JUDGE DAVID BRIONES 

IN THE UNITED STATES DISTRICT COURT FOR THE 

WESTERN DISTRICT OF TEXAS 

EL PASO DIVISION 

UNITED STATES OF AMERICA, § 

§ 

Plaintiff, § 

§ 

v. § 

§ 

JORGE ALONSO GUTIERREZ, § 

§ 

Defendant. § 

CRIMINAL NO. 

2020 4R I I Pfl/f: 5 

Us. GTT ESTu 

F TEXAS 

INDICTMENT 

CT 1: 18 U.S.C. § 371 

CTS 2-17: 18 U.S.C. § 545 & 2 

CT 18: 18 U.S.C. § 554 & 2 

CTS 19-24: 16 U.S.C. § 3372(a)(1), 

3373(d)(1)(B) & 18 U.S.C. § 2 

THE GRAND JURY CHARGES: EP 2 0 CR09 20 

COUNT 1 

Conspiracy 

(18 U.S.C. § 371) 

The Defendant and Co-Conspirators 

1. JORGE ALONSO GUTIERREZ ("Gutierrez" or "Defendant") was a resident 

of Juarez, Mexico. Gutierrez had a Bi/B2 border crossing card that allowed him to make daily 

commutes across the border from Mexico to the United States. 

2. CC-i, cc-2, CC-3, and cc-4 (referred to collectively as "the suppliers") were co- conspirators not named as defendants herein, and were Mexican nationals residing in Mexico. 

They were in the business of selling protected and endangered wildlife to customers in the 

United States and elsewhere. MM-i, a co-conspirator not named as a defendant herein, was a 

United States citizen residing in El Paso, Texas, who was in the business of working with 

Gutierrez and the suppliers to smuggle protected and endangered wildlife from Mexico to the 

United States. Like GUTIERREZ, MM-i operated as a middleman in the smuggling scheme. 

The suppliers used social media to advertise live animals for sale, negotiate a price for the 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 1 of 21
animals, and arrange with GUTIERREZ and MM-i for the transport of the purchased animals to 

Juarez, Mexico, and then to the United States for delivery to customers. 

Background on the Regulation of Trade in Endangered Species 

3. The Convention on International Trade in Endangered Species of Wild Flora and 

Fauna ("CITES") was an international agreement among approximately 183 governments, 

including the United States and Mexico, to protect fish, wildlife, and plants that are, or may 

become, threatened with extinction. CITES establishes import and export restrictions to protect 

these species from overexploitation through international trade. 

4. Under CITES, species are protected according to a classification system known as 

"appendices." International trade in species listed in these appendices is monitored and regulated 

by permits and quotas. The permit restrictions apply to live and dead specimens, as well as the 

skins, parts, and products made in whole or in part from a listed species. 

5. Wildlife and plant species listed in Appendix II of CITES include species that are 

not presently threatened with extinction but may become so if their trade is not regulated. 

Appendix II species may be allowed in trade; however, they are strictly regulated and monitored. 

To import an Appendix II species into the United States, the exporter must obtain a valid "foreign 

export permit," issued by the specimen's country of origin, prior to importation. 

6. Abronia is a genus of lizards found in Mexico and throughout Central America 

and northeastern South America. Abronia are small arboreal lizards which inhabit cloud forests 

at high elevations. The entire genus is listed in CITES Appendix II. 

7. Dermatemys mawii is a species of turtle commonly referred to as the Central 

American river turtle and is found in the Atlantic drainages of Central America, specifically 

Mexico, Belize, and Guatemala. The Central American river turtle is thought to be one of the 25 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 2 of 21
most endangered turtle species in the world and has been locally extirpated from much of its 

historic range. The Central American river turtle is listed as endangered by the United States Fish 

and Wildlife Service (USFWS) and is listed in CITES Appendix II. 

8. Ramphastidae, or toucans, are arboreal, colorful birds native to the neotropics, the 

region comprising Central and South America, including the tropical southern part of Mexico 

and the Caribbean. Toucan populations suffer from loss of habitat and deforestation. They are 

hunted for both food and the pet trade. To legally import toucans into the United States, in 

addition to submitting a wildlife declaration, one must obtain a veterinary services import permit 

and the birds must undergo a 30-day quarantine due to potential disease outbreaks. Keel billed 

toucans (Ramphastos sulfuratus), as charged herein, are listed in CITES Appendix II. 

9. The genus Varanus includes the large lizards commonly referred to as 

monitors. Varanus is listed in CITES Appendix II. 

10. Calumma and Furcfer are genera of chameleons originating from 

Madagascar. Both genera are listed in CITES Appendix II. 

11. Corallus caninus known as the Emerald tree boa is a non-venomous species found 

in the rain forest of South America. It is listed in CITES Appendix II. 

12. Candoiapaulsoni, Candoia carinata and Candoia aspera are small nonvenomous ground boas from New Guinea and the Solomon Islands. All three species are listed 

in CITES Appendix II. 

13. Centrochelys sulcata is known as the African spurred tortoise and is found on the 

southern edge of the Sahara desert. It is the third largest tortoise in the world. It is listed in 

CITES Appendix II. 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 3 of 21
14. All Crocodiles (Crocodillus) throughout the world are listed in CITES 

Appendix II. 

15. In the United States, CITES is implemented through the Endangered Species Act 

("ESA"). 16 U.S.C. § 1537(a), 1540(f). USFWS has issued extensive regulations under the 

ESA incorporating the specific permit requirements and provisions of CITES. 50 C.F.R. § 23. 

The ESA and its implementing regulations make it unlawful for anyone to engage in trade in any 

specimens contrary to CITES or to possess any specimens traded contrary to CITES. 16 U.S.C. § 

1538(c)(1); 50 C.F.R § 23.13(a) and (c). "Trade," in this context, includes importation into the 

United States. 50 C.F.R. § 23.5. 

16. All imported wildlife must be declared to the USFWS in the United States. A true 

and complete declaration Form 3-177, Declaration for Importation or Exportation of Fish or 

Wildlife, must be filed at or before the time of importation. 16 U.S.C. § 1538(e); 50 C.F.R. § 

14.61. Federal regulations also require that the USFWS clear all wildlife imported into the 

United States, and that the importer or his agent make available the wildlife being imported to 

the officer, as well as all required permits, licenses, or other documents. 50 C.F.R. § 14.52. The 

wildlife may only be cleared at certain ports authorized in the regulations, unless specifically 

authorized elsewhere. 50 C.F.R. § 14.11. 

17. The federal wildlife protection statute known as the Lacey Act is found at Title 

16, United States Code, Section 3371 et seq. The Lacey Act makes it unlawful for any person to 

import, export, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, 

transported, or sold in violation of any law, treaty, or regulation of the United States. 16 U.S.C. 

§ 3372(a)(1). 

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The Conspiracy 

18. Beginning on an unknown date, but at least as early as April 2015, and continuing 

through the present, in the Western District of Texas and elsewhere, 

JORGE ALONSO GUTIERREZ, 

defendant herein, knowingly combined, conspired, confederated, and agreed with others known 

and unknown, including CC-i, CC-2, CC-3, CC-4, and MM-i, to commit certain offenses 

against the United States, that is: 

a. to knowingly import and bring into the United States, merchandise, 

namely wildlife, including CITES-protected wildlife, contrary to laws and 

regulations of the United States, and receive, conceal, buy, sell, and in any 

manner facilitate the transportation, concealment, and sale of such 

merchandise after importation, knowing the same to have been imported 

and brought into the United States contrary to laws and regulations of the 

United States, in violation of Title 18, United States Code, Section 545; 

b. to knowingly export and send and attempt to export and send from the 

United States merchandise, articles, and objects, namely wildlife, 

including CITES-protected wildlife, contrary to laws and regulations of 

the United States, in violation of Title 18, United States Code, Sections 

554 and 2; and 

c. to knowingly sell wildlife with a value of more than $350 knowing that 

such wildlife was possessed, transported, and sold in violation of laws, 

treaties, and regulations of the United States, in violation of Title 16, 

United States Code, Sections 3372(a)(i) and 3373(d)(1)(B). 

Manner and Means of the Conspiracy 

The manner and means by which GUTIERREZ and his co-conspirators sought to 

accomplish the objects and purposes of the conspiracy included, among others, the following: 

19. In furtherance of the conspiracy and to effect the illegal objects thereof, 

GUTIERREZ and others known and unknown, including the suppliers and MM-i, used social 

media to offer wildlife for sale and to negotiate the terms of the sale and delivery with customers 

in the United States and Mexico. 

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20. In furtherance of the conspiracy and to effect the illegal objects thereof, after the 

suppliers and customers agreed to a sale, the suppliers arranged for the wildlife to be transported 

to Juarez, Mexico. GUTIERREZ picked up the wildlife from the Juarez airport and then 

delivered it to MM-i at a pre-arranged place in Juarez, Mexico. GUTIERREZ also delivered 

shipping labels to MM-i, bearing the addresses in the United States to which MM-i delivered 

the wildlife. After receiving the wildlife from GUTIERREZ, MM-i transported the wildlife to 

his residence in El Paso, Texas, via automobile, which MM-i drove across the U.S.-Mexico 

border through the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) lane. 

SENTRI is a U.S. Customs and Border Protection (CBP) program that allows expedited 

clearance for pre-approved, low-risk travelers upon arrival in the United States. 

2i. In furtherance of the conspiracy and to effect the illegal objects thereof, MM-i 

received a "crossing fee" for each border crossing, the amount of which depended on the number 

of animals transported, the size of the package(s), and, in some cases, the risk of being detected 

by the authorities. 

22. In furtherance of the conspiracy and to effect the illegal objects thereof, at his 

residence, MM-i removed the animals from their packaging. MM-i would photograph any dead 

animal(s) and send the photo(s) to the supplier. MM-i then re-packaged the live animals and 

shipped them to the customer via U.S. Postal Service or private courier service. 

23. Beginning on a date not later than April 2015 and continuing through the 

February 20, 2020, GUTIERREZ received and transported and caused MM-i and others known 

and unknown to the Grand Jury to receive and transport endangered and protected wildlife across 

the U.S.-Mexico border several times per week. During that time period, GUTIERREZ received 

and transported and caused MM-i and others known and unknown to the Grand Jury to receive 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 6 of 21
and transport wildlife across the U.S.-Mexico Border with a market value in excess of 

$3,500,000. During that time period, MM-i was paid by GUTIERREZ and others known and 

unknown to the Grand Jury, more than $92,000 to transport wildlife across the U.S.-Mexico 

border. 

24. Beginthng on a date not later than April 2015 and continuing through February 

20, 2020, GUTIERREZ received and transported and caused others known and unknown to the 

Grand Jury to receive and transport endangered and protected wildlife out of the United States to 

Mexico. 

OVERT ACTS 

In furtherance of the conspiracy and in order to effect the objects thereof, GUTIERREZ 

and his co-conspirators committed the following overt acts, among others, in the Western 

District of Texas and elsewhere: 

April 2015 sale and smule of wildlife to U.S. Customer 1 

Overt Act 1: On or about and between April 21, 2015, and April 23, 2015, CC-2 sold 

wildlife, including but not limited to three protected Abronia lizards, 50 frogs, and 27 

salamanders, to U.S. Customer 1. 

Overt Act 2: On or about and between April 21, 2015, and April 23, 2015, MM-i and 

CC-2 electronically messaged each other regarding the sale of wildlife to U.S. Customer 1, 

stating: 

MM-i: When will you be sending again? Have you already sent the 

turtles? 

CC-2: I was going to send today, but there was a problem with the frogs. 

They [turtles and frogs] will be sent tomorrow. 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 7 of 21
MM-i: I am going to call [U.S. Customer 1] and ask him to send more 

money. [To take them across the border] is 500 pesos per box of 

frogs. 

Overt Act 3: On or about April 23, 2015, GUTIERREZ received the lizards, frogs, and 

salamanders, which he then delivered to MM-i in Juarez, Mexico, who then transported the 

animals from Mexico into the United States. 

Overt Act 4: On or about April 23, 2015, MM-i shipped the lizards, frogs, and 

salamanders from El Paso, Texas, to U.S. Customer 1 in California. 

May 2015 sale and smuggle of wildlife to U.S. Customer 2 

Overt Act 5: On or about and between May 12, 2015, and May 19, 2015, CC-3 sold 

wildlife, including but not limited to six Abronia lizards, to U.S. Customer 2. 

Overt Act 6: On or about and between May 12, 2015, and May 19, 2015, MM-i and 

CC-3 electronically messaged each other regarding transport of the wildlife, including the 

lizards, to Juarez, Mexico, for MM-i to pick up and transport into the United States. As part of 

this discussion, they stated: 

CC-3: [referring to a photograph he sent to MM-i] This is the other 

Mesaspis [lizards]. The package is already in Juarez. 

MM-i: I am upset with [U.S. customer]. He sent $47, not $50. 

CC-3: I will send you the $3, or more Abronia. 

MM-i: We take all the risk. [U.S. Customer] should have sent the 

$50. 

CC-3: Getting and transporting the animals is risky. 

MM-i: Yes, very. 

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Overt Act 7: On or about May 19, 2015, GUTIERREZ received the lizards, which he 

then delivered to MM-i in Juarez, Mexico, who then transported the animals from Mexico into 

the United States. 

Overt Act 8: On or about May i9, 2015, MM-i shipped the Abronia lizards from El 

Paso, Texas, to U.S. Customer 2 in Tennessee. 

January and February 2016 sales and smuggling of 

wildlife to U.S. Customer 3 

Overt Act 9: On or about January 23, 2016, MM-i and CC-i electronically messaged 

each other regarding a planned sale, stating: 

CC-i: I live in Mexico City and have a commercial business that sells animals. I 

am able to transport them within Mexico, but needed [sic] them to "cross 

crooked." You can pick up the animals in Juarez. 

MM-i: It will be $700 to cross the animals. Crossings of this quantity of animals 

is difficult because the heat makes it difficult to hide the animals and the 

officers check more often. 

Overt Act 10: On or about and between January 23, 2016, and February 25, 20i6, CC-i 

sold wildlife, including but not limited to two Mexican spotted wood turtles, 23 boa constrictors, 

and two Mexican spiny-tailed iguanas, to U.S. Customer 3. Overt Act 11: On or about January 23, 2016, GUTIERREZ received the turtles, snakes, 

and iguanas, which he then delivered to MM-I in Juarez, Mexico, who then transported the 

animals from Mexico into the United States. 

Overt Act 12: On or about January 23, 2016, MM-i shipped the turtles, snakes, and 

iguanas from El Paso, Texas, to U.S. Customer 3 in Florida. 

January 2016 sale and smuggling of wildlife to U.S. Customer 4 

Overt Act 13: On or about and between January 14, 2016, and January 25, 2016, CC-i 

sold wildlife, including but not limited to Central American river turtles, to U.S. Customer 4. 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 9 of 21
Overt Act 14: On or about January 14, 2016, MM-i, CC-i, and U.S. Customer 4 

electronically messaged each other regarding a sale of Abronia and turtles, stating: 

MM-i: For Abronias, the crossing is $110, so for tomorrow's shipping, we 

are talking $320, total. 

U.S. Customer 4: Really, I don't understand why the turtles shipping is 150. I 

thought I already paid 550 for the crossing plus the actual shipping. 

MM-I: No, to cross the tres lomos [turtles] was quite an ordeal and then I 

was not expecting those 12 chopos [turtles]. I had to make 3 trips. 

The box is quite heavy and, on top of that, those chopos bite hard. I 

had to improvise yesterday with all the animals. Those 2 tres lomos 

are big and heavy, so let's play by the rules. I really risk a lot by 

crossing things. Yesterday, it was pretty scary with those 2 

monsters. 

Overt Act 15: On or about January 25, 2016, U.S. Customer 4 and MM-i electronically 

messaged each other about transport of turtles and monitor lizards from Juarez. 

Overt Act 16: On or about January 25, 2016, GUTIERREZ received the turtles, which 

he then delivered to MM-I in Juarez, Mexico, who then transported the animals from Mexico 

into the United States. 

Overt Act 17: On or about January 25, 2016, MM-i shipped turtles from Texas to U.S. 

Customer 4 in Missouri. 

September 2016 sale of wildlife to Cooperating Private Individual 1 

Overt Act 18: On or about and between September 16, 2016, and September 22, 2016, 

CC-4 sold wildlife, including but not limited to Central American river turtles, to Cooperating 

Private Individual 1 ("CPI-i") for $1,650. 

Overt Act 19: On or about September 16, 2016, CC-4 and CPI-i electronically 

messaged each other regarding the sale of the turtles in which CC-4 stated that the payment 

should be split between CC-4 and MM-i, who CC-4 described as his "middle-man in El Paso." 

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Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 10 of 21
Overt Act 20: On or about September 22, 2016, GUTIERREZ received the turtles, 

which he then delivered to MM-i in Juarez, Mexico, who then transported the animals from 

Mexico into the United States. 

Overt Act 21: On or about September 22, 2016, MM-i shipped turtles from Texas to 

CPI- 1 in Oklahoma. 

January 2017 sale and smuggling of wildlife to U.S. 

Overt Act 22: On or about and between January 17, 2017, and January 19, 2017, CC-i 

and cc-4 sold wildlife, including but not limited to Terrestrial arboreal alligator lizards, Spiny 

headed tree frogs, Red-lipped arboreal alligator lizards, Morelet's alligator lizards, Alligator 

lizards, Helmeted iguanas, Bocourt' s arboreal alligator lizards, Yucatan spiny-tailed iguanas, 

conehead lizards, and Bromelaid arboreal alligator lizards, to U.S. customers 5, 6, and 7. 

Overt Act 23: On or about January 18, 2017, MM-i and cc-i electronically messaged 

each other regarding a sale of the species listed in Overt Act 22, stating: 

cc-i: cc- insisted on shipping everything in one trip. I will get the [animals] 

and ship them to Juarez on Monday. Profepa [Mexican authorities] was 

checking and opening packages and I do not want a hard time. 

MM-i: The stuff you sent is safe. 

Overt Act 24: On or about January 18, 2017, cc-4 sent an electronic message to MM-i 

listing all the animals contained in the latest package, instructions on which customer was to 

receive which animal, and which customer was going to pay for the transport and shipping. 

Overt Act 25: On or about and between January 18, 2017, and January 19, 2017, 

GUTIERREZ received the above-described animals, which he then delivered to MM-i in Juarez, 

Mexico, who then transported the animals from Mexico into the United States. 

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Overt Act 26: On or about January 19, 2017, MM-i shipped wildlife from El Paso, 

Texas, to U.S. Customer 5 in Florida, U.S. Customer 6 in Florida, and U.S. Customer 7 in 

California. 

February 2017 smuggling of wildlife to and from the U.S. 

Overt Act 27: On or about February 12, 2017, GUITERREZ and MM-i electronically 

messaged each other regarding small crocodiles and turtles that GUITERREZ intended to 

transport from El Paso to Juarez. In the message, MM-i stated that the "crocodiles were risky, 

because they bark and are delicate." MM-i instructed GUTIERREZ to "tape their snouts." 

Overt Act 28: On or about February 12, 2017, GUTIERREZ received five Crocodiles 

and 10 lizards (Abronia sp.), which he then delivered to MM-i in Juarez, Mexico, who then 

transported the animals from Mexico into the United States. 

Overt Act 29: On or about February 12, 2017, CC-i agreed to purchase 10 Panther 

chameleons (Furcfer paradalis) from a co-conspirator based in Tennessee ("Tennessee Seller"), 

and known to the Grand Jury. 

Overt Act 30: On February 12, 20i7, Tennessee Seller sent or caused to be sent the 

chameleons to El Paso, Texas, where they were retrieved by MM-i and delivered to 

GUTIERREZ at a pre-arranged location, in El Paso. GUTIERREZ then transported the animals 

out of the United States to Mexico. 

March 2017 smuggling of wildlife from the U.S. 

Overt Act 31: On or about March 16, 2017, CC-4 agreed to purchase 30 Centrochelys 

sulcata from a co-conspirator based in Arizona ("Arizona Seller"), known to the Grand Jury. 

Overt Act 32: On or about March 16, 2017, Arizona Seller sent or caused to be sent 30 

African spurred tortoises (Centrochelys sulcate) to El Paso, Texas. 

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Overt Act 33: On or about March 16, 2017, GUITERREZ and MM-i electronically 

messaged each other regarding the sale of the tortoises, in which the two agreed to meet the 

following day in El Paso and that GUITTEREZ would give MM-i money at that time. 

Overt Act 34: On or about March 17, 2017, GUITTERREZ and MM-i met at a location 

in El Paso and GUTIERREZ received the tortoises. Later that day, GUTIERREZ transported the 

tortoises out of the United States to Mexico, and then shipped the animals to CC-4 in Mexico. 

June 2017 smuggling of wildlife from the U.S. 

Overt Act 35: On or about June 21, 2017, CC-2 agreed to purchase 11 Gabon vipers 

(Bitis gabonica), 4 black-necked spitting cobras (Naja nigricollis), and four other venomous 

vipers (Bitis nasicornis) from a co-conspirator in Oklahoma ("Oklahoma Seller"), who is known 

to the Grand Jury. 

Overt Act 36: On or about June 21, 2017, Oklahoma Seller sent or caused another to 

send those snakes to El Paso, Texas. 

Overt Act 37: On or about June 21, 2017, GUTIERREZ and MM-i electronically 

messaged each other regarding a sale of the species listed in Overt Act 35, in which 

GUTIERREZ informed MM-i that he was made aware of a problem with the package at the 

airline delivery point at the El Paso Airport, because the snakes were venomous. GUTIERREZ 

further stated that he was going to tell the airline that "he did not know he needed a permit for 

the snakes." 

Overt Act 38: On or about June 22, 2017, GUTIERREZ retrieved the animals from the 

airport in El Paso, Texas, and then transported the animals out of the United States to Mexico. 

Overt Act 39: On or about, June 25, 2017, CC-2 agreed to purchase wildlife, including a 

blue-spotted tree monitor (Varanus macraei), 3 emerald tree monitors (Varanus prasinus), 2 

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Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 13 of 21
black tree monitors ( Varanus beccarii), 6 Asian water monitors ( Varanus salvator), a boa 

constrictor (Corallus hortulanus), an Emerald tree boa (Corallus caninus), 2 Solomon Island 

ground boas (Candoiapaulsoni), 5 blue and yellow frogs (Phyllomedusa bicolor), 4 Frilled-neck 

lizards (Chiamydosaurus kingie), and 2 New Guinea ground boas (Candoia aspera), from a coconspirator in Florida ("Florida Seller"), who is known to the Grand Jury. 

Overt Act 40: On or about June 25, 2017, Florida Seller sent or caused another to send 

those animals to El Paso, Texas, where they were received by MM-i. 

Overt Act 41: On or about June 25, 2017, GUTIERREZ sent MM-i an electronic 

communication in which he agreed to pay MM-i $450 to transport the animals from Texas to 

Juarez. On the same day, MM-i delivered those animals to GUTIERREZ in Juarez, Mexico. 

GUTIERREZ then sent the animals to CC-4. 

July and September 2017 sales and smugIing of wildlife to U.S. Customer 8 

Overt Act 42: On or about July 25, 2017, CC-4 sold wildlife, including but not limited 

to 6 toucans (Ramphastos sulfuratus), to U.S. Customer 8. 

Overt Act 43: On or about July 25, 2017, MM-land CC-4 electronically messaged each 

other regarding the transport of toucans, stating: 

CC-4: Will you cross toucans for $75 [per bird]? It would be the same as 

crossing reptiles, they would be in a box. 

MM-i: $85 [per bird] and tape their beaks so they do not make noise and tie them 

up very well. 

Overt Act 44: On or about August 3, 20i7, GUTIERREZ received the toucans, which 

he then delivered to MM-i in Juarez, Mexico, who then transported the birds from Mexico into 

the United States. 

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Overt Act 45: On or about August 3, 2017, MM-i shipped toucans from El Paso, Texas, 

to U.S. Customer 8 in Nevada. 

Overt Act 46: On or about, September 7, 2017, CC-4 sent or caused to be sent ten 

toucans (Ramphastos sulfuratus) to GUTIERREZ in Juarez, Mexico. 

Overt Act 47: On or about September 7, 2017, GUTIERREZ and MM-I electronically 

messaged each other regarding a sale of the toucans, in which Gutierrez stated "the shipment was 

delayed and it would arrive tomorrow. I have the toucans and they are dying." GUTIERREZ 

attached a video and photographs to the message, which depicted dead, or dying, toucans. 

Overt Act 48: On or about September 7, 2017, GUTIERREZ received the toucans, 

which he then delivered to MM-i in Juarez, Mexico, who then transported the animals from 

Mexico into the United States. 

Overt Act 49: On or about September 8, 2017, GUTIERREZ delivered the animals to 

MM-i in Juarez. Three of the toucans died in Mexico during transport. MM-i crossed seven 

toucans into Texas and shipped the birds to U.S. Customer 8 in California. 

November 2017 sale and smuggling of wildlife to Cooperating Private Individual 2 

Overt Act 50: On or about and between November 7, 2017, and November 16, 2017, 

CC-i sold wildlife, including but not limited to 15 Bell's false brook salamander (Isthmura belli), 

to CPI-2 for $1200. 

Overt Act 51: On or about November 9, 2017, CPI-2 electronically transferred $262 to 

MM-lfor the transport and shipping of the salamanders. 

Overt Act 52: On or about November 15, 2017, MM-i labeled the package containing 

salamanders shipped to CPI-2 with the following false return address: "Oscar Miranda, 1701 

Hawkins Blvd., El Paso, Texas 79925." 

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Overt Act 53: On or about November 15, 2017, GUTIERREZ received the salamanders, 

which he then delivered to MM-i in Juarez, Mexico, who transported the animals from Mexico 

into the United States, and then shipped the salamanders from El Paso, Texas, to CPI-2 in Iowa. 

September 2018 smuggling of wildlife from the U.S. 

Overt Act 54: On or about September 11, 2018, GUTIERREZ purchased 5,000 pond 

slider turtles (Trachemys scripta scripta) from a co-conspirator based in California ("California 

Seller"), known to the Grand Jury. 

Overt Act 55: On or about September 12, 2018, an individual known to the Grand Jury 

retrieved the turtles and transported them out of the United States to Mexico. 

All in violation of Title 18, United States Code, Section 371. 

COUNTS 2-17 

Smuggling into the United States 

(18 U.S.C. § 545 and 2) 

Paragraphs 1 through 17 of Count 1 of the Grand Jury's Indictment are incorporated 

herein by reference as if set forth in their entirety. 

On or about the dates listed below, each date representing a separate count, in the 

Western District of Texas and elsewhere, 

JORGE ALONSO GUTIERREZ, 

defendant herein, did knowingly import and bring into the United States, merchandise, 

specifically the protected wildlife listed below, contrary to laws and regulations of the United 

States, and received, concealed, bought, sold, and in any manner facilitated the transportation, 

concealment, and sale of such merchandise after importation, knowing the same to have been 

imported and brought into the United States contrary to laws and regulations of the United 

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Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 16 of 21
States, by, among other things, knowingly failing to make the required declaration and obtain the 

required authorization to import such items into the United States, in violation of Title 16, United 

States Code, Section 1538(e); and Title 50, Code of Federal Regulations, Sections 14.11, 14.52, 

and 14.61. 

COUNT DATES WILDLIFE 

2 April 23, 2015 Red-lipped arboreal alligator lizard (Abronia lythrochila); 

Imbricate alligator lizard (Barisia imbricate); and alligator lizard 

(Mesaspis sp.) 

3 May 19, 2015 Red-lipped arboreal alligator lizard (Abronia lythrochila); 

Abronia sp., Mexican spiny-tailed iguana (Ctenosaurapectinate); 

Lepidophyma sp., Corytophanes sp., Gerrhonotus sp.; Terrestrial 

arboreal alligator lizard (Abronia graminea); Abronia smithi, 

Yucatan spiny-tailed iguana (Ctenosaura defensor) 

4 January 23, 2016 Common boa (Boa constrictor imperator); Mexican spotted 

wood turtle (Rhinoclemmys rubida); Mexican spiny-tailed iguana 

(Ctenosaurapectinate); Abronia sp.; Narrow-bridged musk turtle 

(Claudius angustatus); Central American river turtle 

(Dermatemys mawii); Corytophanes sp. 

5 Sept 22, 2016 Central American river turtle (Dermatemys mawii); Mexican 

spotted wood turtle (Rhinoclemmys rub ida); Giant horned lizard 

(Phrynosoma asio); Bromeliad arboreal alligator lizard (Abronia 

taeniata); Deppe's arboreal alligator lizard (Abronia deppii); Redlipped arboreal alligator lizard (Abronia lythrochila); Minor 

lizard (Sceloporus minor); Yucatan box turtle (Terrapene 

Carolina yucatana) 

6 January 18, 2017- Terrestrial arboreal alligator lizard (Abronia graminea); SpinyJanuary 19, 2017 headed treefrog (Anotheca spinose), Red-lipped arboreal alligator 

lizard (Abronia lythrochila); Morelet' s alligator lizard (Mesaspis 

moreletii); Gerrhonotus sp., Bocourt's arboreal alligator lizard 

(Abronia vasconcelosi); Yucatan spiny-tailed iguana (Ctenosaura 

defensor); Corytophanes sp., Bromeliad arboreal alligator lizard 

(Abronia taeniata); Laemanctus sp. 

7 February 12, 2017 Crocodiles (Crocodillus) and Abronia sp. 

17 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 17 of 21
COUNT DATES WILDLIFE 

8 August 3, 2017 Mexican spiny-tailed iguana (Ctenosaurapectinate); 

Northeastern spinytail iguana (Ctenosaura acanthura); Mexican 

giant musk turtle 'lomos' (Staurolypus triporcatus); Keel billed 

toucan (Ramphastos sulfuratus) 

9 Nov 15, 2017 Bell's false brook salamander (Isthmura belli); Keel billed toucan 

(Ramphastos sulfuratus); Mexican spotted wood turtle 

(Rhinoclemmys rubida); Mexican horned lizard (Phrynosoma 

Taurus); Narrow-bridged musk turtle (Claudius angustatus); 

Abronia sp., Crotalus sp. 

10 April 23, 2015 Red-lipped arboreal alligator lizard (Abronia lythrochila); 

Imbricate alligator lizard (Barisia imbricate); and alligator lizard 

(Mesaspis sp.) 

11 May 19, 2015 Red-lipped arboreal alligator lizard (Abronia lythrochila); 

Abronia sp.; Mexican spiny-tailed iguana (Ctenosaura pectinate); 

Lepidophyma sp., Corytophanes sp., Gerrhonotus sp., Terrestrial 

arboreal alligator lizard (Abronia graminea); Abronia smithi, 

Yucatan spiny-tailed iguana (Ctenosaura defensor) 

12 January 23, 2016 Common boa (Boa constrictor imperator); Mexican spotted 

wood turtle (Rhinoclemmys rub ida); Mexican spiny-tailed iguana 

(Ctenosaurapectinate); Abronia sp.; Narrow-bridged musk turtle 

(Claudius angustatus); Central American river turtle 

(Dermatemys mawii); Corytophanes sp. 

13 Sept 22, 2016 Central American river turtle (Dermatemys mawii); Mexican 

spotted wood turtle (Rhinoclemmys rubida); Giant horned lizard 

(Phrynosoma asio); Bromeliad arboreal alligator lizard (Abronia 

taeniata); Deppe's arboreal alligator lizard (Abronia deppii); Redlipped arboreal alligator lizard (Abronia lythrochila); Minor 

lizard (Sceloporus minor); Yucatan box turtle (Terrapene 

Carolina yucatana) 

14 January 18, 2017- Terrestrial arboreal alligator lizard (Abronia graminea); SpinyJanuary 19, 2017 headed treefrog (Anotheca spinose), Red-lipped arboreal alligator 

lizard (Abronia lythrochila); Morelet' s alligator lizard (Mesaspis 

moreletii); Gerrhonotus sp., Bocourt's arboreal alligator lizard 

(Abronia vasconcelosi); Yucatan spiny-tailed iguana (Ctenosaura 

defensor); Corytophanes sp.; Bromeliad arboreal alligator lizard 

(Abronia taeniata); Laemanctus sp. 

18 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 18 of 21
COUNT DATES WILDLIFE 

15 August 3, 2017 Mexican spiny-tailed iguana (Ctenosaurapectinate); 

Northeastern spinytail iguana (Ctenosaura acanthura); Mexican 

giant musk turtle 'lomos' (Staurotypus trlorcatus); Keel billed 

toucan (Ramphastos sulfuratus) 

16 September 7, 2017 Keel billed toucan (Ramphastidae sulfuratus) 

17 Nov 15, 2017 Bell's false brook salamander (Isthmura belli); Keel billed toucan 

(Ramphastos sulfuratus); Mexican spotted wood turtle 

(Rhinoclemmys rubida); Mexican horned lizard (Phrynosoma 

Taurus); Narrow-bridged musk turtle (Claudius angustatus); 

Abronia sp., Crotalus sp. 

All in violation of Title 18, United States Code, Sections 545 and 2. 

COUNT 18 

Smuggling Goods from the United States 

(18 U.S.C. § 554 and 2) 

Paragraphs 1 through 17 of Count 1 of the Grand Jury's Indictment are incorporated 

herein by reference as if set forth in their entirety. 

On or about February 12, 2017, in the Western District of Texas and elsewhere, 

JORGE ALONSO GUTIERREZ, 

defendant herein, did fraudulently and knowingly export and send, and attempt to export and 

send from the United States merchandise, specifically panther chameleons (Furcfer pardalis), 

contrary to law and regulation of the United States, specifically contrary to the Endangered 

Species Act, 16 U.S.C. § 1538(c) and (e). 

All in violation of Title 18, United States Code, Sections 554 and 2. 

19 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 19 of 21
COUNTS 19-24 

Wildlife Trafficking 

(16 U.S.C. § 3372(a)(1) and 3373(d)(1)(B); and 18 U.S.C. § 2) 

Paragraphs 1 through 17 of Count 1 of the Grand Jury's Indictment are incorporated 

herein by reference as if set forth in their entirety. 

On or about the dates listed below, each date representing a separate count, in the 

Western District of Texas and elsewhere, 

JORGE ALONSO GUTIERREZ, 

defendant herein, did knowingly engage in conduct that involved the sale and purchase of, offer 

of sale and purchase of and intent to sell and purchase wildlife with a market value in excess of 

$350 and did knowingly import, export, transport, sell, receive, acquire, and purchase wildlife, 

specifically the wildlife listed below, with a market value in excess of $350, and did aid and abet 

in the same, knowing that such wildlife was transported and sold in violation of the laws, 

treaties, and regulations of the United States, to wit, the Endangered Species Act, Title 16, 

United States Code, Section 1538(c)(1); Title 50, Code of Federal Regulations, Sections 14.11, 

14.52, and 14.61; and Title 18, United States Code, Section 545. 

COUNT DATES WILDLIFE 

19 January 25, 2016 Central American river turtle (Dermatemys mawii) 

20 July 27, 2017 Rhinoceros iguana (Cyclura cornuta) 

21 September 16, 2016 Central American river turtle (Dermatemys mawii) 

22 March 16, 2017 African spurred tortoises (Centrochelys sulcate) 

23 June 25, 2017 Blue-spotted tree monitor ( Varanus macrae!); Emerald tree 

monitor ( Varnausprasinus); Asian water monitor (Varanus 

salvator); Amazon tree boa (Corallus hortulanus); Emerald tree 

boa (Corallus caninus) 

24 September 15, 2017 Campbell's alligator lizard (Abronia campbell!) 

20 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 20 of 21
All in violation of Title 16, United States Code, Sections 3372(a)(1) and 3373(d)(1)(B); 

and Title 18, United States Code, Section 2. 

DATED:M/frnJ\ 2020 

JOHN F. BASH 

UNITED STATES ATTORNEY 

BY: 

Assistant U.S. Attorney 

ATRUEB1QRLGINALSIGTURE 

REDACTED PURSUANT TO 

E4OVERNMENT ACT OF 2002 

FOREPERSON OF THE GRAND JURY 

JEFFREY BOSSERT CLARK 

ASSISTANT ATTORNEY GENERAL 

ENVIRONMENT AND NATURAL 

RESOURCES DIVISION 

By: 

Gary N. 46nner 

Trial Attorney 

Environmental Crimes Section 

U.S. Department of Justice 

By: GI 

Mary Dee Carraway 

Trial Attorney 

Environmental Crimes Section 

U.S. Department of Justice 

21 

Case 3:20-cr-00920-DB Document 8 Filed 03/11/20 Page 21 of 21