Plea deals signed in largest game and fish prosecution in North Dakota

[MarvB]

Aug 29, 2007 - 09:42:12 CDT
By RICHARD HINTON
Bismarck Tribune

The owners and operators of Sheyenne Valley Lodge have signed plea agreements in a federal wildlife case involving migratory game bird violations, court documents show.

Theodore Mertz and Orlan Mertz made their initial court appearance Tuesday in Bismarck in a video conference hookup before U.S. Magistrate Judge Karen Klein, who was in Fargo.

Although the two men and the corporation entered not-guilty pleas in Tuesday's preliminary hearing, plea-change and sentencing proceedings will be held Nov. 9 before U.S. District Judge Daniel Hovland. The men and the corporation are presumed innocent until the change of plea, Klein said. At assistant U.S. attorney Cameron Hayden's request, the men were released on their own recognizance after Tuesday's hearing.

"I would have to say it's a far-reaching prosecution, probably the largest game and fish prosecution in the state of North Dakota on several levels," said Hayden.

The case also involves seven guides who worked at Sheyenne Valley Lodge, west of Goodrich in Sheridan County, and 94 hunters from across the United States. Federal authorities mailed ticket to the hunters, who are from 27 states including North Dakota, and have all paid their fines. Fines in the entire case total $120,000.

Theodore Mertz signed a plea agreement admitting to unlawful transportation of wildlife, a misdemeanor, and signed a plea agreement admitting to unlawful sale of wildlife as a partner of Sheyenne Valley Lodge, LLP. That count is a felony.

In the plea agreements, the government will recommend that Theodore Mertz and Orlan Mertz each be sentenced to 18 months probation and loss of hunting privileges in North America for 18 months. Together, the men and the corporation will pay an $80,000 fine. Together, they also will pay $10,000 restitution to the federal government and forfeit two shotguns to the U.S. Fish and Wildlife Service. They also have agreed to a lifetime ban on guiding or outfitting in the United States.

The felony count carries a maximum penalty of five years imprisonment, a $250,000 fine and supervised release for a maximum of three years. The misdemeanors have a maximum penalty of one year in prison, a $100,000 fine and up to a year supervised release.

"Ted Mertz accepts responsibility as far as the charges are concerned, and he regrets the situation. He has entered into a plea agreement, which we think is fair, and Ted is anxious to put this behind him and move on," said Tim Purdon, who is representing Theodore Mertz and Sheyenne Valley Lodge.

Federal and state authorities served a federal search warrant in October 2005 after numerous citizen complaints and an undercover investigation. The violations took place between October 2004 and October 2005, court records said.

Guides regularly took clients on morning and evening hunts, even if the clients had limited in the morning, the court record said. The guides also were instructed to falsify records to cover up the excess number of ducks and geese brought back to the lodge.

Guides also pitched some ducks into dump pits, where authorities found carcasses in various states of decomposition and retrieved 94 waterfowl carcasses, including shovelers, gadwalls, mallards and pintails.

Hunters paid between $1,600 and $2,000 for a three-day upland game and waterfowl hunt at Sheyenne Valley Lodge, and most clients who flew into Bismarck would leave without taking their birds.

A $60,000 fine and restitution paid by Warren W. Anderson had been the largest ever for wildlife-related crimes in North Dakota. In a plea agreement, he pleaded guilty to violating the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act for killing five hawks and for violating the Lacey Act by helping hunters transport an over-limit of pheasants out of state. All of the violations were committed in 2004.

Biggest bust in state history and they get 18 mos. probation?? Go figure...

 

[smalls]

Orlon Mertz is a dick. He actually threatened me once at the state legislative sesson.

The fact that they are not serving jail time is a joke. All that will happen is that they will get an outfitting license under someone elses name and continuing screwing the system and outdoorsman.

 

[elk_hunter]

Yeah, this is the same ol' shit...when will it change?!?!

 

[Dangerous Dave]

Geezzz... Don't understand how people can be so greedy and wasteful. Those ducks are for all of us (at least in my silly little world); not a select few with a lot of money to throw around. Gives a whole new perspective to "slob" guides, outfitters and hunters. They were all into it from the get-go.