United States of America v. Brian Poling, Levi S. Weaver, and Leroy M. Miller

Clarksburg, West Virginia criminal defense lawyer represented the Defendant charged with conspiracy to defraud the United States.

A federal indictment charges Brian Poling, 51, of Albright, West Virginia; Levi S. Weaver,74, of Fredericksburg, Ohio; and Leroy M. Miller, 40, of Millersburg, Ohio; with violations of the Lacey Act. As charged in the indictment, Poling, the manager of Dream Mountain Ranch in Preston County, West Virginia, conspired with Miller and Weaver, to illegally transport in interstate commerce live deer without health certificates as required by the U.S. Department of Agriculture.

“West Virginians have long depended on a healthy and diverse wildlife population to feed our families, make memories, and enjoy our great outdoors.” said U.S. Attorney Harvey. “It is our shared heritage and will be protected.”

Under U.S. Department of Agriculture regulations, anyone who transports live deer in interstate commerce (across state lines) is required to ensure that the animals are accompanied by an Interstate Certificate of Veterinarian Inspection (ICV) and proof of a tuberculosis test. These regulations are aimed at curtailing the spread of a variety of deadly diseases including tuberculosis, brucellosis, and chronic wasting disease - a fatal, contagious neurological illness that can infect some deer and other animals like elk and moose.

"The illegal transport of live deer poses a serious threat to people, wildlife, and the economy. Deer can carry deadly zoonotic diseases that may be spread to humans, livestock, and other animals. Without proper safeguards, outbreaks can occur that disrupt hunting traditions and jeopardize farm livelihoods,” said Doug Ault, Assistant Director of the U.S. Fish and Wildlife Service Office of Law Enforcement. “We remain firmly committed to working with our state and federal partners to protect the American public and preserve our nation's natural resources for sustainable use by future generations.”

"This investigation is a clear example of why partnerships between state and federal agencies are so vital,” said Col. Alberto Maza, director of the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement. "The investigators and agents involved in this case should be commended for their dedication and hard work that led to these charges.”

Poling, Weaver, and Miller each face up to 5 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The investigation was conducted by the U.S. Fish & Wildlife Service and the Florida Fish and Wildlife Conservation Commission. Assistant U.S. Attorney Stephen Warner is prosecuting the case on behalf of the government.

An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.