textfiles/law/crimeftr.017

                         National Parks and Forests
                              U.S. and Canada

                             National Forests

Ann Minden, Special Agent, Okanogan National Forests, provided a copy of
the law as it pertains to National Forests. Ann mentioned she was just
finishing a press release to advertise they now offer a reward up to $5,000
for information leading to the conviction of vandals who destroy National
Forest property. She also said they offered a reward of $500 for
information on the theft of two government horses. (They got the horses
back, and a conviction, but the tipster declined the reward.)

It appears that individual Parks and Forests have the authority to offer
rewards, but many do not. Perhaps that's because Park Rangers don't know
they can, or they have few problems and no need for advertising rewards for
information on lawbreakers in their territory. That doesn't mean rewards
are not available!

U.S. Department of Agriculture -- Forest Service

Title 36 Code of Federal Regulations, Part 262 - Law Enforcement Support
Activities 262.1 Rewards in connection with fires or property prosecutions

(a) Hereafter, provided Congress shall make the necessary appropriation or
authorize the payment thereof, the Department of Agriculture will pay the
following rewards.

(1) Not exceeding $5,000 for information leading to the arrest and
conviction of any person on the charge of willfully or maliciously setting
on fire, any timber, underbrush, or grass upon the lands of the United
States within the National Forest System or nearby.

(2) Not exceeding $1,000 for information leading to the arrest and
conviction of any person on the charge of having kindled or caused to be
kindled a fire on the lands of the United States within the National Forest
System or nearby, and leaving said fire which escapes before the same has
been totally extinguished.

(3) Not exceeding $5,000 for information leading to the arrest and
conviction of any person charged with destroying or stealing any property
of the United States; and

(b) A reward may be paid to the person or persons giving the information
leading to such arrest and conviction upon presentation to the Department
of Agriculture of satisfactory evidence thereof, subject to the necessary
appropriation as aforesaid, or otherwise as may be provided.

(c) Officers and employees of the Department of Agriculture are barred from
receiving such rewards.

(d) The Department of Agriculture reserves the right to refuse payments of
any claim for rewards when, in its opinion, collusion or improper methods
have been used to secure arrest and conviction. The Department also
reserves the right to allow only one reward where several persons have been
convicted of several offenses, unless the circumstances entitle the person
to a reward on each conviction.

(e) Application for reward should be forwarded to the Regional Forester,
Research Director, or Area Director who has responsibility for the land or
property involved in the trespass. However, no application will be
considered unless presented to a responsible Forest Service officer within
three months from the date of conviction of an offender. In order that all
claimants for rewards may have an opportunity to present their claims
within the prescribed limit, the Department will not take action with
respect to rewards for three months from the date of the conviction of an
offender."
                                * * * * * *

Comment: re (c) above. Active-duty police officers vacationing in National
Forests seem to be eligible for rewards from the Department of Agriculture.

                                * * * * * *

262.2 Purchase of information in furtherance of investigations.

Approval of payments. Payments for purchase of information to further
investigations of felonies and misdemeanors related to Forest Service
administration are authorized for each transaction as follows:

(1) Criminal investigators in the GS-1811 series and such other personnel
as the Chief of the Forest Service or a Regional Forester may designate,
and without prior approval, pay up to but not exceeding $200 for the
purchase of information under this section.

(2) For payments of amounts over $200 but not exceeding $500, advance
approval of the Forest Supervisor is required.

(3) For payments of amounts over $500 but not exceeding $2,500, advance
approval of the Regional Forester is required.

(4) For payments of amounts over $2,500, advance approval of the Chief of
the Forest Service is required.

(5) For purchase of information to further investigations within a Regional
Office, Forest and Range Experiment Station, State and Private Forestry
Area Office, or the National Office, payments in excess of $200 must be
approved in advance by the Chief of the Forest Service or by such other
personnel as the Chief may designate.

(b) Limitations. Purchase of information under this section is restricted
to furthering investigations of felony and misdemeanor violations. Payment
for information to further investigations of petty offenses as classified
in Title 18 USCS 1, are not authorized under this section."

                                * * * * * *

Comment: The above section authorizes payment for information on felonies
and misdemeanors. The following section is almost identical in wording but
the amounts have been doubled for the purchase of evidence of same, perhaps
a videotape of the crime in action.

262.3 Purchase of evidence in furtherance of investigations.

(1) Criminal investigators in the GS-1811 series and such other personnel
as the Chief of the Forest Service or a Regional Forester may designate,
and, without prior approval, pay up to but not exceeding $400 for the
purchase of evidence under this section.

(2) For payments of amounts over $400 but not exceeding $1,000, advance
approval of the Forest Supervisor is required.

(3) For payments of amounts over $1,000 but not exceeding $5,000, advance
approval of the Regional Forester is required.

(4) For payments of amounts over $5,000, advance approval of the Chief of
the Forest Service is required.

(5) For purchase of evidence to further investigations within a Regional
Office, Forest and Range Experiment Station, State and Private Forestry
Area Office, or the National Office, payments in excess of $400 must be
approved in advance by the Chief of the Forest Service or by such other
personnel as the Chief may designate.

(b) Limitations. Purchase of evidence under this section is restricted to
furthering investigations of felony and misdemeanor violations. Payment for
evidence to further investigations of petty offenses as classified in Title
18 USCS 1, are not authorized under this section."

                              National Parks

National Park laws are under the Department of the Interior, which is found
in Title 16 - Conservation.  USCS 7421 (k) provides rewards for information
or evidence leading to the arrest of violators, and includes reimbursement
of undercover operations as well.

Title 16 USCS 742(L) (k) Law enforcement operations.

"With respect to any undercover or other enforcement operation which is
necessary for the detection and prosecution of violations of any laws
administered by the United States Fish and Wildlife Service or the National
Marine Fisheries Service relating to fish, wildlife, or plants, the
Secretary of the Interior or the Secretary of Commerce may, notwithstanding
any other provision of law -

1) direct the advance of funds which may be deposited in commercial banks
or other financial institutions;

(2) use appropriations for payment for information, rewards, or evidence
concerning violations, without reference to any rewards to which such
persons may be otherwise be entitled by law, and any moneys subsequently
recovered shall be reimbursed to the current appropriation; and

(3) use appropriations to establish or acquire proprietary corporations or
business entities as part of an undercover operation, operate such
corporations or business entities on a commercial basis, lease space and
make other necessary expenditures, and use the proceeds from such
undercover operations to offset necessary and reasonable expenses incurred
in such operations:

Provided, That at the conclusion of each such operation the proceeds shall
be deposited in the Treasury of the United States as miscellaneous
receipts."
                                * * * * * *

Comment: There are no specific amounts established for rewards or payment
for evidence. That means it's negotiable. Use the amounts mentioned below
as guidelines for National Parks' fish and wildlife rewards. Campground
violations are considered petty offenses, but theft of valuable items,
especially guns, are usually considered felonies. Report violations, but
don't expect rewards except for serious misdemeanors or felonies. In the
latter situation, apply for rewards from WE-TIP or other appropriate State
or Federal laws found elsewhere in this book.

Note: National Parks law (2) above may pay a reward in addition to any
other reward(s) paid under other laws, such as USCS 3059 and 886.

State Parks and related campground laws (and rewards) are not included in
this book because they usually vary from State to State. If readers know of
any such reward laws are available from your State Parks, please forward
the information to us for inclusion in the next version of CRIMFTR.

                         Archaeological Resources

Most State and Federal Parks, National Forests and Wildlife Refuges have
prohibitions against excavations and removing archaeological treasures.

                       Title 16 USCS, section 470ee

"Prohibited acts and criminal penalties.

No person may excavate, remove, damage, or otherwise alter or deface, or
attempt to excavate, remove or otherwise alter or deface any archaeological
resource located on public lands or Indian lands unless such activity is
pursuant to a permit issued under section 470cc, a permit referred to in
section (h)(2), or the exemption contained in 470cc (g)(1).

(b) No person may sell, purchase, exchange, transport, receive, or offer to
sell, purchase, or exchange any archaeological resource if such resource
was excavated or removed from public lands or Indian lands in violation of
-
(1) the prohibition contained in subsection (a), or

(2) any provision, rule, regulation, ordinance or permit in effect under
any other provision of Federal law.

(c) No person may sell, purchase, exchange, transport, receive, or offer to
sell, purchase, or exchange in interstate or foreign commerce, any
archaeological resource excavated, removed, sold, purchased, exchanged,
transported, or received in violation of any provision, rule, regulation,
ordinance, or permit in effect under State or local law.

(d) Any person who knowingly violates, or counsels, procures, solicits, or
employs any other person to violate, any prohibition contained in
subsection (a), (b), or (c) of this section shall, upon conviction, be
fined not more than $10,000 or imprisoned not more than one year, or both:
Provided, however, That if the commercial or archaeological value of the
archaeological resource exceeds the sum of $5,000, such person shall be
fined not more than $20,000 or imprisoned not more than two years, or both.
In the case of a second or subsequent such violation upon conviction such
person shall be fined not more than $100,000, or imprisoned not more than
five years, or both.

(e) The prohibitions contained in this section shall take effect on the
date of enactment of this Act. (enacted Oct 31, 1979, and amended on Nov 3,
1988)

(f) Nothing in subsection (b)(1) of this section shall be deemed applicable
to any person with respect to an archaeological resource which was in
lawful possession of such person prior to the date of enactment of this
Act.

(g) Nothing in subsection (d) of this section shall be deemed to be
applicable to any person with respect to the removal of arrowheads located
on the surface of the ground.

Section 470ff Civil penalties

(a)(1) Any person who violates any prohibition contained in an applicable
regulation or permit issued under this Act may be assessed a civil penalty
by the Federal land manager concerned. No penalty may be assessed under
this subsection unless such person is given notice and opportunity for a
hearing with respect to such violation. Each violation shall be a separate
offense. Any such civil penalty may be remitted or mitigated by the Federal
land manager concerned.

(2) The amount of such penalty shall be determined under regulations
promulgated pursuant to this section taking into account, in addition to
other factors-

(a) the archaeological or commercial value of the archaeological resource
involved, and

(b) the cost of restoration and repair of the resources and the
archaeological site involved.

Such regulations shall provide that, in case of a second or subsequent
violation by any person, the amount of such civil penalty may be double the
amount which would have been assessed if such violation were the first
violation by such person. The amount of any penalty assessed under this
subsection for any violation shall not exceed an amount equal to double the
cost of restoration and repair of resources and archaeological sites
damaged and double the amount the fair market value of resources destroyed
or not recovered.

(3) No penalty shall be assessed under this section for the removal of
arrowheads located on the surface of the ground.

(b)(1) Any person aggrieved by an order assessing a civil penalty under
subsection (a) may file a petition for judicial review of such order with
the United States District Court for the District of Columbia or for any
other district in which such a person resides or transacts business. Such a
petition may only be filed within the 30-day period beginning on the date
the order making such assessment was issued. The court shall hear such
action on the record made before the Federal land manager and shall sustain
his action if it is supported by substantial evidence on the record
considered as a whole.

(2) If any person fails to pay an assessment of a civil penalty -

(a) after the order making the assessment has become a final order and such
person has not filed a petition for judicial review of the order in
accordance with paragraph (1), or

(b) after a court in an action brought under paragraph (1) has entered a
final judgment upholding the assessment of a civil penalty, the Federal
land managers may request the Attorney General to institute a civil action
in a district court of the United States for any district in which such
person is found, resides or transacts business to collect the penalty and
such court shall have jurisdiction to hear and decide any such action. In
such action, the validity and amount of such penalty shall not be subject
to review.

(c) Hearings held during proceedings for the assessment of civil penalties
authorized by subsection (a) shall be conducted in accordance with section
554 of title 5 of the United States Code. The Federal land manager may
issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books and documents, and administer oaths.
Witnesses summoned shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States. In case of contumacy or
refusal to obey a subpoena served upon any person pursuant to this
paragraph, the district court of the United States for any district in
which such person is found or resides or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony before the Federal land manager or to appear and produce
documents before the Federal land manager, or both, and any failure to obey
such an order may be punished by such court as a contempt thereof.

(a) Rewards

Upon the certification of the Federal Land Manager concerned, the Secretary
of the Treasury is directed to pay from penalties and fines collected under
sections 470ee and 470ff of this title an amount equal to one-half of such
penalty but not to exceed $500, to any person who furnishes information
which leads to the finding of civil violations or the conviction of
criminal violation with respect to which such penalty or fine was paid. If
several persons provided such information, such amount shall be divided
among such persons. No officer or employee of the United States or of any
State or local government who furnishes information or renders service in
the performance of his official duties shall be eligible for payment under
this subsection.

Forfeitures

All archaeological resources with respect to which a violation of
subsection (a), (b), or (c) of section 470ee of this title occurred and
which are in the possession of any person, and all vehicles and equipment
of any person which were used in connection with such violation, may be (in
the discretion of the court or administrative law judge, as the case may
be) subject to forfeiture to the United States upon -

(1) such person's conviction of such violation under section 470ee of this
title.

(2) assessment of a civil penalty against such person under section 470ff
of this title with respect to such violation, or

(3) a determination by any court that such archaeological resources,
vehicles, or equipment were involved in such violation.

(c) Disposition of penalties collected and items forfeited in cases
involving archaeological resources excavated or removed from Indian lands.

In cases in which a violation of the prohibition contained in subsection
(a), (b), or (c) of section 470ee of this title involve archaeological
resources excavated or removed from Indian lands, the Federal land manager
or the court, as the case may be, shall provide for the payment to the
Indian tribe involved of all penalties collected pursuant to section 470ff
of this title and for the transfer to such Indians or Indian tribe of all
items forfeited under this section.

(c) Disposition of penalties collected and items forfeited in cases
involving archaeological resources excavated or removed from Indian lands.

In cases which a violation of the prohibition contained in sub-section (a),
(b), and (c) of section 470ee of this title involve archaeological
resources excavated or removed from Indian lands, the Federal land manager
or the court, as the case may be, shall provide for the payment to the
Indian tribe involved of all penalties collected pursuant to section 470ff
of this title and for the transfer to such Indian or Indian or Indian tribe
of all items forfeited under this section."

                                * * * * * *

As you can see, National Forest rewards are very small in comparison to
other federal agencies. As prosecutor you have a choice of which law to use
to punish lawbreakers. Use RICO when you can to up the ante to 50% of fines
and forfeitures. Also use personal lawsuits to collect $1,000 to $10,000 to
tie up the assets used in the violation and subject to forfeiture.

                                * * * * * *

(If you're not a Canadian, or don't expect to visit Canadian wilderness
areas, use F9 to jump to the next chapter.)

                         * * *  C A N A D A  * * *

Canadian laws, like Canadians, are far more conservative than their
American counterparts. The Department of Justice, Canada, advised me that:

"According to the information currently available, the former Customs Act
was the last federal statute to include an informant revenue procedure,
which involved giving an informant 10% of the value of the property seized.
In recent years, the value of goods such as prohibited weapons, drugs and
pornography became more difficult to estimate or establish. An analysis by
Treasury Board of the informant revenue procedure revealed that it was an
unnecessary operational expense of doing business. Thus, since the 1988
amendments, the Customs Act no longer provides for payment to informants,
although administrative procedures for informant compensation exist,
sanctioned by as part of operating policies under the Act. Such procedures,
however, are classified as "secure" and are not made known to the public."

                                * * * * * *

I'll refrain from disparaging the Canadian (Federal) government's "official
policy" except to say that a reward law paying only 10% and kept under
wraps has no virtually no chance to be successful.

Many Provincial laws, particularly those relating to their wildlife, do
offer rewards. If you're a Canadian or travelling in the beautiful Canadian
Provinces, here's a few of them to remember.

                         B.C. Wildlife Federation

The British Columbia Wildlife Federation has a Wilderness Watch program
which is privately funded. They also have their own reward fund. They pay
up to $2,000 for information leading to arrest and conviction of any
individual.

Other Provinces also have similar rewards programs -- Saskatchewan and
Manitoba have TIPS (Turn in Poachers). Alberta has a government funded
rewards program. You may contact the Alberta Fish and Game for more
information at (403) 437-2342.

The B.C. Provincial government has ORR (Observe Record and Report), which
is the vehicle for the B.C. Wildlife Federation's program. Call 604) 533-
2293 or Fax (604) 533-1592.

For more information from this worthy group, write to Charles Cornfield,
Senior Executive Assistant, B.C. Wildlife Federation, 102 - 6070 - 200th
Street, Langley, B.C. Canada V3A 1N4

Note: Crime Stoppers and WE-TIP are also active in Canada.

                                * * * * * *

Comments to Canadian conservationists: Instead of waiting for the
government to rise to the occasion, or be pressured into doing something
about the problem, Canadians can become CrimeFighters too, perhaps make
citizens arrests when necessary, and follow the examples in this book.

Qui Tam law originated in England and was imported to the United States.
I'm sure it's essentially the same and available in Canada. If so, Qui Tam
law may be used by anyone who has a financial stake in the successful
prosecution of an offender. The rewards available provide the necessary
financial consideration.

The B.C. Wildlife Federation could, for example, recruit a lawyer who would
represent any such member in court to prosecute lawbreakers. Contingency
fee arrangements are permissible in British Columbia in civil cases.

West Coast Environmental Law Association (1001-207 West Hastings Street,
Vancouver,B.C. V6B 1H7, (604) 684-7378 FAX (604) 684-1312) is a non-profit
society which provides legal assistance to those who wish to litigate
environmental matters. The association has three staff lawyers, and also
administers an Environmental Dispute Resolution Fund which makes available
funds for persons who wish to hire lawyers to litigate environmental
issues, both civilly and criminally.

The most noteworthy Canadian law in this respect is the Penalties and
Forfeitures Proceeds Regulations C.R.C. 1978. Chapter 827 to the Canada
Fisheries Act, which provides that informants and complainants who assist
in gaining a conviction under the fisheries Act are entitled to one-half of
the proceeds of the fine. This regulation is quite important, since the
Canada Fisheries Act is one of Canada's chief anti-pollution statutes.

The former Chief enforcement compliance officer for Environment Canada
(Linda Duncan at this writing) has recommended this provision be extended
to all federal pollution statutes.

Maybe there's some hope the Canadian Federal Government may eventually get
around to offering its citizens some incentives like the dozens of American
laws -- before it's too late.

                               Fisheries Act

              Penalties and Forfeitures Proceeds Regulations
                            c.r.c. 1978. C. 827

1. Short title.

2. Interpretation. "Act" means the Fisheries Act.

3. General. Where, under the Act

 (a) a penalty is imposed or an article is confiscated, or

 (b) a penalty is imposed and an article is confiscated following an
information or a complaint laid by an employee of a provincial government,
and

 (c) all expenses incurred (i) in the prosecution that resulted in the
imposition of the penalty, or the confiscation of the article or both, and
(ii) in connection with the custody and disposal of any confiscated article
that is not collected from the persons prosecuted are paid by the
provincial government. The proceeds of the penalty or of the sale of the
confiscated article or both shall be paid to the provincial government.

  4. Where under the Act

 (a) a penalty is imposed or an article is confiscated, or

 (b) a penalty is imposed and an article is confiscated following an
information or a complaint laid by an fishery officer or a fishery guardian
employed by the Department of the Environment, the proceeds of the penalty
or the sale of the confiscated article or both shall be paid to the
minister of environment.

5. Where, under the Act

(a) a penalty is imposed or an article confiscated, or

(b) a penalty is imposed and an article is confiscated following an
information or complaint laid by a person who is not an employee of the
provincial government or a fishery officer or a fishery guardian of the
Department of the Environment.

(c) One half of the proceeds of (i) the penalty, together with any costs
taxed to that person in respect thereof (ii) the sale of the confiscated
article, less any expenses incurred in connection with the custody and sale
thereof, or (iii) both the amounts described in subparagraphs (i) and (ii)
shall be paid to that person, and

(d) one half of the proceeds of (i) the penalty (ii) the sale of
confiscated article, or (iii) both the amounts described in subparagraphs
(i) and (ii) shall be paid to the Minister of the Environment."

                                * * * * * *

Comments: paragraphs 3, 4 and 5 seems to be repetitious and confusing but
it's for three different "people."

(3) applies to a provincial employee when a provincial government
prosecution is made. When the persons convicted can't pay (or doesn't pay)
all the expenses involved in the prosecution, they are to be paid by the
provincial government and reimbursement is made (as much as possible) by
the fine paid and the proceeds of the sale of confiscated items to the
provincial government as full or partial reimbursement.

(4) applies when the reporting and complaint is made by a federal employee,
all expenses are borne by the Federal government and all proceeds (if any)
are paid to the government as full or partial reimbursement.

(5) applies to anyone who is not a government employee (CrimeFighters, for
example). In addition to one-half of the proceeds from fines and
forfeitures (if any) the tipster is also awarded (reimbursed) legal and
other costs involved and paid by the defendant ("taxed" to that person).
This means that Qui Tam law might be used. The costs of prosecution and all
other costs involved would be awarded to the person or firm doing the
successful prosecution (B.C. Wildlife Federation, for example). A Canadian
CrimeFighter's company could submit an invoice from $1,000 to $10,000,
depending on the time and actual expenses, for "investigative costs" in
addition to other rewards.

Let the Federal government prosecute if they are willing to do so. If they
are reluctant to prosecute or pay rewards, use Qui Tam law to lay charges
and prosecute via criminal procedure and also initiate a civil suit. Use
plea bargaining as leverage to settle the civil suit to your satisfaction
(in lieu of rewards). When in doubt, check it out with the West Coast
Environmental Law Association.

(Canadian feedback requested, to update/add to Canadian laws in the book.)

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