FOR IMMEDIATE RELEASE|
THURSDAY, NOVEMBER 7, 2002
TDD (202) 514-1888
COMPANY PRESIDENT SENTENCED IN CAVIAR SMUGGLING CONSPIRACY
MIAMI-BASED RING USED PAID COURIERS TO SMUGGLE CAVIAR IN SUITCASES
MIAMI, FL – A Russian national was sentenced today to 41 months in federal prison and two years of supervised release as the result of his involvement in a far-reaching wildlife smuggling conspiracy in which he paid couriers to bring suitcases filled with caviar into the United States after new international restrictions were announced in 1998 to protect sturgeon, the U.S. Attorney in Miami and the Justice Department announced today.
Victor Tsimbal, 42, at the time of the offenses was the president and owner of Beluga Caviar, Inc., located in North Miami Beach, Florida. Tsimbal was sentenced late Wednesday by U.S. District Court Judge Federico A. Moreno after pleading guilty to charges of conspiracy, smuggling and money laundering. Tsimbal also forfeited $36,000 found in his possession upon his arrest at Miami International Airport.
Tsimbal also admitted to using false documents to smuggle more Beluga caviar from Russia into the United States via Poland in 1999 than the entire Russian export quota for the year, according to a detailed factual statement filed in court. This sentencing is the ninth case in Miami involving caviar smuggling over the past two years. In each case the individuals convicted have received jail sentences, with the exception of Mikhail Kovtun who was convicted Wednesday in Miami after a jury trial and whose sentencing has been scheduled for January 30, 2003, before Judge Ursula Ungaro-Benages.
"Smuggling and money laundering are serious crimes that will not be tolerated," said Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida. "We will use all the legal tools at our command to deter those who place their own profit before environmental concerns and violate the laws intended to protect wildlife."
"Recent prosecutions have shown that the caviar trade is rife with corruption and this is having a devastating impact on the future of this species of pre-historic origin," said Tom Sansonetti, Assistant Attorney General for the Department's Environment and Natural Resources Divsion. "The Justice Department is dedicated to enforcing the laws designed to protect and preserve them from the threat of extinction."
Sturgeon are a species of prehistoric origin that can live up to 100 years. Because the time necessary to reach egg-bearing age can be up to 20 years and the fish is killed in the process of obtaining the roe that is salted to make caviar, sturgeon are especially vulnerable. A major threat to the survival of the sturgeon is the trade in black market caviar smuggled from Russia and other Caspian sea nations. As of April 1, 1998, the protection accorded to sturgeon was greatly enhanced by the listing of all species as protected under the international treaty known as CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora). Prior to importing caviar into the United States from a foreign country, a valid foreign export permit issued by the country of origin or a valid foreign re-export certificate issued by the country of re-export must first be obtained. The Endangered Species Act ("ESA" ) makes it unlawful for any person subject to United States jurisdiction to engage in trade or to possess any specimens traded contrary to the provisions of CITES. Effective October 22nd of this year, the U.S. Fish & Wildlife Service prohibited any import of beluga sturgeon (Huso huso ) caviar from the five countries bordering the Caspian Sea in order to implement a CITES Authority decision recognizing a zero export quota for those countries.
Tsimbal orchestrated a conspiracy in which smugglers were paid approximately $500 for each trip and were provided airline tickets, pre-packed luggage filled with black market caviar and apartment and hotel rooms in Europe and Miami, according to papers filed in court. Tsimbal used bank accounts in Europe to launder the proceeds of the wildlife smuggling scheme. In pleading guilty, Tsimbal also admitted that he encouraged an employee to lie to the grand jury.
According to papers filed in court, the investigation began after Tsimbal offered to sell sturgeon caviar with false labels stating that the contents were "Atlantic Lumpfish Roe" – an unprotected species. Special agents executed a search warrant at Tsimbal's business and seized more than $500,000 worth of caviar along with the false labels. Tsimbal admitted that the lumpfish labels were part of an overall scheme to continue to use false documents to smuggle caviar into the United States after a number of couriers had been arrested.
This investigation was conducted by special agents with the U.S. Fish & Wildlife Service's Division of Law Enforcement with assistance provided by the U.S. Customs Service and Food & Drug Administration. Caviar valuing approximately $860,000 was seized and forfeited by the FWS during the course of the investigation. The case was prosecuted by the U.S. Attorney's Office for the Southern District of Florida and the Department of Justice's Environment and Natural Resources Division.