Case Law Database

Crimes that affect the environment

Offences

• Forest crime

Prohibited Act

• Harvesting
• Hunting (poaching)/killing
• Acquisition/Possession/Ownership
• Transfer/Transportation
• International trade (import, export, re-export)

Subject

• Domestic protected species

Details

• Undocumented/unlicensed conduct
• Protected area/habitat

Other Details

• Unlicensed conduct

Keywords

• Hunting (poaching)/killing
• Harvesting
• Acquisition/Possession/Ownership
• International trade (import, export, re-export)
• Domestic protected species

United States v. Cobb [CR-12-1594 PHX ROS]

Fact Summary

Summary

Between January and February 2010, Kenneth Brian Cobb poached eight saguaro cacti from U.S. federal land in Arizona and sold them for approximately USD 2,000 per specimen. A year later, he exported two saguaro cacti from the U.S. to Austria without a valid permit. In 2013, the defendant was found guilty of violating the Endangered Species Act and theft of government property. He was sentenced to five years’ probation with eight months of weekend incarceration. Furthermore, he paid USD 32,000 in restitution.

Environmental background

Saguaro cacti are a vital element for their ecosystems and a wide variety of wildlife species depend on it for their survival. At the same time, the cactus is a symbol representing North America’s Sonoran Desert. They are being sought after for collection and decoration.

Sentence Date:
2013-01-29
Author:
UNODC

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 
 

Defendants / Respondents in the first instance

Number of other accused:
1
Defendant:
Kenneth Brian Cobb
Gender:
Male
Nationality:
American
Age:
46
tHE DEFENDAN

Charges / Claims / Decisions

Defendant:
Kenneth Brian Cobb
Verdict:
Guilty
Fine / Payment to State:
32000  USD  (10,000-50,000 USD)

The defendant was further sentenced to 60 months supervised probation with eight months of weekend incarceration.

Court

District Court of Arizona

Sources / Citations

U.S. Department of Justice: Press Release / Bulletin p. 62