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Unlawful Import of Reptiles Results in Jail Sentence to be Served Conditionally in the Community, Restitution, Court Orders, and a Fine

ST. CATHARINES, Ont. -- August 3, 2010 -- Environment Canada announced on July 30, 2010 that Andrew Fruck of Niagara-on-the-Lake, Ontario, was sentenced in the Ontario Court of Justice, to a six month jail sentence to be served conditionally in the community, a probation order that includes restitution, and various other court orders, a forfeiture order and a fine. The sentencing is a result of  Mr. Fruck pleading guilty on April 30, 2010 to one count of making false statements under the Customs Act and to 11 counts under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). The convictions were for violations involving nearly 1,500 reptiles that Mr. Fruck attempted to import illegally into Canada. 

On September 15, 2009, Mr. Fruck arrived at the Queenston-Lewiston Bridge and was referred for secondary inspection.  During the secondary examination, CBSA border services officers found the nearly 1,500 reptiles, including tortoises, snakes, and turtles hidden behind the side panels of the van owned by Mr. Fruck.  Of the animals seized, 36 of the tortoises and nine of the snakes are listed as controlled species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and protected under WAPPRIITA and its regulations.

Environment Canada’s Enforcement Officers took custody of the reptiles and were able to return a majority of the non-CITES reptiles to Louisiana, where they likely originated, with the assistance of the Louisiana Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the U.S. Centers for Disease Control, the U.S. Department of Agriculture and the U.S. Food and Drug Administration. The reptiles were subsequently returned to the wild.

Mr. Fruck’s sentence also included a probation order with restitution totaling $5,795 for the shipping and care of the animals, an order to abstain from possessing live animals, an order to abstain from importing or exporting any live animal, an order allowing Environment Canada’s Enforcement Branch to conduct unannounced inspections of Mr. Fruck’s residence to verify compliance with other orders issued, and a $500 fine for the Customs Act charge, and an order to forfeit all seized reptiles.