Wildlife Violations

Experienced Federal Defense Counsel for Criminal Offenses Involving Fish and Wildlife

Federal authorities have recently been cracking down on wildlife violations—including in states well-known for hunting and fishing such as Alaska, Montana, and Wyoming. We have recently seen cases targeting hunting and fishing guides and other individuals and businesses; and, in these cases, substantial penalties have been on the table. If you are under investigation or facing charges for unlawful taking of wildlife resources or any other federal wildlife offense, it will be important for you to engage experienced defense counsel as soon as possible.

At Oberheiden P.C., we represent individuals in cases involving suspected violations of the Endangered Species Act and other federal statutes. While these cases can arise under a wide range of circumstances, in many cases, they arise when citizens report violations (or suspected violations) to federal wildlife officers. If you have been accused of a federal wildlife-related offense under any circumstances, we can help. We have extensive experience defending clients against serious federal charges, and several of our defense lawyers previously served as federal prosecutors at the U.S. Department of Justice (DOJ).

Matters We Handle

Our lawyers represent individuals and companies accused of all types of criminal offenses involving fish and wildlife under federal law. We handle matters including, but not limited to:

U.S. Fish and Wildlife Service (FWS) Investigations

The U.S. Fish and Wildlife Service (FWS) holds primary responsibility for enforcing the nation’s wildlife conservation laws in the field. Along with its anti-poaching program, the FWS also uses a variety of other tools to identify suspicious activity and determine when prosecution for violations of federal wildlife laws and regulations may be warranted.

If you are facing a U.S. Fish and Wildlife Service investigation, our lawyers can intervene in the investigation and communicate with FWS officers on your behalf. Whether you are under investigation for hunting without a license, operating a guiding service without a permit, taking or possessing protected species, unlawfully selling or transporting protected species, or any other wildlife-related offense, we can work quickly on your behalf to target a favorable resolution that avoids unnecessary consequences.

In many cases, we are able to resolve our clients’ investigations without formal charges being filed. If you don’t get charged, you can’t face a conviction in federal court. As long as it is not too late to do so, once you engage our firm to represent you, we will focus our representation on helping you avoid a federal indictment.

Endangered Species Act (ESA) Violations

The Endangered Species Act (ESA) establishes civil and criminal penalties for a wide range of wildlife-related violations. Crimes that can be prosecuted under the ESA include (but are not limited to):

• Exporting protected species from the United States
• Taking protected species within the United States, in the United States’ territorial seas, or on the high seas
• Possessing, transporting, or shipping any protected species
• Selling (or offering for sale) any protected species
• Violating federal regulations intended to protect endangered species

The ESA prohibits the importing of endangered species from other countries as well. This includes endangered deer species along with protected big game animals, among many others. If you are facing charges for possession, importing, exporting, or any other offense under the ESA, you will need to execute a strategic defense to avoid severe penalties.

Lacey Act Violations

Along with the ESA, the Lacey Act is another of the primary federal laws that protect fish and wildlife in the United States. Wildlife crimes that can be prosecuted under the Lacey Act include, “importation, exportation, transportation, sale, receipt, acquisition, or purchase of any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States . . . .”

Migratory Bird Treaty Act (MBTA) Violations

The Migratory Bird Treaty Act (MBTA) prohibits the taking (including capturing and killing) of protected migratory bird species without prior authorization from the U.S. Fish and Wildlife Service. It also prohibits U.S. hunters from targeting protected migratory bird species in Canada without a valid permit. In one recent case, the DOJ secured an indictment against a hunting guide who is accused of illegally taking clients across the U.S.-Canadian border to hunt harlequin ducks after the harlequin season in the U.S. had closed for the year.

Convention on International Trade in Endangered Species (CITES) Violations

The Convention on International Trade in Endangered Species (CITES) also prohibits crossing the U.S.-Canadian border for the purpose of taking, transporting, or selling protected species. More than 40,000 species are protected under CITES. Oftentimes, enforcement of CITES will lead to prosecution for criminal violations of the Endangered Species Act, the Lacey Act, and the Migratory Bird Treaty Act as well.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

What You Need to Know if You Are Under Investigation or Facing Charges for a Federal Wildlife Violation

If you are under investigation or facing charges for any alleged federal wildlife crime, there is a lot you need to know. All persons charged with federal wildlife crimes can face prosecution in federal court; and, as noted above, wildlife-related convictions can carry substantial penalties. Here are some key pieces of information:

• You Need to Prioritize Your Defense – In the event that you are targeted for an alleged criminal wildlife violation under any federal law or regulation, you need to prioritize your defense. No matter what happened, you have defenses available, but it will be up to you and your legal counsel to assert these defenses effectively.
• You Cannot Afford to Make Any Assumptions – While you have defenses available, at this stage you cannot afford to make any assumptions about the risks you are facing. To avoid unnecessary consequences, you will need to execute a strategic defense with the advice and representation of highly experienced defense counsel.
• You Should Not Submit to Questioning – You should not submit to questioning by the U.S. Fish and Wildlife Service or any other federal authorities. No person can be forced to submit to questioning against his or her will; and, after an arrest, you have the clear right to refuse to answer any and all questions about your whereabouts and activities.
• Getting Arrested Does Not Necessarily Mean You Will Be Convicted – An arrest on its own is not indicative of guilt. While federal officers at the U.S. Fish and Wildlife Service may have believed that you were guilty of a crime, you still have several opportunities to fight to avoid a conviction.
• Your Choice of Legal Representation Matters – When you are at risk of facing criminal prosecution for alleged wildlife violations, your choice of legal representation matters. It is critical that you choose a law firm that has the ability to represent you effectively.

FAQs: Defending Against Allegations of Wildlife Crimes

Speak with a Wildlife Violation Defense Lawyer at Oberheiden P.C.

If you would like to speak with a lawyer at Oberheiden P.C. about your federal wildlife case, we encourage you to contact us promptly. To schedule a free and confidential initial consultation with one of our senior defense lawyers as soon as possible, call 888-680-1745 or tell us how we can reach you online now.