Ken;
Since you are stating you are making a legal clarification; I would ask if you are an attorney and if so are you practicing in Florida, PA, or California.
If you are not an attorney; providing legal advise MAY be illegal in your state.
Respectfully, I must disagree based on the information as provided by US FISH AND WILDLIFE who is investigating this matter. CITES is a designation of the status as an abbreviation of what you have stated; However; according to the DMA, the Lacey Act, which is clearly posted here describes interstate shipping of CITES 1 species. CITES 1 is the designation; the DMA manages domestic permits based on species status; you are wrong in assuming you can ship CITES 1 species across state lines without permits according to the Lacey Act (1987).
In my post, you will find I clearly stated I was informed after receiving the snakes of their status. I have no special knowledge, imputed, or expressed that would allow me to know this detail. Clearly, as Mr. Markevich has represented he has experience with permits for his Indian pythons, and tortoises, he does have special knowledge and is in the business of selling reptiles; I am not.
He further asserted there is no need for permits repeatedly and went to extremes to convince me. CLEARLY this is intentional misprepresentation given he was given the answer before his emails to me indicating that INDEED he did need permits; go to kingsnake.com and look under python forum to view his post and answers.
To say he is mistaken or ignorant is not accurate; he was informed by myself after the fact, by others and by documents sent (LACEY ACT) that indeed he violated it. He continued misrepresentatins after recieiving this information. I will not site the statue that constitutes fraud; I am sure you can find it.
Clearly, I made it clear to him I was not willing to violate the law by shipping the snakes back after being informed they were CITES 1. Clearly it shows I did not, as he did, break the law for the sake of profit. Clearly I informed him why I could NOT ship them back without an OK by Fish and Wildlife.
I cannot comment on the extortion other than to say a criminal investigation is ongoing. However, if you contact Mitch at Diamond Reptile, Jay at Exotic Jungle, you will find Mr. Markevich contacted them regarding me with apparent intent to defame me as was the generation of this thread. Please note WHEN he started it, and how he communicated with Neil Gubitz before doing so; clearly there is an agenda here.
Here is his email stating special knowledge and misrepresenting the facts; Please read it carefully.
Subj: Re: Sri Lankan Pythons
Date: 1/31/03 5:48:10 PM Pacific Standard Time
From:
reptiles@serpentsden.com
To:
THEDIETCOKEGUY@aol.com
Sent from the Internet (Details)
Gregory,
Like you said the price was negotiated before this issue. Indian Pythons (Python m. molurus) require that the recipient and not the shipper have a captive bred wildlife permit. Sri-Lankan Pythons (Python m. pimbura) are fine to ship accross state lines. I know this cause I held a USDI Captive Bred Wildlife Permit for many years for Indian Pythons & Radiated Tortoises.
I don't think taking a few pictures of the snakes in their "Hospital Cage" are going to hurt them in any way so please send me pictures.
Insurance on the package has nothing to do with any of this. I gave you a 100% Satisfaction and Live Delivery Gaurantee and if they arrived dead I would have taken responsibility and you could have returned them for a 100% full refund including cost of shipping them back.
The only claim that can be made with the USPS is getting a refund on the cost of shipping $53.45 which I would have to do on this end.
Steve Markevich
Serpent's Den
Carbon Plaza Mall
Route 443
Lehighton, PA 18235
Tel. (570) 386-8122
E_MAIL
reptiles@serpentsden.com
WEBSITE
www.serpentsden.com
HERE YOU WILL FIND HIS LETTER SENT TO ME SHOWING HIS ACTIONS BASED ON HIS THREATS TO ME IF I WERE TO MAKE ISSUE OF THIS AND NOT SHIP THE SNAKES BACK.
Subj: Re: Steve, need to hear from you today
Date: 2/2/03 1:23:27 PM Pacific Standard Time
From:
reptiles@serpentsden.com
To:
THEDIETCOKEGUY@aol.com
Sent from the Internet (Details)
Gregory,
I been keeping records of our communications and already answered your previous e-mail and didn't get a reply with pictures that I've asked for that you said you would send me the day of delivery. I ask again SEND ME PICTURES!!!!
I've corresponded with Mitch from Diamond Reptile and Neil from Tampa Snake Pit. I asked both of them about your business transactions. This is one reply I got this come from Neil Gubitz.
Steve.... I only have WebTV, and I can't read "word" attachments, they
have to be jpegs.... but, it doesn't matter.... Gregory Bowman IS FULL
OF ****!!.... He bought a light-phase burm from me that was in perfect
shape.... he gets it in, and immediately starts telling me the snake
wasn't a light phase because it darkened right up when he took it out
(bull****!), then, he tells me that the snake has a URI and he was
taking it to the vet.... I told him to just send the snake back and I
would refund his $200 he paid for it (it was 6' long).... he tells me he
doesn't want to stress the snake out by shipping it back, I let it
go.... then I get an email later on saying that he wants me to pay him
$1000!!!! to pay for the vet and the useless $60 snake (it was a normal
burm, remember.... his words).... I ask him to send me pictures of the
snake??.... The next thing I get was a PAYPAL SUMMONS that they were
made aware of this possible FRAUD and my case was under
investigation??.... About a month after that, PayPal tells me that they
don't get involved when it's only over what someone EXPECTED!!.... I
never spoke or emailed paypal in that whole month.... I laughed my ass
off!!.... Then I get a letter from his lawyer about a couple of weeks
ago saying basically the same thing about the $1000.... yeah,
right!!.... Screw that idiot!.... He ain't getting a DIME out of
me!!....
How's that???
....Neil %>))
Apparently people are selling you perfectly healthly animals and you are trying to make false claims.
Steve Markevich
Serpent's Den
Carbon Plaza Mall
Route 443
Lehighton, PA 18235
Tel. (570) 386-8122
E_MAIL
reptiles@serpentsden.com
WEBSITE
www.serpentsden.com
I cannot comment on the criminal part of this issue but I am confident you will see that when someone tells you to keep your mouth shut or else, ship the snakes back, don't tell the Post Office, and knowingly misrepresents factual information that has been provided to him with the intent to cause another to commit a crime that is inticement with conspiracy to commit; a felony.
With regard to GUBITZ; he agreed not to ship the snake after I told him it was unethical to do so knowingly. Animal cruelty laws do prohibit intentional harm by neglegence or intentional conduct in an act that harms or kills an animal in your posession. He did violate these laws by admitting his knowledge of risk to the snake. By shipping a sick snake knowingly understanding it will harm or kill it; this is a criminal act. Please refer to your local SPCA for information on animal cruelty statutes in your state.
Regarding your other comments; I will refrain from answering for it serves no purpose other than speculation and your assertions have no basis in law. Rather, they are supposition. I will not argue it; that belongs in the courts.
Gregory Bowman