In Federal Court With Buck McNeely
Here's some information to update you on what happened in federal court as a result of Buck McNeely and a hunting partner taking caribou the same day airborne in Alaska, which was mentioned in the last issue---''DO THE SHOW---SCREW THE RULES!''
On February 23, 1999, AUSA Robert C. Bundy announced in Anchorage that a federal trial jury convicted licensed big game guide James M. Fejes, owner of ``Tracker Guide Service'' of three federal felony charges in connection with his involvement in the provision of same day airborne caribou hunts to nonresident trophy hunters in August 1996.
Fejes was found guilty of conspiring with his employees, Blaine A. Morgan and William M. Vollendorf, Jr. (both Alaska residents) and Jon S. ``Buck'' McNeely, of Cape Girardeau, MO, to violate the Lacey Act, and with two felony violations of the Lacey Act. The jury also forfeited Fejes' Supercub airplane, finding that it had been used to aid in the commission of the violations.
Evidence presented in four days of testimony showed that Fejes provided McNeely with a caribou hunt in exchange for exposure of his guiding business on McNeely's syndicated television show ``The Outdoorsman with Buck McNeely.'' During the hunt, McNeely and another paying client, Michael Doyle of Minnesota, each killed a caribou on the same day they had been flown to spike camp locations and guided on hunts by Fejes or one of his employees.
An Alaskan state law which is well understood in the guiding community and intended to promote the practice of fair chase, prohibits hunting on the same day that a person has flown in an airplane. McNeely produced an episode of his television show based on the hunt, which had aired twice. ``Alaska's wildlife is a precious resource,'' said Mr. Bundy. ``When licensed guides, who are supposed to be stewards of that resource and representatives of the state to our sport hunting visitors, participate in the illegal taking of our wildlife for commercial gain, they will be prosecuted vigorously,'' he added.
Prior to the trial, on February 8, McNeely pleaded guilty to a misdemeanor violation of the Lacey Act in an agreement requiring him to pay a fine of $15,000, forego hunting in the United States for one year, produce a public service announcement about ethical and legal sport hunting for airing on his program 13 times and abandon to the government the rifle and caribou trophy mount connected to his violation. He has not yet been sentenced.
Assistant guides Morgan and Vollendorf, as well as hunter Doyle have also pleaded guilty to Lacey Act misdemeanor charges in connection with their roles in the hunts. Fejes told the two men not to tell anyone they were going to fly and hunt the same day. The two hunters were flown out to hunting areas, and each took a caribou the same day. McNeely paid Fejes for his services with advertising on his show. Michael Doyle's plea agreement terms are one year probation, $1,000 fine, forfeit his rifle and scope along with his caribou trophy and to cooperate with advertising on his show. Blaine Morgan (assistant guide on Doyle's hunt) plea terms---cooperation with the government and open sentencing. William M. Vollendorf, Jr. (Pilot during McNeely hunt) plea terms---$5,000 fine (he gets his Supercub back), no agreement as to sentencing.
Three aircraft were seized which were used to aid in the commission of the offenses. Fejes' Cessna 185 and Supercub and the Supercub owned by Vollendorf. The jury forfeited the Supercub used by Fejes, but there remains to be determined by U.S. District Court Judge Holland, in an ongoing civil forfeiture case, whether Fejes subsequently had that Cub converted into a different Cub with a new registration number and frame data plate (which is the aircraft seized by agents).That question has spawned a separate FAA investigation of the aircraft repair station that did the work.
Between the two proceedings, a ruling will eventually be made on whether the Cub will be forfeited or returned. A civil forfeiture case against Fejes' Cessna 185 is also ongoing. Agents in Anchorage and Fairbanks spent considerable time last Fall looking for a plane that no longer existed due to the changing of the registration numbers on the plane involved in the violation.
Fejes will be sentenced by District Court Judge H. Russell Holland on April 23, 1999. Congratulations for a job well done by the Alaska State Troopers who initiated the investigation, Joseph Bottini of the U.S. Attorney's Office and Bob Anderson of the DOJ/Wildlife Division for their work in the prosecution of the case, Jill Birchell case agent and the other Special Agents involved.
And a ``Thank You'' to the informant who started it all, wherever you are, for without people like you, we would not be able to bring cases like this to a successful conclusion!
Submitted by Jerry Cegelske, Fairbanks, AK
