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Man Pleads Guilty To Selling Feathers, Faces Federal Prison Time
February 16, 2012
An Atmore man pleaded guilty in federal court Wednesday to violating federal laws dealing with the possession and sale of protected bird feathers.
Alexander D. Alvarez pleaded guilty before a federal judge to violating the Lacey Act and the Migratory Bird Treaty Act (MBTA) for illegally selling and possessing the feathers of anhingas and other migratory birds protected under the MBTA.
Alvarez was charged in February with one felony Lacey Act violation, one felony MBTA violation and one misdemeanor MBTA violation. He faces up to five years in prison and over a half million dollars in fines when he is sentenced on May 22.
Under the MBTA, the Secretary of the Interior maintains a list of migratory birds which are protected from being killed, sold, bartered, transported or possessed, except as otherwise permitted by federal regulation. Enrolled members of federally-recognized American Indian tribes may possess eagle and other migratory bird feathers and parts for religious and ceremonial purposes, but federal law strictly prohibits the sale of migratory birds, feathers or their parts by any person.
Alvarez is not an enrolled member of a federally-recognized American Indian tribe, according to the U.S. Department of Justice.
“Mr. Alvarez sought to profit from selling protected bird feathers he had no legal right to possess,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Federal law prohibits the sale of migratory birds, feathers or their parts for commercial gain. In enforcing these wildlife laws in partnership with tribal law enforcement, we share a duty to protect the nation’s scarce and precious wildlife resources. In protecting these resources for future generations, we also ensure the ability of federally recognized tribal members to possess eagle and migratory bird feathers for religious and ceremonial practices.”
“Protecting our natural resources, particularly wildlife, from being exploited against the law for personal gain continues to be a significant function of the Department of Justice,” said Kenyen R. Brown, U.S. Attorney for the Southern District of Alabama. “Successful prosecutions of this nature help ensure that the next generation of Americans enjoy the same level of wildlife that we do today.”
According to court documents, Alvarez communicated via email with an individual in Louisiana and eventually exchanged two anhinga tails that Alvarez possessed for a crested caracara tail, a Harris’s hawk tail and $400, which the individual possessed. Alvarez later sent 14 sets of anhinga tail feathers to this individual and asked the individual to photograph and offer the tails for sale via email. Alvarez received payment from the Louisiana individual for the anhinga tail feathers that were sold. A federal search warrant was executed at Alvarez’s home on March 11, 2009, and feathers from several migratory bird species were seized.
This case resulted from an investigation by the U.S. Fish and Wildlife Service’s Office of Law Enforcement into the illegal commercialization of eagles and other migratory birds protected by federal law. The investigation was jointly conducted with the Navajo Nation Department of Fish and Wildlife. The case is being prosecuted by the U.S. Attorney’s Office for the Southern District of Alabama and the Department of Justice’s Environment and Natural Resources Division, Environmental Crimes Section.
Comments
29 Responses to “Man Pleads Guilty To Selling Feathers, Faces Federal Prison Time”
What can people do to express their feelings to the judge who will be making the decision about the punishment?
All I can say is that Alex is one of the young people that is trying to make a difference. ALEX we love you. G Lightfoot
REGARDING:
“this is just stupid David Just plain stupid.”
Therefore I’m not smarter. QED.
No, all laws aren’t created equal. They have different penalties. This one was created to end or reduce the rate of extinction of birds on this planet. Treaties were signed. Two thirds or more of the United States Senate signed off on the treaty. Laws were passed to enforce the international agreement with the goal of good stewardship of the planet.
All this was done out in the open, not behind closed doors, not to enrich some special interest, but to preserve a natural treasure. Maybe I agree with the law, maybe I don’t. I don’t encourage people to disobey any law just because they dislike it. That would be exactly like not having ANY law at all, if people only did what they were going to do anyway.
There ARE people who (sometimes even correctly) believe certain people should die just as strongly as you believe they should be able to kill endangered species to sell their feathers. Or maybe you just think they just follow the birds around and gather the feathers as they molt.
Regardless, every law which exists but is only occasionally enforced or selectively enforced, weakens all laws, including the laws against murder. Better to not have a law than to have one but expect it to not be enforced.
David for honest laws
even if that’s stupid of me
Sorry David you’re starting to sound like the USA’s old granddad. “Why not do away with all laws altogether?”
Come on David, you’ve shown that you’re smarter than that. You and I and everyone else knows that all laws are not created equal. Just because some political numbskull got a law on the books doesn’t mean we the people should respect it.
And comparing murder to this is just stupid David. Just plain stupid.
REGARDING;
“- – - firing the pathetic losers in the DA office who waste good tax money prosecuting somebody – - – ”
Or simply do away with all laws altogether. After all, the law enforcement idea requires someone to pass a law in the first place. In a world without laws there would be no crime because all acts would be lawful — even murder. We wouldn’t have to pay legislators, law enforcement officers, attorneys, judges, jailers.
Failing that, perhaps we could simply work to avoid passage of laws we disapproved, not complain about those who enforced the laws we passed. If the law is too broad, have it narrowed. If it is reasonable, don’t gripe about people doing their jobs as we spelled them out.
David for simplicity and honesty
and not shooting the servants
Attention Republicans: if you’re truly interested in smaller government, why don’t you start by firing the pathetic losers in the DA office who waste good tax money prosecuting somebody for selling a god-danged bird feather!!!
I am a member of the Poarch Creek Indians and Alex is a very good role model and teacher to our young people and children. He may have done wrong but what person has not..He has worked hard teaching them the Indain language that has been gone from our tribe for along time and he not only teaches the young but the older ones to. I have been to his bead work class and truly enjoyed it cause I want to learn how to make the Indian bead work. So lets not be his judge just because he done this.. Alex you are a wonderful role model to so many.. Keep your head high and keep up the good work…
REGARDING:
“- – - ( read the fine print IT SAID up too 250,000) I’m not saying he shouldn’t be punished for his involvement of the crime,, When he is sentenced then u pay call him a felon and that will be in May – - – ”
Grace already explained that people who plead guilty to felonies are convicted felons so I’ll just touch on the fact that a half of a million dollars is not $250,000. It is
$500,000. Further, it did not say up to that, it said over that per:
. . . . “He faces up to five years in prison and over a half million dollars in fines when he is sentenced on May 22.”
Still, it’s good that you care for him. Again, you can hope he’ll face closer to the bottom of the possible penalty.
David not seeing any fine print
He won’t be judged by a jury of his peers because he has already PLED GUILTY! That fact alone makes him a convicted felon. He is far from a role model. A role model is someone you aspire to be like. If that’s your goal for your children, by all means let him continue what he’s doing. He’s a sociopath. He’s a con man. He’s a poser. And now he’s a convicted felon. Really, is that who you want teaching your kids?
Alex is a wonderful teacher and role model! I and ALOT of other kids have learned alot about our culture! He made a mistake…..we all do! and i do think the charges are OUTRAGOUS !!!! We love you Alex.
well spoken DJC
Hold on Guys!!!!! This is getting a little out of hand,,,, Your nott the JURY and he will appear before his Jury of his peers,,,This ia a GREAT GUY one of the finest you will ever meet!!!!!!! YES he done wrong and will pay the PRICE dearly,, But MY God looks what ur doing YOU yourself are tearing down the kids that read your remarks about Alex,,,, The fines if so are outragous!!!( read the fine print IT SAID up too 250,000) I’m not saying he shouldnt be punished for his envolvement of the crime,, When he is sentenced then u pay call him a felon and that will be in May until then try to mantain ur comments due to the veiwers,,,, Why aren’t we more concerned about the DRUG HEADS, METH MAKERS , TRAFFICER’S AND THE ARSONIST that live around you that are selling to your kids!!!! THEY sold to mine,, even burnt my out of their home AND ALL they got was a slap on the wrist and even work in the pubilc now!!!!! Worry more about CLEANING up your TOWN than trying to make a role model out of someone like him !!!!!!!! Oh and as far as a teacher goes HE’S A DAMN GOOD ONE how many of you work with kids how many of you even take up the time to try to help steer kids the right way? think about it
To American:
This guy is definately someone that I would consider a good role model. I’m not a tribal member and neither is he, but what he has done for the Poarch Creek youth is outstanding. He has created several clubs to keep these kids occupied and productive. He has worked hard trying to restore a heritage that is slowly becoming extinct. He also educates these children about the dangers of drugs and alcohol. Sure, he may be guilty of peddling some feathers and that’s bad. He broke the law, but until you can show me someone that is the perfect role model, don’t be so quick to be the judge!
DO NOT KNOW ABOUT MOST OF YOU, BUT WITH IN MYSELF I’M VERY CONCERNED!!!!!! While being totally supported in protecting our wildlife, I ask myself this ? Why cant we spend the same amount of time in cleaning up all of areas with drugs,rapist,murders,robbery’s,and ppl who stalk and hunt down our children!!!???? It completly horrifies me to think that this man that made a choice to sell feathers of protected birds will get more time in prison or a higher fine than those whom have been in front of a judge for a felony assault upon another human that caused life long health problems, that got knocked down to a misdemeanor and paid nothing nor got time? And the actually case i am referring too took place in escambia al. THE guy was actually a MILTARY MAN, A CHAPLEN!!! NO KIDDING!!!!HOW CAN WE AS AMERICANS CONTINUE TO LOOK THE OTHER WAY AS OUR TAX DOLLARS ARE BEING SPENT TO HOUSE PPL ON SMALLER CRIMES. AND THE LARGER CRIMES THAT ARE ALOT MORE HURTFUL TOO ALL OF OUR WELL BEING ARE BEING SLAPPED ON THE WRIST AND LET GO TO DO ALL OVER AGAIN SOONER OR LATER!!!!
I don’t understand…… The man got caught – he committed a crime – pled guilty – and some of you want him for a role model for your children???? This is messed up! No wonder the youth of our country are going downhill….. Do you think it’s ok to obey only some of the laws? That’s the message you are sending your kids. Keep it a secret and it’s ok? He’s a felon! A teacher???…. he wasn’t smart enough to not break the law……the punishment won’t ruin his life – he did that by breaking the law in the first place. There are a lot of laws I think are stupid but I don’t break them.
He may be a felon, but he’s a great indian education teacher and we need him there @ ECHS.
REGARDING:
“Break a federal law and it is a felony. It is not a misdemeanor.”
Please consider the statement in the article: “- – - – and one misdemeanor MBTA violation.”
Note, this means some federal violations are listed as misdemeanors.
David in a world with big crimes
and little crimes
and sometimes, no crimes
Break a federal law and it is a felony. It is not a misdemeanor. That is what the law says. Obey it or change it if you don’t like it.
In order for the perp to possess the feathers, the bird had to be killed. Why is he not being charged with poaching along with the other charges. We don’t kill
buzzards because they serve a useful purpose. We don’t kill non-food animals for the sake of killing, so why not add poaching? Jimbo for eating legally killed animals.
PETA, People Eat Tasty Animals!
Ignorance is no excuse in the eyes of the law.
The sale of the feathers is discouraged in order to deter people from hunting these endangered species.
The presence of the feathers is pretty strong evidence that some birds were harmed.
Complaining that this guy should not be arrested simply because there are drug dealers that are running loose is a pretty weak argument if you think about it. Is it wise to set up a hierarchy of crimes that are more or less important than others? Shall we arrest and punish all murderers before we go after rapists? When do we get to speeders?
I hate it for this guy, but he was making money off of these feathers so he probably knew what he had. If he knew what he had, he probably knew he shouldn’t have it.
Regarding:
The man was knowingly engaging in illegal sales of protected bird species. Maybe you don’t think creatures should be protected from extinction,
Yes, you may assume that, but where in this article does it state that he was knowingly engaging in illegal sales of protected bird species?
1st: Nowhere did it say that he knowing engaged in anything illegal.
2nd: It was the sales of bird feathers not a bird species.
3rd: Nowhere did it say that any birds were harmed or killed.
It’s does state that he plead guilty.
Is that what you are basing your assumptions on?
wow. really? u can go to jail for selling bird feathers???? how stupid
Well said, David Huie Green!
Ok. Slap Alex on the wrist and tell him to continue doing other Cultural things that don’t involve birds. He is an A-1, first class teacher and wonderful with youth. Don’t put him away for bird feathers. People murder (intentionally abort) unborn babies every day and they get nothing. Alex sells a few feathers and gets extreme punishment that will hurt him and his whole family for a long time. That’s just terribly wrong.
regarding:
” I HATE THIS COUNTY”
You hate the county because a federal law was enforced there? Or maybe you hate the entire country because you disagree with one of our laws. Either way, it seems a bit extreme to hate everything for even one perceived flaw.
The man was knowingly engaging in illegal sales of protected bird species. Maybe you don’t think creatures should be protected from extinction, but that was the reason for the international treaty in the first place.
Up to five years in prison means as little as probation and no more than 5 years — depending on the circumstances. Over half a million dollars fine means as little as nothing but doesn’t give the upper limit– depending on the circumstances.
He probably pled guilty under an agreement that the punishment be much closer to the bottom of the “up to” than the top. He may just get probation or time served, if any.
If you want protection of migratory animals ended, push for it. Then nobody will be selling feathers because the birds will all be dead and all will be well with the silenced world.
David for reason and reasons
How STUPID! But let murderer’s and roberr’s and punk kids get away with everythign, HOW STUPID, I HATE THIS COUNTY.
Justice in this country is no longer just. Punishments do not always fit the crime. Judges, I thought, were there to mediate the spirit of the law, because the letter of the law should not apply in every case. Anyone can pass on a sentence according to the letter. So, then, perhaps we should do away with judges and save a lot of money. I wanna hear from David H. on this one.
alex to new cellmates..”I’m in here for dealing feathers, you don’t want to mess with me..”
Yes, he was breaking the law and doing something wrong…Yes, the goverment has all the right to punish him…but come on!… up to FIVE years on prison and half a million dollars in fines!?! Criminals convicted of drug charges don’t hardly ever get penalties as harsh… It’s just feathers guys! fine him (reasonably) and maybe charge him with a misdemeanor… not a felony.