Department of Justice
Assistant U.S. Attorney's Office
- Southern District of Florida

FOR IMMEDIATE RELEASE
April 9, 2003

AEROSELL, Ltd, Inc. And Its President Charged With Lobster Smuggling

Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida; Richard C. Livingston, Special Agent-in-Charge, National Marine Fisheries Service; and John P. Clark, Special Agent-in-Charge, United States Customs Service, announced today that a Ft. Lauderdale company and its president have been charged in a two-count information with importing frozen lobster tails into the United States in violation of Bahamian law and with delivering a false document to United States Customs Service. Aerosell, Ltd., Inc., a company in Ft. Lauderdale, and its president and owner, Henry A. Schaller, 53, of Boca Raton, were charged on Wednesday with illegally bringing 1,000 pounds of lobster tails into the United States on September 21, 2002, a violation of the Lacey Act, Title 16, United States Code, Section 3372 and 3373. Schaller and his company are also charged with providing the United States Customs Service with a false Bahamian exit document, a violation of Title 18, United States Code, Section 1018.

The Information alleges that Schaller, a pilot, flew to the Bahamas on September 20, 2002, to purchase and transport 1,000 pounds of spiny lobster tails into the United States. Schaller and his company Aerosell failed to have the seafood inspected, failed to pay export duties, failed to clear Bahamian Customs, failed to export through a licensed Bahamian exporter, and failed to present his aircraft and required cargo and passenger documents to Bahamian Customs officials.

According to the Information, Schaller changed the flight plans he previously provided to United States Customs Service, his Customs broker and to Bahamian officials after he had been confronted by Bahamian Customs. He made it appear that he was not leaving the Bahamas with the lobster but transporting it inter-island. Schaller landed in Ft. Lauderdale on September 21, 2002, with the 1,000 pounds of lobster tails, which were seized by agents of the National Marine Fisheries Service and U.S. Customs Service.

Certain violations of the laws of other countries also constitute violations of federal United States law. The Lacey Act, Title 16, United States Code, Section 3372, prohibits the importation, exportation, transportation, sale, and possession of wildlife and seafood that was taken, possessed, transported or sold in violation of the laws of another country. These laws are designed to protect species that are valued for their rarity or their aesthetic or commercial importance. The mutual treaty laws also protect the economic viability of seafood industries among numerous nations.

Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida, commended the efforts of Special Agents Rebecca Stefanescu and Jeffry Radonski, National Marine Fisheries Service, and Special Agent Marilyn Garcia, United States Customs Service, for their outstanding efforts in this case.

The United States was represented in this matter by Diane Patrick of the Environmental Crimes Section of the United States Attorney's Office.