Environmental Crimes Bulletin January 2024 Week 5

In this issue:

• United States v. Jose Parra-Villalobos, et al., Nos. 7:20-CR-00010, 5:23-CR-00036 (E.D. Ky.), AUSA James Chapman
• United States v.  Roberto Guimary Machado, et al., Nos. 4:22-CR-00640, 4:23-CR-00382 (S.D. Tex.), AUSA Robert Searls Johnson

United States v. Jose Parra-Villalobos, et al., Nos. 7:20-CR-00010, 5:23-CR-00036 (E.D. Ky.), AUSA James Chapman

On January 29, 2024, Jose Parra-Villalobos pleaded guilty to violating the Animal Welfare Act for selling gaffs intended for use in an animal fighting venture. The defendant also pleaded guilty to distributing misbranded prescription animal drugs (7 U.S.C. § 2156(d); 21 U.S.C.  841(a)(1)). Sentencing is scheduled for March 5, 2024.

Parra-Villalobos resides in California. Investigators with the Food and Drug Administration received a tip that Parra-Villalobos sold Wormal tablets and Zeromite packets (unregistered pesticides used in connection with cockfighting events) via online sales. Further investigation revealed Facebook pages where he advertised and sold a wide variety of unapproved animal drugs, including Schedule III anabolic steroids. Parra-Villalobos also advertised various kinds of cockfighting instruments (e.g., knives or “gaffs”) for sale on Facebook. Between April 2018 and February 2019, agents initiated several undercover online buys from the defendant of adulterated and/or misbranded drugs and Schedule III controlled substances. Parra-Villalobos shipped these items from California to the Eastern District of Kentucky.

This case arose out of a prior investigation, in which investigators identified Parra-Villalobos as a supplier for two defendants prosecuted in 2019 and 2020. In October 2020, a court sentenced Kevin and Marsha Johnson. Kevin received 15 months’ incarceration, followed by 36 months’ supervised release; Marsha received three months’ incarceration and three months’ home detention, followed by 36 months’ supervised release.

The court also entered a money judgment of $20,023 against the defendants, reflecting the amount of proceeds they obtained as a result of their eBay sales of illegal material, and the court ordered forfeiture of an additional $15,750 in cash seized from the defendants’ home.

The Food and Drug Administration Office of Criminal Investigations conducted the investigation.

United States v.  Roberto Guimary Machado, et al., Nos. 4:22-CR-00640, 4:23-CR-00382 (S.D. Tex.), AUSA Robert Searls Johnson

On January 29, 2024, Roberto Guimary Machado pleaded guilty to violating the Migratory Bird Treaty Act for offering to sell an Indigo Bunting in April 2022 (16 U.S.C. §707(b)(2)). Sentencing is scheduled for May 20, 2024. On January 4, 2024, a court sentenced another individual, Reydel Cabrales Rosa, 2024, to serve three months’ incarceration, followed by 36 months’ supervised release, and to pay a $5,000 fine. Rosa pleaded guilty to violating the Lacey Act for selling multiple protected songbirds (including indigo and painted buntings) from a Houston-area flea market between May 2020 and July 2021.

These cases are part of a larger investigation into the illegal trafficking of songbirds: Ediel Barroso Quintero and Alexander DeJesus Lechuga previously pleaded guilty and are scheduled for sentencing on March 4, 2024 (Nos. 4:23-CR-00379, 00376). The following individuals are still pending trial: Antonio Cabrero Ruano, Luis Albert Machado, and Iran Almarales Garcia (Nos. 4:23-CR-00380, 00377,00381).

The scheme involved the illegal trapping and selling of protected songbirds, including indigo buntings, painted buntings, rose-breasted grosbeaks, blue grosbeaks, and house finches, among others. The birds are often used in singing competitions in which the participating owners gamble thousands of dollars on the winning bird, a practice common in Cuba and elsewhere. The birds migrate from Canada, through Texas, to South America. They are trapped as they pass through the Houston area, commonly using a live “bait bird” whose singing attracts other birds to the trap. 

The investigation led to the seizure of over 300 illegally trapped songbirds. They were turned over to the Houston Zoo and Moody Gardens where they were evaluated and photographed. Healthy birds were released to the wild, while those that were too sick or injured to survive unaided will remain under the care of the zoos.

The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation with the assistance of Texas Game Wardens.