A federal grand jury in Hawaii returned a 12 count indictment against Denis M. "Dusty" Gruver, a tribal artifacts dealer from Honolulu, Hawaii, and his brother, Jackson Muldoon, of McMinnville, Oregon on October 22, 2003. A third defendant, Robert Weisblut, of Maryland, was previously charged on September 19, 2003, in Hawaii, with four misdemeanor violations of the Endangered Species Act in connection with the activities of Gruber and Muldoon.
Edward H. Kubo, Jr., United States Attorney for the District of Hawaii, said that Gruver, age 60, and Muldoon, age 58, were charged with one count of conspiracy to smuggle protected wildlfe and endangered species body parts, and Gruver was additionally charged with seven counts of smuggling protected wildlife, and three felony Lacey Act violations for the sale of endangered species illegally imported into the United States. According to the indictment, beginning in 1998 and continuing until July 2003, Gruver, Muldoon, and unnamed others conspired to smuggle parts of protected orangutans, helmeted hornbills, clouded leopards, leopards, and other wildlife into the United States from Australia, the Philippines, Malaysia, China, Nepal, and Thailand.
The indictment also alleges that Gruver advertised body parts for sale to the public over the Internet, and that in December 1999 sold a hornbill ivory to a law enforcement agent through an online auction site.
For each count charged in the indictment, the maximum penalty if convicted is five years incarceration and a fine of up to $250,000. Actual terms of imprisonment are further determined by the federal Sentencing Guidelines. There is no parole for sentences imposed under the Guidelines.
United States Attorney Kubo cautioned that indictments are not evidence of guilt, and that all defendants are presumed innocent until and unless proven guilty.
The indictment was the result of an undercover investigation by special agents of the United States Fish and Wildlife Service Office of Law Enforcement, which is responsible for investigating wildlife crimes and monitoring and regulating wildlife trade. The Bureau of Immigration and Customs Enforcement assisted in the investigation. Assistant United States Attorney Leslie E. Osborne, Jr., (808) 541-2850, is handling the prosecution. An additional contact person from the Fish and Wildlife Service is Mary Jane Lavin, Special Agent in Charge in Minneapolis 612-713-5320, or Scott Flaherty, 612-713-5309.
