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Mike King

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NEWS RELEASE: U.S. Department of Justice United States Attorney Southern
District of Florida 99 N.E. 4 Street Miami, FL 33132 (305) 961-9001
November 7, 2006

FORT PIERCE COMPANY AND PRESIDENT PLEAD GUILTY
AND ARE SENTENCED FOR ILLEGALLY IMPORTING
CORAL ROCK INTO THE UNITED STATES

R. Alexander Acosta, United States Attorney for the Southern
District of Florida, Eddie McKissick, Resident Agent in Charge, U.S.
Fish & Wildlife Service, Hal Robbins, Special Agent in Charge, NOAA
Fisheries Office of Law Enforcement, Southeast Division, and Jesus
Torres, Special Agent in Charge, Immigration & Customs Enforcement,
announced today that Carib Sea, Inc., a Fort Pierce based aquarium
supply company, and Richard Greenfield, 46, of Fort Pierce, pled guilty
and were sentenced in Miami federal District Court in connection with
the illegal importation of more than 42,000 pounds of protected coral
rock from Haiti to the United States. Both defendants were charged in
connection with a shipment that arrived in March 2006, contrary to the
laws of the United States and an international treaty intended to
protect threatened and endangered species of wildlife, all in violation
of the federal Lacey Act, Title 16, United States Code, Sections 3372
and 3373.

United States District Court Judge Marcia G. Cooke accepted the
guilty pleas of the two defendants and proceeded to immediate
sentencing. Carib Sea, Inc. was sentenced to a three year period of
court-supervised probation and ordered to make a $25,000 community
service payment to the South Florida National Park Trust to assist in
funding and enhancing the existing Coral Nursery Program in Biscayne
National Park; a program operating to increase scientific understanding
of coral growth with specific application to restoration and
enhancement
of coral reefs degraded by human activity and other causes by culturing
a supply of hard and soft corals for translocation into damaged sites.

Richard Greenfield was also placed on three years probation, and
ordered to pay a criminal fine in the amount of $25,000. Additionally,
the defendants were held jointly liable for storage and transportation
costs exceeding $10,000 which related to the March 2006 seizure and
approximately 40,000 pounds of coral rock found and seized by the
government at the company’s business location. The coral rock involved
in this matter, with a market value of approximately $75,000, is being
transferred to a non-profit research institution, Harbor Branch
Oceanographic Institute to avoid its being entered into commercial
commerce. The defendants are also obligated to publish a notice in
three
publications related to the aquarium trade, explaining their violation
of law and the applicable requirements of CITES and U.S. regulations.

According to the Information filed in this matter and a statement
of facts presented in Court, in March 2006, the defendants were
involved
in the importation of a cargo-container load of coral rock from Haiti.
Under a convention known as “CITES” - the Convention on International
Trade in Endangered Species of Wild Fauna and Flora, more than 150
countries have banded together to provide protection to a variety of
species in danger of imminent extinction, or which may become so, if
trade in their specimens is not carefully regulated. That protection
extends to all coral rock, which is an invertebrate within the phylum
coelenterate. To legally import such specimens into the United States,
the importer must, among other requirements, obtain and present to the
Fish & Wildlife Service a valid foreign export permit from the country
of origin, or if the country of origin is not a CITES member, such as
Haiti, a corresponding document described in U.S. regulations. Neither
of the defendants, or their Haitian supplier, possessed or presented
the
appropriate documentation for the coral in this case at the time of
importation

Coral reef destruction has been the subject of intense debate at
the meetings of the parties to CITES. Loss of reef habitat, which is
one
of the most productive and diverse ecosystems, is a world-wide concern.
As nurseries for marine species of commercial value, as well as a
source
of income from recreational fishing and eco-tourists, and a protective
barrier for coastlines, a significant effort is underway to preserve
the
existing reef structures and reverse their decline.

Mr. Acosta commended the coordinated investigative efforts of the
U.S.
Fish & Wildlife Service, the National Marine Fisheries Service, and
Immigration & Customs Enforcement, which brought the matter to a
successful conclusion. This case is being prosecuted by Assistant
United
States Attorneys Thomas Watts-FitzGerald.

A copy of this press release may be found on the website of the
United States Attorney's Office for the Southern District of Florida at
www.usdoj.gov/usao/fls. Related court documents and information may be
found on the website of the District Court for the Southern District of
Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
 

spawner

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Harbor Branch Oceanographic Institute to avoid its being entered into commercial commerce.

Who did they give it to? ORA? I'm sure it will go into some sort of commercial commerce quickly or just be pilled up.


http://www.tcpalm.com/tcp/local_news/ar ... 68,00.html
Fort Pierce firm's chief pleads guilty to illegally importing protected coral rock
Story Tools
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By DEREK SIMMONSEN
[email protected]
Posted at 2:48 p.m.
Updated at 4:29 p.m.
November 8, 2006
MIAMI — The president of a Fort Pierce company accused of illegally importing more than 42,000 pounds of protected coral rock from Haiti has pleaded guilty to a charge in federal court.

Richard Greenfield, 46, of Fort Pierce, and his business, CaribSea Inc., a local aquarium supply company, allegedly brought 357 bags of the material into the United States through Miami in March in violation of the federal Lacey Act, according to the U.S. Attorney's Office.

Betsey Moore, vice president of the company, said Wednesday that the material, often used in construction in Haiti, was mined from the land, not the ocean, and no living coral was harmed. Coral rock is typically used in aquariums for decoration, she said.

CaribSea Inc. did not have the proper permits to bring the material into the country, but has since obtained the necessary documents, Moore said.

"Plain and simple, we made a mistake," she said. "It was never intentional."

The company was sentenced Tuesday to three years of court-supervised probation and ordered to pay $25,000 to the South Florida National Park Trust to benefit the Coral Nursery Program in Biscayne National Park. Greenfield was put on three years of probation and ordered to pay a $25,000 fine.

He and his company are also liable for storage and transportation costs totaling more than $10,000 that were connected to the seizure and storage of the coral rock, court records show. Greenfield could have faced up to a year in prison on the charge and the company faced a maximum fine of $200,000.

The coral rock, which has a market value of roughly $75,000, will be transferred to the nonprofit Harbor Branch Oceanographic Institution to avoid it being used for commercial purposes. Erick Larson, director of research administrative at Harbor Branch, said the material will likely be used in conch study projects.

All types of coral rock, an invertebrate within the phylum coelenterate, are covered under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES, which more than 150 countries have signed to prevent extinction of various species of plants and animals by restricting their sale, according to the U.S. Attorney's Office. Export or re-import certificates issued by the U.S. government are required to bring the material into the country.

CaribSea, which has been in business locally for 35 years, has never had any similar violations, Moore said. According to the company's Web site, it has supplied hundreds of public aquariums, aquaculture facilities and home aquarists with millions of pounds of marine and freshwater substrates since its founding.


CaribSea Inc. did not have the proper permits to bring the material into the country, but has since obtained the necessary documents, Moore said.

"Plain and simple, we made a mistake," she said. "It was never intentional."

I've meet both of these fine people before and I have to say they are the nicest people I have ever met in the aquarium business.

I wonder why they were smuggling live rock and declaring it as sand?
 

bobimport

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I cant believe that they are right back to spinning what they did in Haiti. Some of that "live rock" was brain coral that were over 10 lb. I know the person who shipped them from Haiti. The guy in Haiti was digging up a reef and dropping it in a rock crusher. Their "permit" was obtained after the fact by 30 days or so and is questionable. How they thought they could bring up a container of coral up the Miami river and avoid clearing Fish and wildlife is beyond me. What arrogance. These people have been in the business for 35 years and did not know you have to give documents to fish and wildlife? Bull!!!!! Its cowboys like this that reflect on our business. Permits for more than 6,000 lbs are not supposed to be issued. The container was manifested as 40,000 lb of sand..... lol what spin I think there were 3 or 4 bags on the container. As an expert on permits in Haiti Fish and wildlife consulted with me after the bust and let me tell you what Carib is saying is just plain not true
 

spawner

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Makes me think someone else came up with the bright idea. Why would a company that is in the buisness of selling sand and mined rock suddenly get involved in a live rock operation?
 

bobimport

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Makes me think someone else came up with the bright idea. Why would a company that is in the buisness of selling sand and mined rock suddenly get involved in a live rock operation?



Hmmm I can think of some $$$$$$$$$$$$$$$$$$$$$$$

tey called it "allmost live rock"
 

spawner

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Sure, I can see the money, but there is a ton of risk involved with smuggling illegal rock into the US with that type of volume for only 75K or so. I can see a person trying it or a newly formed business that sells live fish and rock; but an established business, that was just plain dumb.

I mean if it was your good friend Alex, I’d understand that one completely, just an idiot being stupid, but for a long standing company to get involved in a highly illegal and unethical venture. I’m wondering who the buyer of the rock was, other than Carib Sea. Where were they going to store it? In there warehouse in Fort P? No water there.
 

bobimport

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They listed it on there web page as "almost Live Rock" Do you think this was the only load that they brought in? Not by a long shot and I understand that this case continues.........................Just the facts maam
 

nanocat

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The part that gets me is where it's Haiti that was being ripped off, but the fine goes to Florida :?
 
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Anonymous

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October 9th, 2006 - CaribSea Inc. is an enthusiastic supporter of coral reef conservation and has, over the years, contributed substantial monetary and material support to living coral research and captive propagation programs in the public, academic and private sectors. CaribSea Inc. imports coral rock as an ecologically minded alternative to ornamental corals and live rock from the ocean. Coral rock is gathered on dry land or mined from pits and does not harm living corals or coral reefs. However, coral rock does fall under the jurisdiction of the U.S. Fish and Wildlife Service and requires proper permitting for importation. CaribSea Inc., and Richard Greenfield individually have each pled guilty to a misdemeanor charge in association with a shipment of coral rock in March of this year that was not permitted properly. The U.S. Fish and Wildlife Service has since assisted CaribSea Inc.in obtaining the proper import and export permits.

Tony Wagner
Sales Manager
CaribSea, Inc.
 
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declevis

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Was just going to post what Gresham beat me to. Sounds like a mistake. Also seems like some might need to settle down and look at the situation from another perspective.
 

bobimport

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Some mistake !!
Smuggling 40,000 lb of coral under the noses of Fish and wildlife.
Word is that it smelled like hell when the feds opened the container.
Despite the spin it was rock taken out of the ocean covered with coral.
You don't find brain coral in a rock pit. They got caught with their pants down and should just live up to it.........Ah what about all the other containers? They just forgot to get permits? Gee they have been in the business so long and forgot that you need permits? What a joke :evil:
 

13engrsapper

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Allow me to clarify things for all of you as Bob is obviously upset. If you read the report there is no charge for smuggling - where is he getting this? It is simply a permit that was not in it's proper place, a misdemeanor that carried a very heavy penalty. Add it up, $60,000 in fines. I know Bob was trying to purchase this product from them, maybe he is mad about someting between the companies? But that is neither here nor there. What Bob is doing is slanderous, and dangerous, beware of people that claim to be "experts" on the internet.
 

bobimport

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So you know I was trying to buy from them?

Websters defines smuggling as
: to import or export secretly contrary to the law and especially without paying duties imposed by law
2 : to convey or introduce surreptitiously
intransitive verb : to import or export something in violation of the customs laws

seems to fit exactly what they did. And how would you know I tried to buy rock from them? Do you work there? Looks like you are new around here.
Let me introduce myself. I own D.R.Imports I worked for 2 years to get this government to accept permits for rock from Haiti. I sell about 250,000 lbs of rock from Haiti a year. I am the only importer importing ricordea on rock. Yellow ,green, blue you name it. I helped draw up the actual form of the permit that is used in Haiti. So its nice to see a company like Carib come in like a bull in a china shop and screw things up. then get busted and lie about what they did. Lets see what the statement is that they use when they (you) publish. I know that the guy that was shipping Carib sea from Haiti got his behind put in jail over stripping copper phone wire off telephone poles and selling it to the US. He charged 0.25 cents a lb for 40,000 lb's of rock FOB PAP. I think his name was Sea MAR or something like that. I have been doing business for 20 years in Haiti. Not much moves in Haiti without me knowing about it. And when the feds want to know something they know my phone #
By the way your container was shipped on Antilles Lines to the Miami River. They have a warehouse on S. River Drive in Miami. I know the container sat for over 30 days without being picked up. Were they afraid to go near it after Customs refused to clear it? I know that all of a sudden Carib sea got "religion and got a permit" I know who sighed the permit. Would you like the container # that the coral arrived in? I know that this was not the only container that carib forgot to clear. Just how does a company "forget" to get permits anyway?
oops i forgot about that pot in my luggage officer
 

13engrsapper

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Two Indicted For Importing Lizards

Miami, Florida: Two men are charged with illegally importing lizards into the US. Howard Moss and Robert Kelton have been indicted for bringing more than eleven thousand Haitian curly-tailed lizards into Florida in 1995 and 1996. Haiti bans the export of such reptiles, but the pair was able to get around the ban by using fraudulent documents claiming the lizards were from elsewhere in the Caribbean. They face a maximum of 14 years in prison and nearly two million dollars in fines.

Source: States News Service (USA), 2 April 99.
 

bobimport

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exactly what does that prove. We all make mistakes just some of us dont lie about it . Your bust started with a phone call from haiti to me. "Bob a company is collecting rock from the REEF and shipping it to Miami In a cargo container, can we do the same?"
My response was "let me call fish and wildlife and find out". So I did.
F&W response was "WHAT CONTAINERS?"and "bob what's going on in Haiti" I just told them I would like to import rock from Haiti in containers coming up the Miami river like you. Since they had never cleared a container of rock /coral they wanted to know what was going on. And by the way I saw what you brought in. I was asked if permits we issued in Haiti for this stuff ( coral heads , 10 lb brain coral's) AND IT WAS PLAIN IT WAS HAMMERED OFF THE REEF. So stop trying to down play it even the photos you posted on your web page showed it was not dug up.
The fish shippers in Haiti were ballistic about your shipper hauling up the coral from the reef and crushing it. Something about killing the reef
 

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