10 indicted for alleged roles in illegally trafficking migratory birds

FLORIDA – Ten individuals have been charged for their alleged involvement in the illegal trafficking of migratory birds, the U.S. Attorney’s Office for the Southern District of Florida (USAO) has announced.

A federal magistrate judge has unsealed indictments brought against 10 defendants in 10 separate cases for their alleged involvement in the illegal trafficking of migratory birds under Operation Ornery Birds II, said the USAO.

According to the USAO, the cases brought against the 10 defendants are:

United States v. Alain Armando Hernandez, case no. 22-cr-20535

United States v. Daniel Hernandez Matos, case no. 22-cr-20536

United States v. Alejandro Hernandez Valero, case no. 23-cr-20119

United States v. Julio Cesar Santana Menduina, case no. 22-cr-20537

United States v. Andres Hernandez Rivera, case no. 22-cr-20538

United States v. Felix Yoan Diaz Montesinos, case no. 23-cr-20120

United States v. Yoander Cruz Sardina, case no. 22-cr-20589

United States v. Conrado Torres Aleman, case no. 23-cr-20121

United States v. Armando Espino Gonzalez, case no. 22-cr-20590

United States v. Onelio Rene Hernandez, Jr., case no. 22-cr-20591

In 1918, Congress enacted the Migratory Bird Treaty Act (MBTA) for the protection of migratory birds. Now in its 100^th year, the MBTA prohibits, among other things, the pursuit, hunting, taking, capture, killing, possession, sale, barter, purchase, shipping, exportation, and importation of migratory birds. Migratory birds are listed at Title 50, Code of Federal Regulation, Section 10.13.

According to the indictments, the defendants acquired the protected wildlife through a variety of means, including the employment of baited bird traps spread throughout the region as collection points and the barter, purchase, and sale of specimens among like-minded individuals employing internet sales sites frequented by traffickers.

They also are alleged to have unlawfully transported the captured wildlife between buyers and sellers across the country.

According to the allegations contained in the indictments, the various defendants offered to buy, sell, or barter a variety of MBTA-protected birds, including specimens of Indigo Buntings, Blue Grosbeaks, Rose-breasted Grosbeaks, Painted Buntings, Northern Cardinals, and Lazuli Buntings, all highly prized for their colorful plumage and singing abilities.

Federal agents from the United States Fish and Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission (FWC) recovered more than 500 illegal specimens from the defendants, the USAO said. After a determination that the release of the seized wildlife was safe and appropriate, the USFWS returned as many birds to the wild as possible. Some of the birds did not survive.

If convicted of the charges, the defendants each face a possible maximum statutory sentence of two years in prison for each count of trafficking migratory birds and criminal fines of up to $250,000 per count.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Assistant Director Edward Grace of the United States Fish and Wildlife Service (USFWS), Office of Law Enforcement, acting Special Agent in Charge Michael E. Buckley of Homeland Security Investigations (HSI), Miami, Major Alberto Maza, Regional Commander of the Florida Fish and Wildlife Conservation Commission (FWC), Division of Law Enforcement, South B Region, announced the charges.

USFWS, HSI Miami, and FWC investigated the case. Assistant U.S. Attorney Thomas Watts-FitzGerald is prosecuting it. Assistant U.S. Attorney Emily Stone is handling asset forfeiture.

An indictment contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.

The public is encouraged to report any instances of illegal wildlife trapping and trafficking to the United States Fish & Wildlife Service at 305-526-2620 or the Florida Fish and Wildlife Conservation Commission (FWC) at 888-404-3922 or by email or text to Tip@MyFWC.com.

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 at http://pacer.flsd.uscourts.gov, under the case numbers listed above.