eBay ivory trader jailed for 10 months

16 October 2009 16:31

NAT 69/09

A man who traded in ivory from endangered species on eBay was sentenced to 10 months in prison today at Luton Crown Court following an international investigation by HM Revenue & Customs (HMRC). Elephants’ tusks and whales’ teeth had been carved into billiard balls or used to make corkscrews before being sold on the commercial website.

Nicholas Noonan, 46, of Bedfordshire, pleaded guilty on 5 October 2009 to charges relating to illegal trading in African elephant tusks and sperm whale teeth as well as ivory artefacts. The trade of these items is restricted under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

The investigation was launched in 2006 when covert agents from the US Fish and Wildlife Service received an unsolicited email, via eBay, asking them to look at a number of tusks that were listed for sale by Noonan. Over the following months, Noonan traded various tusks, teeth and artefacts with the undercover agents; the evidence was then passed on to HMRC officers.

Noonan’s home was raided by HMRC officers who found various items, which were examined by experts at the Natural History Museum. These were confirmed as elephants’ tusks and whales’ teeth – some of which had been used to make corkscrews or carved with decorative images. In an attempt to continue trading ivory on eBay, Noonan had illegally obtained a certificate of exemption, then falsely altered and used it to pretend that specimens had an exemption certificate.

Peter Millroy, Assistant Director of HM Revenue & Customs said:

“This was a concerted effort to break a law which is designed to preserve species at risk of extinction. The sentence handed down today shows that anyone tempted to trade in protected creatures and plants should think again.”

Notes to editors

1. Details of the defendant: Nicholas Noonan, DOB 02/08/1963 of Shortcroft Court, Barton-Le-Clay, Bedfordshire.

2. Details of charges:

· Being knowingly concerned in the fraudulent evasion of a restriction on the exportation of goods, contrary to section 170(2)(b) of the Customs and Excise Management Act 1979 (three counts),

· Sale etc. of endangered species contrary to Article 8 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, contrary to regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulation 1997 (as amended by the Control of Trade in Endangered Species (Enforcement) (Amendment) Regulation 2005) (four counts),

· Making a false statement for the purposes of obtaining a permit or certificate, contrary to regulation 3(1) of the Control of Trade in Endangered Species (Enforcement) Regulation 1997 (one count),

· Falsification or alteration of a permit or certificate, contrary to regulation 4(1) of the Control of Trade in Endangered Species (Enforcement) Regulation 1997 (one count),

· Misuse of a permit or certificate, contrary to regulation 4(2) of the Control of Trade in Endangered Species (Enforcement) Regulation 1997 (one count).

3. CITES is the internationally agreed pledge to protect endangered animals and plants from exploitation. The agreement covers the trade in plants and animals that are alive or dead, and even from products that derive from them. This includes certain traditional Asian medicines whose ingredients often contain tiger bone, bear bile and the musk glands from deer.

Over 5000 species of animals and 28000 species of plants are protected by CITES.

To comply with the legal requirements set by each country under the CITES agreement, importers and exporters - whether they are tourists or business people - need to present the appropriate CITES permit or declaration to the customs officials. Criminals intent on trading in endangered species will, however, often resort to smuggling by either:

· Giving a false description of the goods

· Avoiding customs controls

· Falsify permits and licenses

· Concealing items or specimens on the body, in vehicles or in freight containers

· Sending live animals in the post

In the UK, CITES fraudsters and smugglers risk up to seven years' imprisonment and/or an unlimited fine.

4. Revenue and Customs Prosecutions Office (RCPO) was created by the Commissioners for Revenue and Customs Act 2005. An independent prosecuting authority, RCPO reports directly to the Attorney General and is responsible for prosecuting cases for HMRC and SOCA. It prosecutes some of the largest drug and fraud cases in the UK. For further information about RCPO, please contact its press office on 020 7147 7746 or visit www.rcpo.gov.uk.

Issued by HM Revenue & Customs Press Office

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