California Fish and Game Wardens Association - CFGWA SOU

It has been estimated that annual profits from illegal commercialization of California’s fish and wildlife is well over one hundred million dollars. This black market is second only to the drug trade. The individuals and groups responsible for these resource violations cause a much greater impact to fish and wildlife than sport violators because of the shear volume involved.

Profits from this illegal trade would be substantially higher and negative impacts to California’s resources would be paramount if aggressive enforcement measures were not implemented.

Because of these facts a members’ request from the legislature was handed down to initiate the formation of a permanent team of wardens within the Department of Fish and Game to target illegal commercialization of wildlife.

The Special Operations Unit (SOU) of the California Department of Fish and Game was formed for the purpose of investigating, infiltrating and apprehending those who steal California’s natural resources for profit.

The SOU has conducted many successful operations, bringing to justice high profile, large scale poaching rings operating in and around our state. These successes have not come without intensive training, resources, flexibility, support from the Department and efforts from members of the unit.

The SOU focuses their efforts on priorities set by the Department. Investigating illegal commercialization of fish and wildlife is high priority. In addition, investigations are directed by the Supervisor of the SOU and those investigations focus on fragile species highly targeted by the black market.

The duties of an SOU warden are in much contrast to a uniformed warden. Much of the SOU’s time is spent traveling extensively to different areas of the state wherever commercial cases occur. The duties include long term investigations required to successfully apprehend and prosecute the worst of the worst abusers of California resources The current SOU has taken many steps to enhance their investigative abilities with training in a wide variety of topics. Technology has moved to the forefront of many investigations with equipment such as GPS tracking units, infrared scopes, pen register phone taps, and much more. In some cases, the use of technological equipment save many personnel hours in an investigation, however, circumstances in other cases still require time intensive moving and stationary surveillance techniques, coupled with short and long term undercover infiltration of suspects.

The SOU wardens are also members of the Western States Wildlife Investigators (WSWI). WSWI members are made up of Wildlife Investigators from California, Washington, Oregon, Nevada, Montana, Colorado, Wyoming, New Mexico and Idaho. California SOU has always been looked upon by these other states as being on the cutting edge in investigations and a unit to try to emulate. Supervisors of SOU are current members of a steering committee from WSWI responsible for the creation of an eighty-hour Covert Wildlife Investigators Academy. This course was created to alleviate liability concern for the above-mentioned states Fish and Game Departments regarding putting covert officers in the field without proper training.

California SOU was selected to conduct the first academy in 2002, held at the Presidio in San Francisco. SOU accomplished Peace Officers Standard and Training (POST) certification prior to the first academy held in 2002. This academy was deemed such a success the WSWI steering committee asked California SOU members to again sponsor the academy in 2003. This academy was also a success and SOU has been requested to help instruct and facilitate the 2004 WSWI Covert Wildlife Investigators Academy in Colorado. All of these accomplishments were met without the use of
department funds.

With the Department in such financial dire straights, there has never been a more appropriate time for programs to justify their existence. Nothing justifies the existence of a program more than being able to produce extremely successful results. The SOU has an
exemplary track record with quantity, quality and successful prosecutions with major commercial wildlife cases. The SOU has a one hundred percent case acceptance rate by the various District Attorney’s Offices utilized throughout the state as well as a one
hundred percent conviction rate.

In a very conservative estimation of court dispositions
and resource savings from the SOU cases in the past five years (court dispositions available to back up these estimations), the following is true:

Attached are only a few examples of substantial cases the SOU has investigated and has had adjudicated in court.

Hopefully these facts will assist in decisions regarding retention of valuable, successful, result producing programs designed to uphold and act on the Department of Fish and Game’s purpose of existence; protecting and preserving California’s natural resources.

CALIFORNIA DEPARTMENT OF FISH AND GAME
SPECIAL OPERATIONS UNIT
ILLEGAL COMMERCIALIZATION OF WILDLIFE CASES
DISPOSITION EXAMPLES

Operation Deep Down – Sonoma County Superior Court – 1997

Investigation into the illegal sales of large quantities of sport taken north coast abalone. Suspects were shipping abalone overseas for higher profits. Chris Doan, Jason Deip, Lou Deep all convicted of felony conspiracy to sell sport taken abalone. Sentenced to three years in state prison (suspended) served 12 months county jail. Each fined $40,000, search & seizure, 3 years probation.

Operation Night Air – Sonoma County Superior Court – 1998

Investigation into the illegal take of abalone at night with scuba gear. Suspects claim to employ college students to assist in take. SOU inserted undercover officer who purchased large quantities of abalone on three occasions while confirming other illegal sales. Van Ky Do, Doanh Thi Nguyen and Nam Huu Ngo convicted of felony conspiracy to harvest and sell sport taken abalone. Sentenced to 16 months county, $20,000 fine, vehicle forfeited / 60 days county, $5000 fine, S&S, / 6 months county, $10,000 fine, S&S respectively.

Operation Red Hat – Sonoma County Superior Court – 1999

Large group of subjects from Oakland and San Francisco diving on the north coast on a daily basis and selling their harvest in the bay area to various businesses and individuals. Van Hy Vi, Queyen To Huen, Raymond Tich, Phuc Ky Luong, Mei Mei Huong, Hin Huong, Kong Le, Peter Gee and Randy Ou all convicted of conspiracy to harvest and sell sport taken abalone. Sentenced to 1 year county, $12,500, vehicle forfeited, S&S / 120 days county, $3000 / 1 year county, $11,500, vehicle forfeited, S&S / 1year county, $10,000,S&S/90 days county,$10,000, vehicle forfeited, S&S / 6 mo. County,$10,000, S&S / 90 days county,$2,500 / 6 mo. County,$5,000, S&S / 13 days county,$3,500 respectively.

Operation Headlands – Mendocino County Superior Court – 1999

Investigation into a large group of subjects from Sacramento diving frequently on the north coast for abalone and selling their harvest in the Sacramento area. Caught with 69 abalone in possession on the coast. Benson Le, Nghia Thi Le, Cong Van Le, Ming Van Le all convicted of conspiracy to harvest abalone for commercial purposes. 90 days county jail, vehicle forfeited, $2,500 / dismissed (5150) / 9 mo county,$2,500 / 6 mo county, $2,500 respectively.

Operation Three Muskateers – Sonoma County Superior Court – 2000

Investigation into a large group of abalone divers frequenting the north coast and selling their harvest to various businesses and individuals in the bay area.Nam Nguyen, Peter Gee, Richard Gee, Chingpin Ou, Sau Van Pham all convicted of felony conspiracy to harvest sell and purchase sport taken abalone. 3 years state prison, $15,000, license revoked for life / 3 years state prison, $15,000, license revoked for life / 3 years state prison,$15,000 fine, license revoked for life / 16 mo county,$10,815, license revoked for life / 16 mo. county,$10,815/vehicle forfeited, license revoked for life.

Operation Snailtac – Sonoma County Superior Court – 2000

An ex commercial abalone diver and board member of the Abalone Advisory Committee who betrayed his constituents by making numerous night time trips to the north coast and illegally harvested hundreds of abalone with scuba gear. Roberts continued to sell the illegally caught abalone to Jimmy Fong, his old fish buyer from San Francisco, who is also awaiting trial. Joel Roberts and John Funkey convicted of felony conspiracy to harvest abalone for commercial purposes. 3 years state prison, $20,000 / license revoked for life / 6 mo. County, $2,500, testimony against 3rd defendant, revoked for life.

Operation Seapups – Sonoma County Superior Court – 2001

Phil Murphy and Jimmy Fong conspire again to sell sport taken abalone. Both are arrested for felony conspiracy to harvest abalone and sell illegally. Both convicted of charges, Murphy spends 60 days in jail, fined $15,000, all dive gear and his truck are forfeited and he is suspended for life for sport and commercial take. Fong sentenced to 90 days in jail, fined $20,000 and his sport and commercial license suspended for life, which results in the close of his ‘Goldmine Seafood’ business on pier 45 in San Francisco.

Operation 2nd Time Around – Marin County Superior Court – 2001

A renewed investigation into a known suspect illegally taking and selling sport abalone. SOU inserted undercover officer for the second time in five years and she purchased large amounts of abalone on two occasions as well as confirming other independent illegal sales. Vu Truong, Bich Chi Thi Tran, Tung Thanh Duong, Than Chi Luong all convicted of felony conspiracy to harvest and sell sport taken abalone. 1 year county, $30,000, license revoked for life, S&S / 90 days jail, $15,000,vehicle forfeited / license revoked for life / 40 days county, $15,000, license revoked for life, S&S / 90 days county, $15,000, vehicle forfeited, license revoked for life.

Operation Vung Tau – Santa Clara County Superior Court – 2002

A spin off case from 'Operation 2nd Time Around'. This was a restaurant the main suspect admitted to undercover officer of selling abalone to over a period of time. SOU again inserted an undercover officer into this restaurant and sold large amounts of abalone to restaurant on three occasions. (seized abalone from other cases, no further damage to resources.) Duc Huu Huynh, Nhan Thi Huynh convicted of purchasing sport taken abalone. Owners of the Vung Tau Restaurant in San Jose. Fined a total of $96,000. Search and seizure probation terms.

Operation Poacher Valley – Mendocino County Superior
Court – 2002

Larry St. Clair arrested for illegal take of 68 abalone along the north coast with scuba gear. This activity had been ongoing and he was selling his harvest in China Town, San Francisco. St. Clair pled guilty on October 5, 2002. He was sentenced November 5, 2002 and received 365 days in jail, $15,000 fine, his Zodiac boat, trailer and dive gear forfeited to the Department and a life-time revocation of his fishing license.

Operation Kennel Wasp – Kern County Superior Court –
2003

Illegal guides and taxidermist operating in Kern County and violating numerous fish and game violations and killing many bear illegally. SOU inserted undercover officers who accompanied illegal guides and taxidermist on two occasions while bear taken out of season and at night while trespassing on private property. All done for profit. Mike Milam, Jesse Merrill, Ron Huckaby convicted of felony conspiracy to take bear out of season, after hours, illegal guiding. 60 days county, vehicle forfeited, $10,000, hunting / guide license revoked for life / 60 days county, vehicle forfeited, $10,000, hunting license revoked for life / no jail due to terminal illness.

Poaching Bears

Operation Hound Master – Kern County Superior Court – 2003

Houndsman suspected of killing numerous bear and selling bear parts. SOU inserted undercover officers who spent numerous days and nights with suspect witnessing many Fish and Game violations and confirming information. Lodis Williams, Ray Galindo, convicted of felony conspiracy to take bear illegally, etc. Pled guilty to all counts and sentenced to 120 days in jail, vehicle forfeited to department, three years probation, hunting license revoked for life. An additional six defendants pled guilty to various related misdemeanor Fish and Game charges and were jailed and fined various amounts.

Operation Storm – Tulare County Superior Court – 2003

Investigation into guide taking bear illegally. SOU inserted undercover officer who witnessed illegal take of bear. Three suspects pled guilty in Tulare County Court to illegal take of bear. Fined $1000, jail time and guide licenses revoked.

Operation Delta Beluga – Sacramento County Superior Court – 2003

Several month investigation into the illegal take and sales of sturgeon and caviar. SOU inserted undercover officer into main suspects. A large scale take down conducted where 22 suspects arrested for various charges, including felony conspiracy to buy and sell sport taken sturgeon. Connections made to Oregon and Washington suspects where SOU followed large shipments of illegal white sturgeon caviar from Sacramento Delta to Washington state. Joint investigation with Oregon, Washington and US Fish and Wildlife Service. Agent in Washington inserted into their suspects who purchased California caviar for $5000. A total of 28 defendants in entire case. Various sentences ranging from $15,000 plus penalty assessment ($45,000) 120 days in jail, search and seizure, to $3000 fines and probation.

Operation Bohemian Back Roads – Sonoma County Superior Court – 2003

Investigation into two abalone divers harvesting abalone almost daily on the north coast, failing to punch cards and selling abalone. SOU surveillance confirmed activity and discovered main buyer is associate of suspects in Operation Night Air from 1998. SOU covertly observed sale of abalone to buyer and is prepared with search warrants and takes down all three suspects. Thousands of abalone shells discovered in main divers residence and admission of on going sales for past five years. Three vehicles seized, all three jailed. Case pending in Sonoma County.

Operation “Tales of the Fish Patrol” – Contra Costa County Superior Court – 2004

Investigation into two sturgeon fishermen harvesting white sturgeon from the Carquinez Strait and selling their catch to two individuals from San Jose (Santa Clara County). Those individuals would in turn, re-sale the fish to individuals amongst the community of San Jose. Felony conspiracy charges against two fishermen and two brokers from San Jose to sell and purchase white sturgeon are being charged in Contra Costa County. In addition, Contra Costa County is charging the buyers in San Jose with illegal purchase of sport taken fish (7121). Five buyers pled guilty to illegal purchase of sport taken sturgeon. Fines ranged in amounts from $200 to $2000. The two fishermen pled guilty to illegal sales of sport taken fish. Both of their vessels were forfeited to the Department, one received a fine of $1000 as the other main fisherman received a fine of $6400, his fishing license suspended for three years.

Operation Chen Sac – San Francisco County – 2004

Investigation into the illegal harvest and sales of north coast red abalone. A core group of three divers from San Francisco would travel to Mendocino and Sonoma Coasts and dive for abalone. They would then sell their catch in and around the city of San Francisco for $50 each. In September four subjects were arrested and charges pending against several more. Case is pending in San Francisco.

Operation Delta Beluga II – Sacramento County – 2005

Investigation into the illegal sales of white sturgeon/caviar involving suspects from the Sacramento and San Francisco areas. Six individuals arrested. Five have pled guilty to charges and fines ranging from $800 to $8,000, probation and revoked licenses. Main suspect is scheduled for jury trial in May 2006.

Operation Deep Down II – Sonoma County – 2005

Three individuals arrested in the middle of the night on the North Coast with a load of abalone for sale in the bay area. A two month investigation led to arrests and search warrants being served at residences. Trial pending for June in Sonoma Court.