United States of America v. Sydney Johnson and Brandon Marion

San Diego, California, criminal defense lawyers represented the Defendants charged with illegally importing 27 protected parrots and parakeets in a modified spare tire in the trunk of a car.

Reported by Kent Morlan

Sydney Johnson, age 27, of Santee and Brandon Marion, age 38, of Temecula tried to sneak 11 orange-fronted parakeets (Eupsittula canicularis) and 16 white-fronted Amazon parrots (Amazona albifrons) , which are protected under the Endangered Species Act, 18 U.S.C. 545. The maximum penalty is Twenty years in prison and $250,000 fine

Federal agents detained Johnson and Marion applied for admission to the United States at the San Ysidro Port of Entry on May 3. Customs and Border Protection officers detected anomalies in the spare tire. When an officer inspected the tire, he heard a screeching noise and found the birds in the spare tire, which had been outfitted with a cage

In their post-arrest interviews, the defendants admitted they could hear the birds screaming as they drove. Marion described the birds’ sounds as a “pterodactyl screech.”

One of the birds was already dead; the surviving birds were initially cared for by Veterinary Services at the southern border before being transferred to a Department of Agriculture Animal Import Center for quarantine. One bird did not survive transit, and two birds died in quarantine. The remaining 23 birds are believed to be recovering from the journey.

White Fronted Amazon Parrots and Orange Fronted Parakeets are protected and are listed on Appendix II of the Convention on International Trade in Endangered Species (CITES). Concealment of the parrots and parakeets would have resulted in their entering the United States without any quarantine period or process.

To import many types of wildlife, the wildlife must be subject to quarantine before it can be introduced into the United States. Many animals have diseases that can be transferred to humans (zoonotic diseases) or other animals that can have disastrous health effects to human or animal populations. For example, birds can carry and spread Avian influenza (bird flu), psittacosis, and histoplasmos. Bird flu is highly contagious and can cause flu like symptoms, respiratory illness, pneumonia and death in humans and other birds including the United States poultry farms. There are many other diseases that can be transmitted from different animals and have disastrous effects, that is why it is necessary to quarantine animals entering the United States to limit and safeguard against this potential disease transmission.

The United States Attorney’s Office is a member of the Department of Justice’s Trade Fraud Task Force, a cross-agency law enforcement effort that also involves the National Fraud Enforcement Division, the Criminal and Civil Divisions, the Environment and Natural Resources Division, the U.S. Attorney’s Office for the Northern District of Illinois, the Department of Homeland Security, and U.S. Attorney’s Offices nationwide. The Task Force was created to leverage all the Department’s tools and authorities to prevent trade fraud that deprives the government of vital revenue, threatens critical domestic industries, undermines consumer confidence, and weakens national security. The Task Force is designed to pursue enforcement actions against parties who seek to evade tariffs and other duties, as well as smugglers who seek to import prohibited goods into the American economy. The Justice Department encourages whistleblowers to alert the government to credible allegations of fraud, including utilizing the qui tam provisions of the False Claims Act or through the Criminal Division’s Corporate Whistleblower Program at CorporateWhistleblower@usdoj.gov using the form available here.

This case is being prosecuted by Special Assistant U.S. Attorney Katherine Rookard.