Fort Lauderdale Caviar Dealer Convicted in International Smuggling Operation
December 10, 2008
On December 5, R. Alexander Acosta, United States Attorney for the Southern District of Florida, Eddie McKissick, Miami Resident Agent in Charge, U.S. Fish & Wildlife Service, and Darwin Huggins, Atlanta Resident Agent in Charge, U.S. Fish & Wildlife Service, announced that defendant Max Moghaddam, a/k/a Bahmadi Moghaddam Mohammad, a/k/a Mohammad Moghaddam, 58, of Plantation, Florida, and Bemka Corporation, d/b/a Bemka Corporation House of Caviar and Fine Foods, of Fort Lauderdale, were convicted in Miami, December 4, 2008, by a federal jury on charges of conspiracy, false labeling of export shipments, and the illegal export of internationally protected fish roe (eggs) during the period from July 2005 through April 2007. Moghaddam and Bemka were convicted for their participation in the export of significant quantities of the roe of the American paddlefish, in violation of the laws, treaties, and regulations of the United States, contrary to the Lacey Act, Title 16, United States Code, Sections 3372 and 3373, the conspiracy statute, Title 18, United States Code, Section 371, and the Endangered Species Act, Title 16, United States Code, Section 1538(c)(1).
The case, which was tried before the Honorable Federico Moreno, United States District Court Judge, began on December 1, 2008. Judge Moreno set sentencing for February 12, 2009. Moghaddam faces up to 5 years imprisonment on the conspiracy and false labeling charges, and up to 1 year in prison on the Endangered Species Act (ESA) charge, as well as criminal fines and Bemka faces a criminal fine of up to $200,000 on the Endangered Species Act charge, and $500,000 on each of the remaining charges. Moghaddam was remanded into custody after a post-conviction bond hearing.
According to the evidence presented in the case, the American paddlefish, Polyodon spathula, is native to the Mississippi River drainage system and is harvested for both its meat and roe (eggs). Once common throughout the Midwest, over-fishing and habitat changes have caused major population declines. The paddlefish is a close relative of the sturgeons from which most commonly known caviars come, and paddlefish roe has qualities similar to sturgeon caviars. With diminishing world sturgeon populations and increased international protection for declining stocks, American paddlefish has become a substitute for sturgeon caviar and as such has become quite valuable.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) classifies protected species in its Appendices. Appendix II includes all species “which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival.” Accordingly, the export of the American paddlefish, and its parts and derivatives including the roe, is subject to the requirements of CITES, the ESA, and the regulations thereto. To engage in trade in paddlefish, all imports or exports must be accompanied by a CITES export certificate from the country of origin, or a re-export permit from a country of re-export. CITES export permits for American paddlefish are issued, upon approval of an application by the exporter, by the United States Fish & Wildlife Service. The American paddlefish is also protected by the various states in their range.
