A sixth man plead guilty Tuesday in federal court to unlawfully trafficking internationally protected cacti to sell to buyers in Europe and Asia, in violation of the Lacey Act.
On June 9, 2020, in U.S. District Court, Western District of Texas, Pecos Division, Harry George Bock, II, 47, of El Paso, Texas, plead guilty on felony charges. Bock agreed through a plea agreement to three years of probation, to pay $7,200 in restitution, and to forfeit items seized by the government (41 living rock cacti). And on May 26, William Howard Gornto, II, 60, of Fort Davis, Texas, was sentenced on felony charges to three years of probation, and to pay $10,800.
The charges, convictions, arrests, and sentencings are a result of a years-long, multi-agency investigation. Bock and Gornto are the most recent defendants in this substantial cacti trafficking organization.
The other four defendants were sentenced in previous years, and included: Paul Arthur Armstrong, 72, Study Butte, Texas resident, sentenced for misdemeanor charges in 2016 to one year of probation and $25,000 in fines; Mark William Rehfield, 61, of Spicewood, Texas, sentenced for felony charges in 2017 to three years’ probation, $18,000 in restitution, and forfeiture of numerous firearms; Morris Ray Carter, 67, of Terlingua, Texas, sentenced for felony charges in 2017 to three years’ probation, and $60,000 in restitution; Troy Layton Baker, 46, of Austin, Texas, sentenced for felony charges in 2018 to three years’ probation, $15,804 in restitution, and forfeiture of firearms.
“These men were part of smuggling organization that knowingly sold and transported this protected cactus species to buyers in Europe and Asia. The agents involved in the case would tell you that they never expected to investigate a cactus smuggling ring, but this has become a prevalent criminal enterprise globally, and one that is unfortunately very detrimental to the rare cactus species of the American Southwest,” said Phillip Land, Special Agent in Charge for the U.S. Fish and Wildlife Service in the Southwest.
“The good news is these sentencings provided precedent in prosecution in similar crimes, and hopefully this will serve as a deterrent to other would-be traffickers, so that these plant
populations can remain intact,” said Land. “Our agents teamed up with the U.S. Department of Agriculture, Texas Parks and Wildlife Game Wardens, U.S. Postal Service Inspectors, and National Park Service Rangers,” said Land. “A great deal of the crime committed in these cases was the violation of customs law. The investigative work done by Homeland Security Investigations special agents was invaluable.”
“As a nation, we are very fortunate to have had the Lacey Act for the last 120 years, prohibiting trade in illegally taken plants and wildlife,” said Amy Lueders, USFWS Regional Director for the Southwest. “Those who came before us knew the importance of protecting wildlife from unlawful trade, and this law continues to stay relevant each time a poacher or wild plant smuggler is charged. Thanks to these laws and their enforcement, this species of living rock can still be seen in the Big Bend region of Texas, even while many similar species are disappearing from the deserts of North America.”
The investigation began in 2012, when federal law enforcement uncovered evidence of a substantial cactus trafficking organization, sending the plants overseas from the Big Bend region of southwest Texas. The six defendants knowingly facilitated the purchase and transport of thousands of living rock cacti (Ariocarpus fissuratus), which are afforded protection through the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and listed as Appendix I protected plant species that prohibit foreign commerce in order to sell them for profit. It’s unknown exactly how many were smuggled, but around 4,000 individual plants were seized by the authorities. Sul Ross State University botany found local land owners to adopt the cacti.
The defendants falsified customs declarations misidentifying plants when shipping internationally. The defendants violated the Lacey Act, a federal law which makes it a felony to engage in the sale or purchase of protected wildlife with a market value in excess of $350 knowing that the wildlife was taken, possessed, transported or sold in violation of laws or regulations of any state, or of CITES protections. While this species of cactus tends to be plentiful where it occurs, its range is extremely limited, and takes decades for an individual to reach maturity.
Learn more about living rock cactus and the investigative work of the special agents involved in the case: Web: https://www.fws.gov/southwest/stories/2019/Rockcactus.html Game Warden International: https://igwmagazine.com/wp/wp-content/uploads/IGW-spring-2020-cactus-WEB.pdf Medium: https://medium.com/@USFWS/catching-cactus-crooks-d7ecf7a6d358
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The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. For more information on our work and the people who make it happen, visit www.fws.gov. Connect with our Facebook page at www.facebook.com/usfws, follow our tweets at www.twitter.com/usfwshq watch our YouTube Channel at http://www.youtube.com/usfws and download photos from our Flickr page at http://www.flickr.com/photos/usfwshq. http://www.fws.gov/southwest/
