLE COMPANY, LLC has been ordered to pay $95,664 in restitution and pay a fine of $170,000 for illegally disposing of a hazardous waste. Pursuant to their plea agreements, ROGER F. KAHN, GLEN M. (MIKE) BRAMLETT, and KAHN CATTLE COMPANY are also required to place advertisements in various trade publications warning others not to employ illegal means for resolving nuisance or unwanted animal problems. (See attached advertisement).
The Criminal Information filed in this case charged that on or about January 20, 2003, KAHN CATTLE COMPANY, aided and abetted by owner ROGER F. KAHN and farm manager GLEN M. (MIKE) BRAMLETT, knowingly disposed of a hazardous waste named Famphur at KAHN CATTLE COMPANY without a valid federal Resource Conservation and Recovery Act permit in violation of Title 42, U.S.C. § 6928(d)(2).
According to the information presented at the sentencing hearing, in January 2003, State law enforcement officials responded to reports from residents in the neighborhood of Mansfield Road in White, Georgia, that birds were "falling from the sky." State and Federal officials determined that Warbex, a cattle drug, had been mixed in large amounts of shelled corn and spread in areas on the KAHN farm specifically to kill nuisance birds. KAHN CATTLE COMPANY is located on approximately 1000 acres in Bartow County, Georgia, and during the relevant time bred and raised cattle. The pond area where the famphur-laced corn was located was fenced off from the cattle operation.
Famphur is the active agent in "Warbex," an animal drug designed to be applied topically to treat cattle. Pesticides and insecticides applied illegally to kill wild Canada geese using farm ponds or to kill predators can indiscriminately kill migratory birds protected by the Migratory Bird Treaty Act, the Endangered Species Act, and the Bald and Golden Eagle Protection Act. Illegal use of Warbex, famphur or any other chemical or pesticide to kill birds, wildlife, or any animal in violation of labeling requirements may result in prosecution. The Resource Conservation and Recovery Act (RCRA), Title 42, United States Code, Sections 6901, et. seq., prohibits a person from disposing of hazardous waste without a lawfully issued permit. The Georgia Environmental Protection Division of the Georgia Department of Natural Resources ("Georgia EPD") is the regulatory agency in the State of Georgia responsible for permitting, compliance and enforcement of state and Federal laws relating to the Resource Conservation and Recovery Act. In the advertisement, the defendants apologize for their actions and strongly urge any farmer or landowner to use only legal means to solve problems with nuisance or unwanted animals on their property.
Federal agents and state officers ultimately collected 3,326 dead migratory birds over 1,100 acres. Species of birds killed included a great-horned owl, red-tailed hawks, mourning doves, Canada Geese, a mallard duck, a cardinal, blue jays, red-winged blackbirds, a brown thrasher, grackles, crows, and cowbirds. These birds died from acute poisoning after feeding on the corn or from eating other birds freshly killed by the poisoned corn.
U. S. Attorney David Nahmias said of the case, "The successful prosecution, sentences and public apology by these defendants demonstrates that both individuals and companies that violate the laws designed to protect the environment and wildlife will be prosecuted and punished."
U.S. Fish and Wildlife Special Agent in Charge James Gale noted that the Migratory Bird Treaty Act seeks to protect migratory birds which are of great ecological and economic value to this and other countries. Gale added that not only do migratory birds contribute to biological diversity, they also are enjoyed by Americans who study, watch, feed or hunt these birds. The United States Fish and Wildlife Service is the primary agency that enforces the Migratory Bird Treaty Act, which prohibits the taking, possession, import, export, sale, purchase, barter, or offer to purchase, sell or barter any migratory bird, and parts, nests, and eggs of such birds, except as permitted by special permit or by the hunting regulations. Gale stated that, "The misuse of agricultural pesticides is particularly damaging to wildlife and the environment. Such poisons kill indiscriminately when used in an improper manner and cause tremendous loss of our cherished wildlife heritage. Over 82 million U.S. citizens (39% of the population) hunt, fish or watch wildlife, generating approximately $110 billion dollars per year in the nation's economy. Special Agents of the U.S. Fish and Wildlife Service vigorously pursue those who violate the conservation laws protecting America's natural resources."
The fine from KAHN CATTLE COMPANY includes $108,000 earmarked for use in acquiring and preserving wetlands. Fred Burnside, Special Agent in Charge, Environmental Protection Agency, Criminal Investigations Division, said: "Today's sentences should remind the public that EPA takes very seriously the illegal use and disposal of hazardous wastes, especially when they are used to kill and maim wildlife." He added, "We will work together to vigorously investigate and prosecute those who flagrantly disregard our environmental laws and despoil our natural resources." In addition to paying for the clean-up of the hazardous waste, the fine from KAHN CATTLE COMPANY includes $48,000 for the illegal disposal of a listed hazardous waste, a felony violation of The Resource Conservation and Recovery Act (RCRA), Title 42, United States Code, Sections 6901, et. seq.
Assistant United States Attorney Susan Coppedge and Special Assistant United States Attorney Richard Glaze, Jr. prosecuted the case.
The case was investigated by agents of U.S. Fish and Wildlife with assistance from Georgia Department of Natural Resources and agents of the Criminal Investigation Division of the Environmental Protection Agency.
For further information please contact David E. Nahmias, United States Attorney or F. Gentry Shelnutt, Chief, Criminal Division, through Patrick Crosby, Public Affairs Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney's Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.