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Author Topic: From CA CDFW news release, Final Poacher Sentenced from 2013 Abalone Sting Opera  (Read 6825 times)

Offline MATT MATTISON

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Final Poacher Sentenced from 2013 Abalone Sting Operation

After almost a year of court procedures, the last of 18 abalone poachers arrested in a 2013 sting has been sentenced. All 18 suspects were found guilty or pled no contest to the charges.

 

On Aug. 29, 2013, California wildlife officers simultaneously served 13 search/arrest warrants throughout the San Francisco Bay Area and Sacramento on 18 suspected abalone poachers. The last of the 18, Dung Tri Bui of San Leandro, was recently found guilty in Mendocino County Superior Court after a weeklong jury trial. Bui was convicted of three misdemeanor counts, including take of abalone for commercial use, conspiracy to take abalone for commercial purposes and take of abalone greater than the daily limit. He was sentenced to 36 months summary probation, $15,000 fine and a lifetime ban on fishing (including the take of abalone). Deputy District Attorney (DDA) Daniel Madow presented the case.

 

In total, $139,883 in fines and 11 fishing license revocations were handed out to the 18 subjects. All of the subjects received summary probation ranging from one to three years. All seized dive gear was ordered forfeited by the court. Mendocino DDAs Heidi Larson and Tim Stoen and support staff also spent a tremendous amount of time on these cases along with numerous staff from the Sacramento District Attorney's office.

 

"We had excellent support from the respective District Attorney's offices for taking these crimes seriously and prosecuting the poachers to the full extent of the law," said Asst. Chief Brian Naslund of the California Department of Fish and Wildlife (CDFW) Law Enforcement Division. "The gear forfeiture, fines and lifetime fishing license revocations for California's worst poaching offenders will hopefully put them out of the poaching business permanently."


Poachers
 Charges
 Revoked
 Fine
 Probation
 
SF Bay Area
 
 
 
 
 
Khoa Dang Nguyen
 5521.5
 Life fish/hunt
 $15,000
 36 months
 
Chinh Quan Le
 5521.5
 Life fish/hunt
 $15,000
 36 months
 
Hung Vo
 5521.5
 Lifetime fishing
 $15,000
 24 months
 
Toi Van Nguyen
 5521.5
 Life fish/hunt
 $15,000
 24 months
 
Dung Tri Bui
 5521.5, PC 182, 29.15[c]
 Lifetime fishing
 $15,000
 36 months
 
Hai Van Ha
 5521.5, PC 182,
 Lifetime abalone
 $1,353.50
 24 months
 
Duoc Van Nguyen
 5521.5, PC 182
 Lifetime abalone
 $1,353.50
 24 months
 
Andy Phan
 2000/29.15 [c]
 Lifetime abalone
 $1,537
 24 months
 
Charlie Le
 PC 182
 No
 $1,420
 24 months
 
Nhan Trung Le
 PC 182, 2000/29.15[c]
 No
 $1,888
 24 months
 
Suong Hung Tran
 29.15[c]
 No
 $1,771
 24 months
 
Chuyen Van Bui
 1052[f]
 No
 $1,303
 24 months
 
Diep van Nguyen
 2000/29.15[c]
 No
 $1,537
 12 months
 
Khoa Ngoc Nguyen
 29.16
 No
 $1,420
 12 months
 
Sacramento
 
 
 
 
 
Dung Van Nguyen
 5521.5, PC 115 (a) (F)
 Lifetime fishing
 $15,000
 32 mo State prison
 
Tho Thanh Phan
 5521.5
 Lifetime fishing
 $15,000
 24 months
 
Hiep Ho
 5521.5
 Lifetime fishing
 $20,000
 26 months
 
Hung Van Le
 2000, 29.16(a)
 No
 $1,303
 24 months

Orginal write up on the bust.
http://cdfgnews.wordpress.com/2013/08/29/cdfw-officers-arrest-13-poaching-suspects-in-oakland-and-sacramento/


 
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Offline maodiver

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http://cdfgnews.wordpress.com/2014/10/29/final-poacher-sentenced-from-2013-abalone-sting-operation/

Finally....real punishment.  Still could be heavier, but this was good.
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Offline Rob102

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It seems to me that if the offender asked for a jury trial and was found guilty, probation should be off the table.  If you fight and lose you should do time rather than get probation.

Offline maodiver

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F&G violations are still considered "minor" and probation is given due to the overcrowding of prisons.  I say, stuff them in there until the prisons are stuffed...and if they kill each other, less mouths to feed.
Dad, what's for dinner?

Wookie steaks

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Ehhh, they're a little Chewy.

Offline Rick W

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It seems to me that if the offender asked for a jury trial and was found guilty, probation should be off the table.  If you fight and lose you should do time rather than get probation.

Juries don't just convict guilty people. Once a defendant actually goes to trial, there really is a presumption of guilt in the minds of most people. You should not get extra punishment for exercising your constitutional right to a jury trial.

Also, when someone is on probation, he can be  subject to search without a warrant and there is a lower standard for convicting him of a violation of probation than charging him with a whole new crime.

I agree that F&G violations should be treated seriously and the courts should nail obvious, intentional violators.
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Offline kwonsoo

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Is it me or did they just target the Vietnamese?

Offline MATT MATTISON

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Is it me or did they just target the Vietnamese?

Just you, they target anyone going after abalone.
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Offline Rocky Daniels

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In total, $139,883 in fines and 11 fishing license revocations were handed out to the 18 subjects.

I'm scratching my head as to why DFW would highlight a case like this. Consider that identifying, tracking and arresting 18 suspects requires a LOT of resources.  To end up with $140K in total fines and 0 total jail time seems like a sad and pathetic return on that investment.   Basically, the fines become little more than a reasonable cost of doing business that's not even interrupted by token jail time. Sheesh!

Based on actual courtroom testimony by an actual abalone poacher with limited diving experience, he was able to pop, shuck and bag 80 abalone per tank dive (Fort Ross/Pedotti Reef being a favored place to poach and the location here my path and his first intersected). Whether you figure $50 or $100 per ab, 18 poachers can cover a lot $140K fines and still hang in deep clover.

This is a great illustration of how difficult and expensive it is to put serious hurt on the bad guys. And, for management purposes, you can't ignore the take and impact of poachers any more than you can ignore the impact of black swan "natural" events like the Sonoma red tide die off.

 
Rocky Daniels

Offline CabKing65

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Seems that the poachers are Representing there Community with there names alone and the act of poaching and getting busted over and over.

Hell one guy I think was from Sacramento  last year Was busted 2 times during a Two week period alone.  Busted one week and went out and got busted again the very next week   Unreal , Freaking Savage's!
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Offline Rob102

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It seems to me that if the offender asked for a jury trial and was found guilty, probation should be off the table.  If you fight and lose you should do time rather than get probation.

Juries don't just convict guilty people. Once a defendant actually goes to trial, there really is a presumption of guilt in the minds of most people. You should not get extra punishment for exercising your constitutional right to a jury trial.

Also, when someone is on probation, he can be  subject to search without a warrant and there is a lower standard for convicting him of a violation of probation than charging him with a whole new crime.

I agree that F&G violations should be treated seriously and the courts should nail obvious, intentional violators.

I agree with you 100%.  An innocent person shouldn't be punished for exercising their Constitutional rights.  On the other hand, the Constitution should only protect the guilty from "cruel and unusual punishment", and not from the full extent of the law.  The reasoning behind my previous statement is that, if all the guy was going to get was the same thing he would have gotten if he had pled nolo, then we should take everything to jury trial because we have nothing to lose.  This is the reason why DA's offer plea deals.  If you fight, the penalties are more stringent if you're found guilty.  It's the American Way.

Offline Rick W

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Basically you are correct.

The DA will generally make a "discounted offer" if a defendant settles early. After that they do a probation report and look at all the factors, including priors, how much thought and effort went into planning the crime, remorse, etc. The penalties are higher after losing a trial, but not just because the defendants exercised their right to trial.
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Offline BigJim

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Seems that the poachers are Representing there Community with there names alone and the act of poaching and getting busted over and over.

...Unreal , Freaking Savage's!


WTF is that meant to mean??

Is that like saying that cuz my local paper's crime report is full of white folks getting busted over and over for smoking meth that they are "Representing there Community".

You look white. Stop smoking meth and stealing my sh*t to feed your habit!

 >:(
« Last Edit: October 31, 2014, 02:17:35 PM by BigJim »

Offline Rob102

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LOL!

Damn Jim!  I must be rubbing off on you.

Offline BigJim

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LOL!

Damn Jim!  I must be rubbing off on you.


LOL!

Sorry...rough day...  :(

But I still think his post was f-ed up.  :(

I need to go kill some fish.

 ;)

Offline Stinkbait

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How the f $#@ do you say their names

 

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