NAT 69/09
A man who traded in ivory from endangered species on eBay was
sentenced to 10 months in prison today at Luton Crown Court
following an international investigation by HM Revenue &
Customs (HMRC). Elephants’ tusks and whales’ teeth had been carved
into billiard balls or used to make corkscrews before being sold
on the commercial website.
Nicholas Noonan, 46, of Bedfordshire, pleaded guilty on 5 October
2009 to charges relating to illegal trading in African elephant
tusks and sperm whale teeth as well as ivory artefacts. The trade
of these items is restricted under the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES).
The investigation was launched in 2006 when covert agents from
the US Fish and Wildlife Service received an unsolicited email,
via eBay, asking them to look at a number of tusks that were
listed for sale by Noonan. Over the following months, Noonan
traded various tusks, teeth and artefacts with the undercover
agents; the evidence was then passed on to HMRC officers.
Noonan’s home was raided by HMRC officers who found various
items, which were examined by experts at the Natural History
Museum. These were confirmed as elephants’ tusks and whales’ teeth
– some of which had been used to make corkscrews or carved with
decorative images. In an attempt to continue trading ivory on
eBay, Noonan had illegally obtained a certificate of exemption,
then falsely altered and used it to pretend that specimens had an
exemption certificate.
Peter Millroy, Assistant Director of HM Revenue & Customs said:
“This was a concerted effort to break a law which is designed to
preserve species at risk of extinction. The sentence handed down
today shows that anyone tempted to trade in protected creatures
and plants should think again.”
Notes to Editors
1. Details of the defendant: Nicholas Noonan, DOB 02/08/1963 of
Shortcroft Court, Barton-Le-Clay, Bedfordshire.
2. Details of charges:
· Being knowingly concerned in the fraudulent evasion of a
restriction on the exportation of goods, contrary to section
170(2)(b) of the Customs and Excise Management Act 1979 (three counts),
· Sale etc. of endangered species contrary to Article 8 of
Council Regulation (EC) No. 338/97 of 9 December 1996 on the
protection of species of wild fauna and flora by regulating
trade therein, contrary to regulation 8 of the Control of
Trade in Endangered Species (Enforcement) Regulation 1997 (as
amended by the Control of Trade in Endangered Species
(Enforcement) (Amendment) Regulation 2005) (four counts),
· Making a false statement for the purposes of obtaining a permit
or certificate, contrary to regulation 3(1) of the Control of
Trade in Endangered Species (Enforcement) Regulation 1997 (one count),
· Falsification or alteration of a permit or certificate,
contrary to regulation 4(1) of the Control of Trade in Endangered
Species (Enforcement) Regulation 1997 (one count),
· Misuse of a permit or certificate, contrary to regulation 4(2)
of the Control of Trade in Endangered Species (Enforcement)
Regulation 1997 (one count).
3. CITES is the internationally agreed pledge to protect
endangered animals and plants from exploitation. The agreement
covers the trade in plants and animals that are alive or dead, and
even from products that derive from them. This includes certain
traditional Asian medicines whose ingredients often contain tiger
bone, bear bile and the musk glands from deer.
Over 5000 species of animals and 28000 species of plants are
protected by CITES.
To comply with the legal requirements set by each country under
the CITES agreement, importers and exporters - whether they are
tourists or business people - need to present the appropriate
CITES permit or declaration to the customs officials. Criminals
intent on trading in endangered species will, however, often
resort to smuggling by either:
· Giving a false description of the goods
· Avoiding customs controls
· Falsify permits and licenses
· Concealing items or specimens on the body, in vehicles or in
freight containers
· Sending live animals in the post
In the UK, CITES fraudsters and smugglers risk up to seven
years' imprisonment and/or an unlimited fine.
4. Revenue and Customs Prosecutions Office (RCPO) was created by
the Commissioners for Revenue and Customs Act 2005. An independent
prosecuting authority, RCPO reports directly to the Attorney
General and is responsible for prosecuting cases for HMRC and
SOCA. It prosecutes some of the largest drug and fraud cases in
the UK. For further information about RCPO, please contact its
press office on 020 7147 7746 or visit www.rcpo.gov.uk.
Issued by HM Revenue & Customs Press
Office
Press enquiries only please contact:
Contacts:
Sara Gaines
Phone: 020 7147 0394
sara.gaines@hmrc.gsi.gov.uk
Jonathan Hall
Phone: 020 7147 0052
jonathan.hall@hmrc.gsi.gov.uk