Illegal Trafficking Under The Lacey Act
This article explains what the Lacey Act prohibits, how federal prosecutors build trafficking cases, the penalties involved, and what steps a defense attorney can take to protect your rights at every stage. Understanding these issues helps you avoid missteps and make informed decisions about your defense strategy.
Because these investigations are often handled by agencies like the U.S. Fish & Wildlife Service, Homeland Security Investigations, and Customs and Border Protection, cases regularly involve complex evidence, international shipping, and multi-state commerce. Attorney Josh Kolsrud, a former federal prosecutor, has handled these matters from both sides of the courtroom, giving clients a meaningful advantage when facing federal authorities.
This article discusses the following:
- What Is the Lacey Act and How Does It Apply to Illegal Trafficking
- Common Examples of Lacey Act Violations
- Federal Penalties for Illegal Trafficking Under the Lacey Act
- How Federal Prosecutors Build a Lacey Act Case
- Defense Strategies Used in Lacey Act Investigations
- FAQs About Lacey Act Charges
- How Kolsrud Law Offices Can Help
Attorney Josh Kolsrud brings years of federal experience to every case, including more than five years at the United States Attorney’s Office handling environmental crimes, trafficking offenses, and complex federal investigations. His background allows Kolsrud Law Offices to quickly assess the government’s evidence, intervene early when possible, and build a strategic defense designed to protect clients from severe federal penalties.
What Is the Lacey Act and How Does It Apply to Illegal Trafficking?
The Lacey Act, first enacted in 1900 and expanded several times since, is a federal law that prohibits the trade, sale, transport, import, export, or possession of wildlife, plants, fish, or timber taken in violation of any U.S. federal, state, tribal, or foreign law. This broad reach makes it one of the most far-reaching environmental statutes in the country.
Many people are charged even though they never personally captured wildlife or harvested plants. Because the Lacey Act focuses on the origin and documentation of a product, someone who buys, imports, or sells items taken unlawfully by others can still face federal prosecution.
Illegal trafficking charges typically stem from claims that a person knowingly transported prohibited goods or engaged in commercial activity involving unlawfully taken wildlife or plants. Importantly, “knowing” does not always require actual knowledge. In some sections, the government may charge someone for conduct they should have known was unlawful based on the circumstances.
Cases often center on complicated questions involving state regulations, foreign permitting systems, international shipping codes, and scientific species identification. With a deep background in federal prosecution, Josh Kolsrud understands these complexities and how the government interprets them.
Common Examples of Lacey Act Violations
Every case is unique, but several types of conduct frequently lead to charges:
Selling wildlife or plants taken illegally
This includes trophy animals, exotic birds or reptiles, protected fish, or timber collected without a proper permit. Even if unlawful harvesting occurred overseas, U.S. law still applies.
Importing goods with incorrect documentation
Customs clearance does not guarantee legality. Importers must file an accurate declaration identifying species and origin. Errors — even innocent ones — may trigger a federal investigation.
Interstate transport of illegally obtained items
A state-level violation becomes a federal offense once goods cross state lines.
Mislabeling cargo or products
This includes identifying timber as a cheaper species, misidentifying fish origins, or falsifying harvest locations.
Purchasing goods taken unlawfully
Businesses can be charged for failing to investigate unusually low prices, suspicious harvest methods, or inconsistent supply-chain documentation.
Real-World Arizona Example:
A Phoenix flooring importer buys rare hardwood from a foreign supplier. The supplier harvested the wood from a protected region without proper permits. If the importer fails to verify documentation or files an inaccurate declaration, the importer may face federal trafficking charges under the Lacey Act.
Another Example:
A recreational fishing guide on the Colorado River unknowingly enters a restricted zone during spawning season. Transporting the catch across state lines could subject both the guide and clients to a federal investigation.
Federal Penalties for Illegal Trafficking Under the Lacey Act
Penalties vary depending on whether the government charges a felony or misdemeanor. Felonies typically involve knowing violations, false records, or deliberate mislabeling. Misdemeanors require only that the person “should have known.”
Penalties may include:
- Federal prison sentences
- Criminal fines
- Civil penalties
- Forfeiture of inventory, equipment, and goods
- Loss of business permits or import/export privileges
- Probation or supervised release
- Permanent federal record affecting professional licensing
Because Josh Kolsrud spent over five years working as a federal prosecutor, he understands how the Department of Justice evaluates these cases, what aggravating factors matter most, and which arguments are effective in reducing charges or penalties
Penalty Table for Lacey Act Trafficking Offenses
| Offense Type | Penalty Range | Legal Authority |
| Felony Trafficking (knowing violation, false records) | Up to 5 years in federal prison; fines up to $250,000 for individuals or $500,000 for organizations | 16 U.S.C. § 3373(d)(1) |
| Misdemeanor Trafficking (knew or should have known) | Up to 1 year in prison; fines up to $100,000 for individuals or $200,000 for organizations | 16 U.S.C. § 3373(d)(2) |
| Civil Penalties | Seizure, forfeiture, and monetary fines even without criminal conviction | 16 U.S.C. § 3374 |
| False Labeling Violations | Up to 5 years in prison and additional fines | 16 U.S.C. § 3373(d)(3) |
Contact us today to schedule a
FREE CONSULTATION and learn
how we can help you.
How Federal Prosecutors Build a Lacey Act Case
Federal agencies often investigate for months before approaching a suspect. These investigations are thorough and document-heavy.
Common investigative steps include:
Reviewing import/export and shipping records
Agents compare customs filings, invoices, bills of lading, and declarations for inconsistencies.
Conducting undercover operations
Officers may pose as buyers or sellers to document illegal trade.
Interviewing foreign and domestic suppliers
Suppliers may reveal information about unlawful harvesting or improper permitting.
Laboratory testing
Timber, plants, and wildlife can be analyzed using DNA testing or microscopic species identification.
Financial tracing
Bank records, digital payment systems, and internal business bookkeeping may be analyzed for suspicious transactions.
Early intervention can reduce the risk of indictment. Kolsrud Law Offices can get involved on a pre-charge basis with federal investigators to correct misunderstandings and prevent escalation.
Defense Strategies Used in Lacey Act Investigations
A strong defense requires understanding both federal evidentiary rules and the scientific, commercial, and regulatory systems involved in the wildlife or timber trade.
1. Challenging intent or knowledge
Felony charges require proof of actual knowledge. If awareness cannot be proven, prosecutors may downgrade or dismiss charges.
2. Attacking ambiguous or invalid underlying laws
Because the Lacey Act relies on foreign and state laws, unclear or improperly interpreted rules can undermine the government’s case.
3. Species identification errors
Mistaken labeling or scientific uncertainty can provide a strong defense.
4. Illegal searches or seizures
If investigators violated the Fourth Amendment, key evidence may be excluded.
5. Supply-chain due diligence
Businesses often rely on supplier documentation. Demonstrating reasonable reliance can significantly weaken trafficking allegations.
Josh Kolsrud’s experience with federal environmental and wildlife prosecutions equips him to challenge the government’s theory from multiple angles.
FAQs About Lacey Act Charges
Can I be charged if I didn’t know the goods were illegal?
Yes. Misdemeanor liability applies if you should have known based on the circumstances.
Can the government seize my goods or equipment?
Yes. Forfeiture is common and may occur even without a criminal conviction.
Are paperwork mistakes really prosecuted?
Yes. Many Lacey Act charges stem from inaccurate declarations or clerical errors.
What if the exporter made the mistake?
U.S. law still places responsibility on the importer to verify lawful origin.
Should I talk to investigators?
Not without counsel. Anything you say may be used to support a federal case. Kolsrud Law Offices can intervene on your behalf.
How Kolsrud Law Offices Can Help
Facing an investigation or charge under the Lacey Act can be extremely stressful. Federal agents and prosecutors treat these cases with a great deal of urgency, and the consequences can affect nearly every part of your life — from your freedom to your finances and your ability to run your business. At Kolsrud Law Offices, we understand the pressure you’re under, and we are here to stand between you and the full weight of the federal government. Our team is ready to protect your rights, challenge the government’s assumptions, and fight for the best possible outcome in your case.
Attorney Josh Kolsrud brings more than a decade of federal prosecution experience to every case, including specialized work on environmental, customs, and trafficking investigations. His ability to evaluate evidence the way a federal prosecutor would allows him to build precise, effective legal strategies that protect your rights from the start.
Clients at Kolsrud Law Offices receive attentive, personalized representation. Whether you are under investigation, received a target letter, or are already charged, the firm can step in immediately to challenge the government's assumptions, negotiate reductions, or prepare a strong defense for trial.
For immediate help, call (480) 999-9444 or contact Kolsrud Law Offices through the online form to schedule a confidential consultation.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
Get a Free Initial Consultation:
Complete our form below to get a free case review.
or call us at (480) 999-9444.