United States v. Lee

937 F.2d 1388 (1991)

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United States v. Lee

United States Court of Appeals for the Ninth Circuit
937 F.2d 1388 (1991)

Facts

An undercover operation by the United States National Marine Fisheries and the Department of Commerce determined that Patrick Lee and his associates (the fishermen) (defendants) were selling salmon caught in Northern Pacific waters by squid-fishing vessels in violation of a Taiwanese regulation prohibiting such fishing. In exchange for $1.3 million, the fishermen arranged for the salmon to be smuggled into the United States under fraudulent certificates of origin. The fishermen were arrested and charged by the United States (plaintiff) with violation of the Lacey Act (the act), which prohibited the importation of fish or wildlife taken in violation of any foreign law. The congressional record confirmed that an element of scienter, a higher standard of criminal culpability, was included to allay fears of inappropriate criminal prosecution if the underlying offense was civil in nature. Only one of the fishermen was captain of a squid-fishing vessel who could have also violated the Taiwanese regulation. The fishermen filed a motion to dismiss, arguing (1) the Taiwanese regulation did not constitute a foreign law, (2) the act was inapplicable to foreign regulations that impose only civil penalties, and (3) the act was unconstitutionally vague. The motion to dismiss was denied. The fishermen pleaded guilty but reserved their right to challenge the act on appeal.

Rule of Law

Issue

Holding and Reasoning (Wallace, C.J.)

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