Case Document 17 Entered on FLSD Docket 05/24/2018 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA v. I MIGUEL LOUREIRO, Defendant. PROFFER OF FACT The United States of America and the defendant, Miguel agree this matter were to proceed to trial, the United States would prove the following fact reasonable doubt: 1. Title 50, Code of Federal Regulations, Section 10.13 lists species of mig in alphabetical order. The list includes Indigo Buntings (Passerina cyanea), Blue (Passerina caerulea), Rose-breasted Grosbeaks (Pheucricus ludovicianus), Painte that that if beyond a ratory birds Grosbeaks i Buntings (Passerina ciris), White?crowned Sparrows (Zonotrichia Clay-colOred Sparrows (Spizella palida), and Grasshopper Sparrows (Ammodramus savannamm). 2. On January 31, 2016, a United States Fish and Wildlife Special Agent undercover capacity entered a private Facebook chat group called Palomero. which is Spanish for Pigeon-enthusiasts of Miami. This private chat group is dedic enjoyment of pigeons and other birds, but its members onoccasion use it for the illeg barter of migratory birds. On that date, the discovered a post by LOUREIRO a Blue Grosbeak (Pheucticus ludovicianus) for sale. The poster?s pro?le name Loureiro? and the pro?le photo showed _a photo of LOUREIRO. A buyer purchas Grosbeak from LOUREIRO for $140. Page 1 of 5 1 acting in an de Miami, ated to the gal sale and lvertising a as ?Miguel :d the Blue Page 1 of 5 Case Document 17 Entered on FLSD Docket 05/24/2018 3. During the course of the conspiracy, LOUREIRO frequently used it ttemet chat groups to offer migratory birds for sale, to sell them, and to barter them. For exairnple, in an internet?based exchange taking place between May 5, 2017 and June 6, 2017, LOUR Facebook Messenger to sell two Indigo Buntings (Passerina cyanea), one Blue (Passerina caerulea), and two Painted Buntings (Passerina Girl's) to a buyer in Cali EIRO used Grosbeak brrlia for a total price of $280. After receiving payment for the birds on June 3, 2017, LOUREIRO shipped the birds in a box with a false bottom. He hid the ?ve migratory birds in the sec ret, bottom compartment and placed a pigeon in the top compartment. To engender con?dence in his buyer, LOUREIRO sent the buyer videos and pictures of himself as he placed the migrator the hidden compartment. He then sent the buyer a photo of his postal receipt. On I the buyer acknowledged receiving the birds in California, but one of the Indig (Passerinq cyanea) had died. birds into 6, 2017, Buntings 4. On October 12, 2017, November 2, 2017, November 4, 2017, November 6, 2017, November 11, 2017, and December 1, 2017, LOUREIRO either offered for sale or com of other migratory birds using internet?based communication. 5. LOUREIRO also used internet?based chat groups to communicate wit to other people interested in the illegal trapping and trade of migratory birds. On one aleted sales 1 and boast ccasion, he ?lmed himself forcefully throwing a Loggerhead Shrike (Lanius ludovicianus) against a sturdy wooden fence twice. Loggerhead Shrikes (Lanius ludovz?cianus) are carnivorous migr atory birds, and LOUREIRO feared that the bird. was a threat to his commercial stock of captured migratory birds. He posted the videos in the internet chat group and then ?irther posted pic1 Loggerhead Shrike cruci?ed on a wooden cross with a Sign that read Por Comer Eating Birds). ?Page 2 of5 ures of rye ajaros (For Page 2 of 5 Case Document 17 Entered on FLSD Docket 05/24/2018 6. On three separate occasions, LOUREIRO sold migratory birds directly in recorded encounters. For example, on May 11, 2016, LOUREIRO sold two Indig (Passerina cyanea) to the for a total of $200. On October 25, 2017, LOUREIR Rose?breasted Grosbeaks (Pheucticus ludovicianus) to the for a total of $400. On 16, 2017, LOUREIRO sold one Rose?breasted Grosbeak (Pheucz?icus ludovicianus) to to the Buntings 0 sold two November the for $180. During the recorded transaction, LOUREIRO stated that he had captured a bunch of Blue Grosbeaks (Passerina caerulea) that year and had sold them all. He further stated th. it he took a trip to North Carolina and returned with a nest containing four Blue Grosbeak (Passerima caerulea) chicks. 7. LOUREIRO erected three bird traps in secluded, forested areas near National Park. These bird traps were constructed of wood or light wire and consist pitfall doors baited with seed and a ?bait bird? to lure wild birds into the trap. Once bird succumbs to the trap, the captured bird cannot escape. LOUREIRO suspendec traps in the tree canopies with ropes. He augmented the lure by placing electrOJ broadcasting systems powered by rechargeable batteries and solar panels near the broadcasting systems played birdcalls of the targeted species on a repeating loop. 8. seed, remove predators from the traps, and, most importantly, retrieve captured migr Hidden trail cameras captured LOUREIRO tending to one of the trap sites on a daily October 26, through November 14, 2017 and November 16, 2017. 9. On December 7, 2017, law enforcement authorities executed a searcl residence. They found thirteen deployed bird traps on his property, were augmented by electronic birdcall broadcasting systems. They found two la] Page 3 of 5 Everglades of multiple 1 migratory these bird 1ic birdcall traps. The LOUREIRO monitored the three traps on a daily basis to restock them with bird atory birds. basis from warrant at 11 of which ge aviaries Page 3 of 5 Case Document 17 Entered on FLSD Docket 05/24/2018 Page 4 of 5 stocked with migratory birds. They found ?fteen undeployed bird traps in a shed. They found four birdcages inside the house containing Blue Grosbeaks (Passerina caerulea). The found, in the kitchen of the residence, three empty bird cages as well as components for additional electronic birdcall broadcasting systems. The total number of birds discovered in the outdoor aviaries and birdtraps was ten Indigo Buntings (Passerina cyanea), twenty-nine Painted Buntings (Passerina Girl's), forty?nine Rose-breasted Grosbeaks (Pheucticus ludovicianus), thirteen Blue Grosbeaks (Passerina caerulea), seven \White?crowned Sparrows (Zonotrichia four Clay- colored Sparrows (Spizellapallida), and one Grasshopper Sparrow (Ammodramus atrlcapilla). It was intention to sell these 113 migratory birds.? 10. After receiving and waiving Miranda warnings, LOUREIRO admitted that he had trapped over 300 birds and either sold or bartered them and admitted that he knew that trapping and selling migratory birds was illegal. Page 4 of 5 Case Document 17 Entered on FLSD Docket 05/24/2018 11., LOUREIRO had assistance from an unindicted co?conspirator. assisted lending him a vehicle to access the remote trap sites, by as tend to and clear birds from the three remote trap sites, and by allowing LOUREIRC the co?conspirator?s Paypal and bank accounts to receive payment from purchasers. Date: 518911? By: Date: 2-61 i 6 By: Page 5 of 5 Page 5 of 5 his person sisting him the use of BENJAMIN G. GREENBERG UNITED STATES ATTORNEY A. RAICH A TANT UNITED STATES RNEY JM MA GON ALEZ ATTO EY DEFENDAN GU LOUREIRO DEF NDANT