Donald B. Hamper, Ohio Reptile Dealer Pleads Guilty in Federal Court

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NEWS RELEASE
Lawrence, Kansas
2 March 2005

Herpetoculturist Convicted; Will Serve Time (from U. S. Fish & Wildlife Service)
Contacts: Special Agent Paul Beiriger 317-346-7014 or Scott Flaherty
612-713-5309

Donald B. Hamper, Ohio Reptile Dealer Pleads Guilty in Federal Court to Illegal Commercialization of Protected Reptiles

Donald B. Hamper, a reptile dealer from Columbus, Ohio, pleaded guilty today in U.S. District Court for the Southern District of Ohio to a three-count Information charging him with the illegal purchase, sale and interstate transportation of Blanding's Turtles (Emydoidea blandingii) and other wildlife protected by federal and state laws. By pleading guilty to the Information, Hamper waived his right to indictment and trial and agreed to serve one year and one day confinement, to pay a $3,000 fine and $7,000 restitution to the State of Michigan Fish and Game Protection Fund, and pay a $300 special assessment to the court.

In his plea agreement, Hamper admitted that between June 2001 and June 28, 2003, he knowingly participated in illegal interstate purchases and sales involving
53 Blanding's Turtles and other wildlife including Spotted Turtles (Clemmys guttata), Wood Turtles (Glyptemys insculpta), and several species of snakes.
Hamper's commercial trade in the rare turtles, valued between $30,000 and $70,000, is prohibited by various wildlife laws in Ohio, Michigan and Indiana. The interstate trade in wildlife obtained in violation of state laws is a violation of the Lacey Act, the nation's oldest federal wildlife protection law. Maximum penalties for felony violations of the Act include imprisonment of up to five years, and fines of up to $250,000 for each offense.

In addition, Hamper agreed to donate $2,500 to the Wildlife Education Fund operated by the Ohio Department of Natural Resources and publish a statement in Reptile Magazine acknowledging his criminal conduct and describing his penalties. He also agreed to be placed on supervised probation following his release from prison during which time he is prohibited from possessing or handling any reptiles or amphibians. All of the agreed to will be evaluated by U.S.
District Court Judge Algenon L. Marbley in Columbus, Ohio, prior to sentencing.
No sentencing date has been set.

Hamper's guilty plea and penalties resulted from a negotiated, global agreement between the U. S. Attorney's Office for the Southern District of Ohio, the Department of Justice, and the Franklin County, Ohio, Prosecutor's Office.
Hamper also faced prosecution in Franklin County, on violations of Ohio Revised Code and Columbus city codes involving record keeping, tagging and harboring numerous venomous Gila Monsters (Heloderma suspectum) and Beaded Lizards (Heloderma horridum). As part of a separate plea agreement with Franklin County Prosecutor's Office, Hamper agreed to relinquish ownership of all wildlife seized from him during the course of the investigation including the venomous Gila Monsters and Beaded Lizards.

Hamper's plea agreement is the result of Operation E & T, a joint investigation into the illegal reptile and turtle trade conducted by special agents of the U.S.
Fish and Wildlife Service, and investigators of the Ohio Division of Wildlife, and Michigan and Indiana Department of Natural Resources. Hamper, a co-organizer of the All Ohio Reptile Show held monthly in Columbus, bought and sold turtles and reptiles during the All Ohio Reptile Show and similar venues in Michigan and Indiana. He also sold reptiles over the Internet.

The Blanding's Turtle is a medium sized freshwater turtle with an average shell length of approximately 7 to 10 inches. Blanding's Turtles are easily identified by their bright yellow chin and throat and numerous yellow speckles on their domed upper shell. The turtle is found primarily in the Great Lakes region and extends from southern Ontario west including Michigan, Wisconsin, northern Ohio, Indiana and Illinois, southern Minnesota, Iowa and Nebraska. It is protected from commercialization in most of its range.

The Blanding's Turtle is rare throughout its range and is state-listed as endangered in Indiana and Missouri, and threatened in Illinois, Iowa, Minnesota and Wisconsin. The Blanding's Turtle is a species of special concern in Michigan and Ohio. It is highly prized by herpetoculturists, a group engaged primarily in the reptile and turtle trade.