Virginia man sentenced, fined for trading more than $70,000 in sperm whale teeth
NOAA working to end market for illegal trafficking in endangered animal parts

A Virginia man convicted of trading in sperm whale teeth has been sentenced to one month in prison, 90 days’ home confinement, two years of supervised release, and a $40,000 fine. The conviction and sentence follows a complex, multi-region, multi-year investigation by NOAA’s Office of Law Enforcement.

Richard M. Ertel, of Lexington, Va., pleaded guilty on October 3, 2011, to two felony violations of the Lacey Act for trading in endangered marine mammal parts. He admitted to conducting sales and purchases of sperm whale teeth between April 2002 and June 2007, conducting much of his business via the Internet. Most of the teeth were imported from the Ukraine and were sold in the United States, with transactions valued at more than $70,000. Sperm whales are classified as endangered under the Endangered Species Act. Ertel was sentenced by U.S. District Court Judge Henry E. Hudson on Jan. 9, 2012.

“NOAA’s Office of Law Enforcement takes considerable steps to prevent illegal wildlife trafficking,” said Logan Gregory, Special Agent in Charge of NOAA’s Office of Law Enforcement’s Northeast Division. “While the trafficker’s actions do not always directly cause the death of a protected animal, there can be no doubt that this conduct can create a market for the poaching and killing of protected species, as well as the illegal trading in their parts.”

Sperm whale teeth can fetch large sums of money from collectors and tourists, and are commonly used for scrimshaw, which is the etching or engraving of design on or carving of figures from the tooth. Other bones and teeth from whales, dolphins and porpoises are also used for scrimshaw.

It is illegal to import parts of sperm whale teeth into the United States without the appropriate permits and certifications and without declaring the merchandise at the time of importation to U.S. Customs and U.S. Fish and Wildlife Service. The international and interstate nature of these sales constitutes violations of the Lacey Act, which deals with the harvest, processing and trafficking of marine sources domestically and internationally.

The investigation by special agents from NOAA’s Office of Law Enforcement proved Ertel knew he was acting in violation of federal law and international treaty. Officers from U.S. Customs and Border Protection assisted NOAA’s Office of Law Enforcementin investigating this case. The case was prosecuted by Assistant U.S. Attorney Dave Maguire of the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Gary N. Donner of the Environmental Crimes Section of the Environment and Natural Resources Division at the Department of Justice.

The mission of NOAA’s Office of Law Enforcement is to ensure compliance with the laws and regulations enacted to conserve and protect our nation's marine resources. To report a suspected violation, contact OLE's national hotline at 1-800-853-1964.

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