A0 91 (Rev. 11/11) Criminal Complaint 

UNITED STATES DISTRICT COURT 

for the 

Western District of Texas 'R9fj FE 

7 United States of America ) 

V. ) 

) CaseNo. 

Jorge Alonso GUTIERREZ 1 3 3 

Defendant(s) 

CRIMINAL COMPLAINT 

I, the complainant in this case, state that the following is true to the best of my knowledge and belief. 

On or about the date(s) of February 20, 2020 in the county of El Paso 

Western District of Texas , the defendant(s) violated: 

Code Section Offense Description 

18 Usc 545 Smuggling Goods into the United States 

18 Usc 371 Conspiracy 

18 Usc Section 2 Aiding and Abetting 

This criminal complaint is based on these facts: 

See attached affidavit 

III Continued on the attached sheet. 

Sworn to before me and signed in my presence. 

fl Sworn to telephonically and signed electronically. 

Date: February 24, 2020 

City and state: El Paso, Texas 

Complainant's 

Albert L. Gonzalez, Special Agent 

Printed name and title 

/tU////Th'/ 

in the 

Judge 's signature 

Robert Castaneda, U.S. Magistrate Judge 

Printed name and title 

Case 3:20-cr-00920-DB Document 1 Filed 02/24/20 Page 1 of 5
AFFIDAVIT 

Background 

In May 2016, the United States Fish and Wildlife Service (USFWS) initiated 

Operation B ale Out, an investigation into wildlife trafficking between the United States 

and Mexico. The investigation revealed that wildlife, much of which was protected under 

both U.S. and Mexico laws, was smuggled into and out of the United States. As part of 

the investigation, USFWS learned that El Paso, Texas, and Juarez, Mexico, served as 

distribution centers, by which wildlife being transported to the United States was first 

transported from points in Mexico to Juarez, Mexico, where it was retrieved and driven 

across the U.S. Mexico Border to El Paso, Texas. From El Paso, the wildlife was then 

sold to individuals throughout the United States. 

Based on records obtained during the investigations and other information, 

USFWS agents learned that between 2015 and the present, this trafficking ring 

smuggled hundreds of species, which represented thousands of animals, into and out of 

the United States. It is estimated that the market value of the animals smuggled by 

individuals identified in the investigation exceeded $5,836,611. 

On December 4, 2019, a federal grandjury, sitting in the El Paso division of the 

Western District of Texas issued an indictment charging Alejandro Carrillo as one of the 

conspirators involved in the wildlife smuggling scheme. Attached hereto as Exhibit 1 is 

the December 4, 2019, Indictment ofAlejandro Carrillo, which provides details of the 

ongoing conspiracy to traffic wildlife across the U.S. Mexico border. Count 1 of the 

indictment charges conspiracy to traffic wildlife (18 U.S.C. § 371) and alleges that 

Alejandro Carrillo conspired with others known and unknown. (Exhibit 1, ¶ 20). JORGE 

ALONSO GIJTIERREZ, the subject of this criminal complaint, was one of the unknown 

conspirators referenced in Exhibit 1, who conspired with Alej andro Carrillo and others 

to traffic wildlife. 

The indictment, attached as Exhibit 1, is hereby incorporated by reference into 

this Affidavit as if fully set out herein. 

This affidavit details a portion of GUTIERREZ's conduct learned during this 

investigation. 

JORGE ALONSO GUTIERREZ' Role in the Conspiracy 

JORGE ALONSO GUTIERREZ is involved with the smuggling of wildlife between 

the United States and Mexico. USFWS learned of GUTIERREZ through Operation Bale 

Out. Records received from Facebook, showed that GUTIERREZ, who is a Mexican 

national and was based in Juarez, Mexico, sold wildlife to customers in the United 

States. In addition to selling wildlife, GUTIERREZ acted as the point-of-contact in 

Mexico for wildlife suppliers, who are identified in Exhibit 1 as CC-i, CC-2, CC-3, and 

CC-4. (Exhibit i, ¶ 20). After agreeing to a sale via Facebook, the suppliers arranged for 

the animals to be delivered to CC-i, in Mexico City. From Mexico City, CC-i shipped the 

Case 3:20-cr-00920-DB Document 1 Filed 02/24/20 Page 2 of 5
animals (via air freight) to Juarez, Mexico. Once the shipment arrived in Juarez, 

GUTIERREZ retrieved the animals from the airport and transported them to a prearranged meeting place in Juarez, where he delivered the animals to Alejandro Carrillol, 

who then smuggled the animals into the United States. In addition to delivering the 

animals to Carrillo, GUTIERREZ supplied Carrillo with shipping labels, which 

contained the addresses in the United States to which Carrillo shipped the animals. 

According to Carrillo, almost all of the animals he smuggled into the United States as 

part of the conspiracy, involved retrieving the animals from GUTIERREZ, in Juarez, 

Mexico. 

Based on records obtained during this investigation, including records obtained 

from Facebook, and information obtained from a cooperating witness, GUTIERREZ was 

involved in every transaction detailed in Counts 1 through 13 of Exhibit 1. For each of 

those transactions, CC-i, CC-2, CC-3, or CC-4, delivered the animals to GUTIERREZ, in 

Juarez, Mexico. Typically, the animals were shipped to Juarez via air freight and 

GUTIERREZ retrieved the shipments from the airport in Juarez. To avoid inspection at 

the airport, GUTIERREZ paid employees at the airport in Juarez to not inspect the 

shipments. 

After retrieving the animals from the airport, GIJTIERREZ arranged with 

Alejandro Carrilloto meet at a specific location in Juarez, where GUTIERREZ delivered 

the animals to Carrillo. As detailed in Exhibit 1, Carrillo then transported the animals 

from Mexico into the United States, and distributed the animals to the U.S. based 

customers. Records reviewed during the investigation show that GUTIERREZ knew 

Carrillo was illegally transporting the animals into the United States. Records also show 

that GUTIERREZ provided Carrillo with shipping labels, for Carrillo to ship the animals 

to the U.S. based customers. 

GUTIERREZ'S Recent Smuggling of Wildlife 

On or about December 11, 2019, USFWS agents executed a search warrant at a 

residence in Franklin, Tennessee, owned by an individual (hereinafter "the purchaser") 

who agents knew had purchased wildlife from Mexican suppliers on multiple occasions. 

During the execution of the warrant, USFWS agents discovered a packaged containing 

wildlife that had been delivered to the purchaser at his residence on December ii, 2019. 

The package contained four Giant South African Ground geckos (Chondrodactylus 

angulifer), as well as the following species listed in Appendix II of the Convention on 

International Trade of Endangered Species in Wild Flora and Fauna (CITES): two Black 

Girdled lizards (Cordylus niger), five African Spiny lizards (Cordylus spp), and one 

Australian Pilbara Rock monitor ( Varanuspilbaransus). According to Facebook records 

and Carrillo, the purchaser ordered the reptiles from Mexican suppliers who then 

shipped the wildlife to GUTIERREZ in Juarez, Mexico. GUTIERREZ then delivered the 

1 Alejandro Carrillo has been charged in a 13-count indictment in the Western District of Texas attached 

as Exhibit 1. Agents have interviewed Carrillo and he has admitted to his conduct, and to working with 

Gutierrez to smuggle wildlife into and out of the United States. 

Case 3:20-cr-00920-DB Document 1 Filed 02/24/20 Page 3 of 5
animals to Carrillo in Juarez. Carrillo smuggled the wildlife across the U.S. Mexico 

border and shipped them to the purchaser in Tennessee. 

GUTIERREZ's February 21.2020 Attempted Smuggling of Wildlife 

In February, 2020, USFWS agents learned from a U.S. seller of wildlife located in 

Florida, that a shipment containing five Jackson Chameleons (Jacksoniijacksonii), 

fifteen Veiled Chameleons (Chamaeleo calyptratus), 20 Green Iguanas (Iguana 

iguana), five Red Iguanas (Iguana iguana), all listed in CITES Appendix II, as well as 

ten Asian Forest Scorpions (Heterometrus Ion gimanus), was scheduled to be delivered 

to a residence in El Paso. On February 21, 2020, USFWS conducted surveillance at this 

residence and observed two individuals leave the residence in a black vehicle which was 

registered to GUTIERREZ. USFWS followed the vehicle to theYsleta Port of Entry in El 

Paso, Texas, the Western District of Texas. GUTIERREZ and the passenger attempted to 

cross the U.S.-Mexico border and were detained by U.S. Customs and Border Protection 

officers. USFWS agents arrested GUTIERREZ shortly thereafter. Subsequently, the 

agents learned from the passenger in the vehicle that he and GUTIERREZ had traveled 

from Mexico to the United States earlier that day to retrieve the above-described 

wildlife, and to smuggle the wildlife across the U.S. Mexico border. According to the 

passenger, GUTIERREZ decided not to retrieve the wildlife in El Paso due to enhanced 

law enforcement activity at the U.S. Mexico border he observed when entering the 

United States. 

Wildlife Laws 

CITES is an international agreement between governments to protect fish, 

wildlife, and plants that are, or may become, threatened with extinction by establishing 

import and export restrictions to protect these species from overexploitation through 

internationaltrade. There are approximately 183 party countries to CITES, including 

the United States and Mexico. 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. The appendices provide a sliding scale of 

protection, with Appendix I providing the highest level of protection. 

Wildlife and plant species listed in Appendix I of CITES are those currently 

threatened with extinction and that are or may be further threatened by trade. 

Appendix I species can be imported into the United States only if, prior to importation, 

the importer possess a valid CITES export document issued by the country of export, as 

well as valid corresponding CITES import documentation issued by the United States. 

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 maybe allowed in trade; however, they are strictly regulated and 

monitored. In order to export any wildlife species listed in Appendix II from the United 

Case 3:20-cr-00920-DB Document 1 Filed 02/24/20 Page 4 of 5
States to a foreign country, the regulations require that a valid "export permit," issued 

by USFWS be obtained prior to exporting any such wildlife from the United States. 

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

("ESA"), which directs the USFWS to administer the treaty. i6 U.S.C. § 1537(a), 

1540(f). USFWS has issued extensive regulations incorporating the specific permit 

requirements and provisions of CITES and listing the species contained in the CITES 

appendices. 50 C.F.R. § 23. The ESA makes it unlawful for anyone to engage in trade in 

any specimens contrary to CITES or to possess any specimens traded contrary to CITES. 

i6 U.S.C. § 1538(c)(1); 50 C.F.R § 23.13(a) and (c). "Trade," in this context, includes 

exportation from the United States. 50 C.F.R. § 23.5. 

All exportedwildilife must be declaredto the USFWS in the United States. Atrue 

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

Fish or Wildlife, must be filed at the port where clearanceis requested from the USFWS 

at or before the time of importation. i6 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, or 

by permit. 50 C.F.R. § 14.11. 

The federal wildlife protection statute known as the Lacey Act is found at Title i6, 

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. i6 U.S.C. § 3372(a)(1). 

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