This is the response I got from USFWS.
"Justyn,
Please allow me to thank you for your call and extensive research into this matter. However, after careful consideration of the situation, and consultation from my boss and the Inspections Office, we have determined that there is no irreparable malice. As I understand this is an important issue to you, let me explain the reasons that this is so.
The first issue is that neither species is protected via CITES, domestic or foreign law. Our issue of interest however is the fact that the wildlife declaration form (3-177) is incorrect. However, in non-portected species the importer is given the opportunity to correct this error. And, for your information that is exactly what Joe is doing through Omega, as I write this e-mail. Believe me that I understand the frustration created when attempting to follow every protocol, watching others circumvent the process.
Please don't misunderstand this response as our disinterest in information on wildlife smuggling. Feel free to contact me directly with any future information.
Thank you,
SA Roger A Turnell Jr.
FWS RAC/Miami
10426 NW 31st Terrace
Miami, Fl, 33172
(305) 526-2610 ex. 18"
This is my response:
Al & Joe was aware of this species beforehand through photos and made no effort to correct it during or directly after importation and clearance, they even sought to sell off the animals as quickly as possible knowing the additional legalities involved. Also, to LEGALLY export the correct species from the Congo and transport the species through Europe you need to have the correct species labeled, otherwise you are breaking there laws and if I remember it correctly the Lacey acts enforces these laws as well. I find it offensive that I make sure all my shipments are legitimate with months of work and research when these two fools play importer and bypass the laws for whatever reason, ill conceived or not. While I do not fell it is appropriate to fine these individuals, the animals are of illegal origin and should not have been cleared or distributed to the importing parties without LEGAL paperwork which includes correct representation of this species on the export papers and transit permits through Belgium.
I do believe USFWS's position on this manner has set a precedent which these unethical importers and others will continue to follow in order to obtain animals which which not acquired through legal means. There is no reason why USFWS should allow these people to operate in a grey area, and will clearly never get a handle on wildlife smuggling until the laws are enforced. I do not know why I go through such a concerted effort to obey the laws when those who do not get by with it; even when brought to the attention of those whose lawful duty it is to enforce it.
Respectfully,
Justyn
So, the animals were ILLEGALY declared at the least. They health certificate looks too difficult to go after to them right now. So, AL is a SMUGGLER, he and Joe just got away with it this time around. It is still unethical and Al and Joe should be deeply ashamed of their actions.