Northern District of Indiana United States Attorney Joseph S. Van Bokkelen announced today that a Grand Jury in South Bend, Ind., released a 38-count indictment charging two men with illegally selling and transporting wildlife across state boundaries; facilitating the illegal killing and transportation of wildlife; knowingly providing false information to federal agents; and, illegally introducing chemicals into food producing wildlife for interstate transfer.
The indictment charges Russell G. Bellar, 49, of Peru, Ind., and Hinds Tom Jones, 36, of Edwards, Miss., with more than 30 felony violations of the Lacey Act, each. The Lacey Act is a federal wildlife protection law and each felony violation can result in a maximum fine of $250,000 and/or 5 years in prison.
“ This became a federal investigation when it was evident that deer were being killed or sold unlawfully and many of the hunters were from out of state,” said U.S. Fish and Wildlife Service Law Enforcement Agent Paul Beiriger, lead investigator for the case. “The Indiana DNR conducted an exceptional investigation and worked closely with us to bring this toward the prosecution phase.” Under the Lacey Act, it is a violation of Federal law to import, export, transport, sell, receive, acquire, or purchase in interstate commerce any wildlife, including fish, that was taken, transported, possessed, or sold in violation of any state of law.
U.S. Fish and Wildlife Service and Indiana Department of Natural Resources law enforcement agents, with assistance from the U.S. Food and Drug Administration – Office of Criminal Investigations, began investigating the activities of Bellar and Jones at their place of business, Bellar’s Place, Inc., located near Peru, Ind., in October 2003. Bellar’s Place, Inc., is operated as a hunting preserve owned by Bellar and was managed by Jones at the time of the investigation. The investigation included wildlife agents posing as hunters; detailed interviews with hunters, business associates and employees; and, the execution of federal search warrants at Russell Bellar’s private residence and two of his businesses.
Details of the indictment and investigation allege that Bellar and Jones conducted at least 51 illegal deer hunts on the property since January 2001. The indictment states that many hunters were unlicensed, used illegal weapons and hunted with the aid of bait. In addition, the hunters were often allowed to choose specific deer and were charged up to $20,000 to kill the animals in an enclosed hunting area. The deer were often drugged and had their antlers measured prior to being placed into small pens where they were killed. Once the deer were killed, the antlers, hides and drug contaminated meat were illegally transported, often across state boundaries.
“The case is very important as a matter of law and of ethical treatment of wildlife,” said Lt. Col. Jeff Wells, executive officer for the DNR law enforcement division. “This deer farm sedated wild animals and put them in small pens to be sold and shot for large sums of money. Antlers and deer hides were then illegally transported across state lines to be turned into trophies, and meat tainted with drugs was carelessly introduced into the food supply. This was not hunting. It’s just wrong.”
Bellar’s Place, Inc., is licensed by the State of Indiana as a game breeding facility. This license authorizes the facility to possess deer in captivity and to buy and sell deer for breeding purposes. The license does not allow the sale of deer for hunting. To sell a specific deer for hunting is illegal in Indiana.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the governments burden to prove guilt beyond a reasonable doubt.
The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 544 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.
