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TRIBUNE-REVIEW (Pittsburgh, Pennsylvania) 02 September 05 Man faces charges of wildlife smuggling (Tom Yerace)
A Greensburg-area man has been indicted on federal charges of trafficking in illegally transported wildlife and smuggling goods into the United States.
John Pen Tokosh, of RR 2 Greensburg, was indicted by a federal grand jury in Pittsburgh, according to an announcement Thursday by U.S. Attorney Mary Beth Buchanan.
Tokosh is the sole defendant in the three-count indictment that accuses him of being involved in the intent or offer to sell and purchase or the actual sale and purchase of Indian star tortoises and Burmese star tortoises. Attempts to reach Tokosh for comment were unsuccessful.
The two species are listed as protected under the international treaty known as the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
According to the indictment, listed species are not necessarily threatened with extinction but may become threatened unless trade in them is strictly regulated.
The indictment also notes that wildlife importers or their agents must file a completed declaration for importation or exportation of fish and wildlife with the U.S. Fish and Wildlife Service. Also, federal law prohibits the importation, exportation or transport in interstate commerce of any container or package holding fish or wildlife unless conspicuously marked and accompanied by a list of its contents, including the species' scientific name and the number of each species.
In addition, the indictment notes that the Lacey Act of 1981 makes it illegal for someone to knowingly engage in conduct involving the sale or purchase of wildlife with a market value in excess of $350 , knowing that the wildlife was taken, possessed, sold or transported in violation of or in a manner unlawful under any wildlife-related federal or foreign law.
Tokosh, according to the indictment, did that on three different occasions. In August or September 2002, Tokosh acquired and purchased and then resold two Indian Star tortoises, the indictment alleges.
In February or March 2003, he did the same thing with two Burmese star tortoises, and finally around April 2004, he repeated those actions but with five Indian star tortoises, according to the indictment.
The indictment said the final shipment of Indian star tortoises was concealed within a shipment falsely labeled as "plastic figures samples" that was not declared upon entry to the U.S.
Further details on how the tortoises were shipped, where they were shipped from, where they entered the U.S. and where Tokosh picked them up were not available in the indictment.
Margaret Philbin, spokeswoman for the U.S. Attorney's Office, said she could not comment on any information not provided in the indictment.
Assistant U.S. Attorney Luke E. Dembosky, who presented the case to the grand jury, said the law provides for a maximum sentence of 15 years in prison, a $290,000 fine or both.
http://pittsburghlive.com/x/tribune-review/s_370043.html