Two Defendants Indicted for Trafficking Protected Birds

BROOKLYN, NY – Earlier today, in federal court in Brooklyn, an eight-count indictment was unsealed charging John Waldrop and Toney Jones with conspiracy to smuggle goods into the United States, smuggling goods into the United States, violating the Endangered Species Act (ESA), and money laundering conspiracy.  The defendants surrendered this morning in Atlanta and will make their initial appearances this afternoon in U.S. District Court for the Northern District of Georgia. The defendants will be arraigned via teleconference in federal court in Brooklyn on October 16, 2023.

The defendants are alleged to have illegally imported hundreds of taxidermy bird mounts and thousands of eggs into the United States between January 2016, and December 2020.  U.S. law and regulations require that importers declare wildlife to the U.S. Fish and Wildlife Service (USFWS) and Customs authorities. Permits are also required for wildlife protected by the ESA, Migratory Bird Treaty Act (MBTA) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). 

Breon Peace, United States Attorney for the Eastern District of New York, Todd Kim, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division (ENRD, and Edward Grace, Assistant Director, U.S. Fish and Wildlife Service, Office of Law Enforcement (USFWS), announced the arrests and charges.

“It is in our national and global interest to enforce federal laws and treaties that protect endangered birds from the harm of alleged profiteers like the defendants, and the Eastern District of New York will do so” stated United States Attorney Peace.

Mr. Peace also thanked The U.S. Postal Inspection Service and the Alabama Department of Conservation and Natural Resources for their assistance with the investigation.

“The Endangered Species Act is a vital law in the fight against international trafficking of protected wildlife,” stated Assistant Attorney General Kim. “Rare and endangered birds have important roles in their habitats, and we are committed to preventing and deterring their unlawful removal.”

“This investigation highlights the immense pressure illegal trade places on imperiled bird species around the world, and the Service's commitment to upholding laws and treaties that prevent the exploitation of foreign and domestic species,” stated USFWS Assistant Director Grace. “We hope this indictment sends a clear message that our investigators will work tirelessly to seek justice for poached wildlife.”

According to the indictment, Waldrop and Jones used online sales sites such as eBay and Etsy to buy taxidermy birds and eggs from around the world, including Germany, Hungary, Iceland, Italy, Lithuania, Malta, Russia, South Africa, the United Kingdom and Uruguay. Waldrop and Jones imported and collected many species of protected birds, such as canary, dipper, duck, eagle, falcon, grouse, gull, hawk, heron, hoopoe, kestrel, kinglet, lapwing, murre, owl, parrot, pochard, rail, teal, snipe, spoonbill, vulture and woodpecker. 

In addition to the conspiracy, the indictment charges Waldrop and Jones with importing three packages containing taxidermy birds and eggs in 2020 through John F. Kennedy International Airport in violation of smuggling and ESA laws. The packages contained a Levant sparrowhawk, a grasshopper buzzard-hawk, two gull eggs, two murre eggs and one unidentified bird egg. The final count of the indictment alleges that Waldrop and Jones conspired to commit money laundering by sending funds out of the United States to finance bird smuggling. The indictment also seeks forfeiture of 779 bird mounts and 2,594 eggs alleged to have been illegally imported into the United States.

As alleged, Waldrop and Jones made requests to wildlife dealers for particular bird species, including species that were protected under CITES and the MBTA. In turn, those dealers notified Waldrop and Jones when a bird of that species had been killed and was available for purchase. Waldrop and Jones also communicated regularly with dealers about new birds available for purchase. The estimated value of the wildlife purchased, transported, imported, and possessed by the defendants was at least $1.2 million.

The CITES treaty regulates trade in endangered or threatened species through permit requirements. The United States and 183 other countries are signatories to the CITES treaty. The MBTA implements treaties with Canada, Japan, Mexico, and Russia to protect many native U.S. bird species that also have habitats in those countries.

The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.  If convicted of the smuggling and money laundering charges, Waldrop and Jones face up to 20 years in prison and a $250,000 fine.  The conspiracy charge carries a five-year maximum sentence, and the ESA is punishable by six months in prison.

Assistant United States Attorney Anna Karamigios of the Eastern District of New York and Senior Trial Attorney Ryan Connors of ENRD’s Environmental Crimes Section are in charge of the prosecution.

The Defendants:

JOHN WALDROP
Age:  74
Cataula and Columbus, Georgia

TONEY JONES
Age:  53
Eufala, Alabama

E.D.N.Y. Docket No.: 23-CR-378 (RPK)