United States v. Kapp
United States District Court for the Northern District of Illinois
No. 02 CR 418-1, 2003 WL 23162408 (2003)
- Written by Oni Harton, JD
Facts
The United States (plaintiff) brought a 28-count indictment against Kapp (defendant), alleging that Kapp trafficked meats and hides of endangered animals. The jury found Kapp guilty of 17 counts. Kapp sought acquittal of the guilty counts or, in the alternative, a new trial. Kapp further alleged that the court erred when it ruled that there was insufficient evidence for Kapp to present the public-authority defense to the jury. Kapp argued that he relied on an official fact sheet published by the United States Fish and Wildlife Service (USFWS), which led him to believe that animals he killed, processed, and sold were not subject to the Endangered Species Act. Several of the counts occurred before the publication of the fact sheet. Kapp also contended that he received assurances from personal acquaintances within the USFWS that his conduct was legal. Several counts occurred before the alleged conversations with personal acquaintances within the USFWS occurred.
Rule of Law
Issue
Holding and Reasoning (Manning, J.)
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