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Turtle Bandit Gains Sentence

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Category: Wildlife
Type: News
Source: U.S. Fish and Wildlife Service
Date: Thursday, December 10th, 2009

Michael P. Ellard, a Florida reptile dealer, was sentenced in U.S. District Court today, Northern District of West Virginia in Martinsburg, W.Va. for his conviction on federal wildlife charges related to interstate turtle trafficking. Ellard will serve one year of home detention, 5 years of probation and pay $12,000.00 in restitution for his participation in the illegal capture and transportation of protected turtles, a violation of the Lacey Act, which prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold.

The U.S.F.W.S.'s Office of Law Enforcement worked in collaboration with the West Virginia Department of Natural Resources on the investigation, which began in June 2008 and focused on the illegal removal of State-protected turtles from the wild. That investigation led to a federal grand jury indictment of Ellard and 2 other Florida men for conspiracy and Lacey Act violations. Surveillance by law enforcement officers resulted in the apprehension of the 3 Florida men as they were transporting turtles to Florida on Interstate 81, an eastern interstate corridor, for eventual sale in the pet trade.

"This investigation once again shows the importance of Federal/State partnerships in protecting America's wildlife," said Special Agent in Charge Salvatore Amato, who directs Service law enforcement operations in the Northeast. "Illegal collection and black market trade are significant threats to U.S. turtle populations - many of which already require state protection or regulation."

Ellard is the 2nd of the 3 defendants to appear for sentencing in this case. Kelly W. Stoops II was sentenced in August 2009 by U.S. District Court Judge John Bailey to 5 months in federal prison, 5 months of home detention, and one year of supervised probation. A 3rd man, Eric B. Diana, has not yet been sentenced, due to current incarceration in Florida on unrelated offenses. All 3 men pleaded guilty to one count under separate plea agreements.

At the time of their arrest, the 3 men were found with 108 wood turtles, four Eastern box turtles, and six snapping turtles in their possession during an attempt to transport them across state boundaries from West Virginia.

West Virginia has placed box turtles on their Rare, Threatened and Endangered Animals list as "very rare and imperiled." The State regulates the collection and commercialization of these and other native turtle species to ensure that such activity does not jeopardize the species' survival in the wild.

There are close to 300 different kinds of turtles worldwide ranging from marine turtles, land turtles to freshwater turtles. Turtles have been known to exist in their earliest forms since approximately 230 million years ago. Turtles can live between 30 to 100 years.

Wood turtles are generally a long-lived species, reaching in excess of 33 years in the wild. In recent times, turtles have suffered habitat loss, Hwy. mortality and collection for the pet trade industry.

The U.S.F.W.S. works 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 a 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 about our work and the people who make it happen, visit http://www.fws.gov.

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