Phong T. Duong, Transporting and Selling Fish In Violation of Federal Law, Nebraska 2023

Lincoln Couple Sentenced for Transporting and Selling Fish In Violation of Federal Law

United States Attorney Joe Kelly announced that Phong T. Duong, age 49, and Oanh T. Pham, age 46, both of Lincoln, Nebraska, were sentenced today in federal court in Omaha, Nebraska, for violations of the federal Lacey Act.

Congress passed the Lacey Act in 1900 to prevent the interstate trade of wildlife that was poached or taken in violation of state or tribal laws. The act makes it a federal offense to traffic in wildlife, fish, and plants that have been taken, possessed, transported, or sold in violation of state or tribal law.

United States District Court Judge Robert F. Rossiter, Jr., sentenced Duong to two years’ probation for conspiring to traffic wildlife, a felony. Judge Rossiter sentenced Pham to two years’ probation for the illegal taking, transport, and selling of fish, a misdemeanor. Both were ordered to pay restitution in the amount of $16,000.

A joint investigation conducted by the U.S. Fish and Wildlife Service, Nebraska Game and Parks Commission, and Kansas Department of Wildlife, Parks and Tourism determined that Duong, and his spouse, Pham operated a business out of their Lincoln, Nebraska, residence that sold wildlife and fish to customers located in Nebraska.

At various times between May 2013 and July 2016, Duong and Pham obtained fish, typically consisting of crappie, white bass, and wiper, from the Kirwin National Wildlife Refuge, and other reservoirs, located in the State of Kansas, in violation of Kansas wildlife laws.

The investigation found that Duong and Pham would routinely change fishing locations upon the Kirwin National Wildlife Refuge, and other reservoirs, stash fish at off-site locations, and utilized “straw fishermen” including minor children and others to conceal fish taken in excess of the established possession limits.

The U.S. Fish and Wildlife Service is committed to protecting native species and their habitats for the continuing benefit of the American people. “Overfishing impacts local economies and fish populations. It also deprives law abiding citizens and others who enjoy outdoor recreation activities related to these resources,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement.

The case was investigated by the U.S. Fish and Wildlife Service, Nebraska Game and Parks Commission, and Kansas Department of Wildlife, Parks and Tourism.

Mandatory Facts:

• Defendant: Phong T. Duong
• Criminal Charges: Conspiring to traffic wildlife, a felony; illegal taking, transport, and selling of fish, a misdemeanor
• City and State: Lincoln, Nebraska
• Crime Date: May 2013 to July 2016
• Sentence: Two years’ probation and $16,000 in restitution

Source: https://www.justice.gov/usao-ne/pr/lincoln-couple-sentenced-transporting-and-selling-fish-violation-federal-law