A Montana district courtroom decide sentenced an Idaho man Tuesday to 100 days in jail and $25,000 in fines after pleading responsible to purchasing wildlife carcasses and elements from an undercover sport warden in Beaverhead County.
Yan “Bo” Fong of Pocatello will even lose his looking, fishing and trapping privileges for six years beneath the sentence for felony counts of illegal sale of a sport animal and illegal possession of a sport animal.
On three events over 2017 and 2018, Fong met with an undercover sport warden in Dillon beneath the pretense that the warden had illegally taken wildlife to promote. Fong is alleged to have paid $3,800 for bear gallbladders, paws and carcasses, a number of mountain lion and bobcat carcasses and an elk and two mule deer carcasses.
Bear gallbladders are utilized in conventional Asian medicines, however their sale is illegitimate in Montana as a consequence of potential to illegally site visitors them. Bear paws are additionally thought-about an edible delicacy, and demand for bear paws and gallbladders has led to numerous prosecutions nationally for illegally killing bears and trafficking of their elements.
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Fong, who on the time owned the Bamboo Backyard restaurant in Pocatello, reportedly informed the undercover sport warden he gives the bear and mountain lion meat free to “the tour information and bus individuals,” and that “Chinese language individuals just like the animal meat,” charging paperwork say.
The restaurant has since closed.
Along with the case in Montana, Fong has pleaded not responsible to costs for wildlife-related crimes in California and Idaho.
Fong initially pleaded not responsible in Montana to 3 felony counts of illegal sale of a sport animal and three felony counts of illegal possession, transport or transportation of a sport animal or fur bearing animal. He pleaded responsible earlier this yr to a single depend of every in an settlement with prosecutors. The settlement stipulated that prosecutors would request fives years in jail, a $15,000 high quality and the lack of looking, fishing and trapping privileges for six years.
Tuesday’s sentencing listening to was emotional at occasions because the protection pushed in opposition to jail time and Fong’s spouse promised that he would by no means once more commit a criminal offense, whereas prosecutors and investigating sport wardens emphasised the egregiousness of the offenses as theft from Montanans.
Montana Division of Justice Lawyer Dan Guzynski informed the decide Fong was a profitable businessman, owned a number of eating places and had a beautiful household, “but it surely wasn’t sufficient, your honor, it was greed that propelled Mr. Fong’s actions.” Guzynski stated that jail was an applicable portion of the sentence within the case.
Protection lawyer Brent Flowers argued that whereas he applauded the work of sport wardens and was not minimizing legal guidelines defending wildlife, essentially the most extreme sentences are sometimes reserved for critical poachers. Fong was a nonviolent offender with no earlier felony historical past, he informed the courtroom, and has suffered the lack of his livelihood and the disgrace of felony convictions.
“I do suppose it’s far, far too harsh for the state on the prompting of (Montana Fish, Wildlife & Parks) to push a jail sentence for one thing that didn’t contain the precise killing of animals,” Flowers stated.
Flowers additional argued that sport wardens had chosen to extend the costs within the case by dictating the variety of wildlife carcasses or elements provided to Fong and for assembly with him on a number of events slightly than arresting him after the primary sale.
Fong, talking by an interpreter, addressed the courtroom.
“I solely need to say that I’m very sorry as a result of I’ve violated the legislation in Montana,” he stated. “So I’ll settle for the punishment.”
Beaverhead County District Courtroom Choose Luke Berger provided an in depth rationale earlier than levying the sentence, saying he believed had a sport warden not provided the animals on the market, somebody would have stepped in to fill the void and provide the elements whatever the legislation.
“Mr. Fong, I’m not going to permit the blame to be handed round right here, you dedicated a criminal offense, you dedicated a number of crimes,” the decide stated.
However Berger additionally pointed to critical and intentional poaching circumstances in addition to critical crimes in opposition to individuals, saying he needed to take into account these sentences when crafting Fong’s. Finally Berger went in opposition to the state’s suggestion of jail time, sentencing Fong to 10 years with all however 100 days within the Beaverhead County Jail suspended, but additionally elevated the monetary penalty with an extra $10,000 in fines plus courtroom costs.
Berger additionally famous that Fong should nonetheless face prosecutions in California and Idaho.
Fong is a part of a 19-count indictment in California which incorporates 4 felonies and 15 misdemeanors. The indictment features a co-defendant recognized as 54-year-old Rui Neg Zhao on one felony and one misdemeanor cost.
California prosecutors allege that on three dates in 2019 Fong bought, possessed, offered or imported wildlife elements or meat illegally. The record consists of bear gallbladders and paws, fish, waterfowl, mountain lions and ivory.
Fong and Zhao have pleaded not responsible to the costs.
In Idaho, Fong is going through 75 misdemeanor costs stemming from two dates in 2019. Ten of the costs are beneath failing to acquire a taxidermist or fur purchaser’s license statutes whereas the remaining 65 costs fall beneath unlawful possession, transport or cargo of wildlife or wildlife elements statutes.
A spokesperson for FWP stated the division was nonetheless reviewing the sentence late Tuesday.
Tom Kuglin is the deputy editor for the Lee Newspapers State Bureau. His protection focuses on outdoor, recreation and pure sources.