Nenana man convicted of falsely identifying, selling salmon
by Tim Mowry / tmowry@newsminer.com
Jan 27, 2012 | 5459 views | 35 35 comments | 7 7 recommendations | email to a friend | print
FAIRBANKS — A Nenana man has been convicted of selling smoked chum salmon strips as king salmon strips, a violation of the Lacey Act.

A jury convicted Willis Scott Maxon, 52, on Friday following a three-day trail in U.S. District Court in Fairbanks. He was convicted of two counts of felony violations of the Lacey Act for falsely identifying Alaskan smoke salmon strips that were being sold in interstate commerce.

Maxon was indicted by a federal grand jury on Feb. 24, 2011, as the result of a joint federal and state investigation into the causes of declining king salmon runs in the Yukon River in recent years.

According to a news release from the U.S. attorney’s office, evidence presented at the trial showed that Maxon sold thousands of pounds of chum salmon strips labeled as king salmon strips to buyers in the Lower 48 and at Alaska Native gatherings such as the Alaska Federation of Natives convention and the World Eskimo and Indian Olympics.

King salmon strips generally sell for two to three times the price of chum strips, Assistant U.S. Attorney Stephen Cooper told the jury during the trial.

According to Friday’s news release, Maxon was found to be in possession of about 400 pounds of recently caught chum and coho salmon in October 2010 without any documentation of the origin of the fish. Maxon advertised the fish as Yukon River or Copper River king salmon. The fish was subjected to DNA testing and found to be exclusively chum salmon.

Maxon, who could not be reached for comment for this story, also sold and shipped 100 pounds of what he advertised to be Yukon River smoke salmon strips to an undercover U.S. Fish and Wildlife Service agent in Arizona. DNA testing showed that fish also was chum salmon.

Evidence showed that Maxon stated he regularly sold and shipped thousands of pounds of king salmon strips to out-of-state locations. In a four-year period from 2007 to 2010, evidence showed Maxon purchased more than 16,000 pounds of raw chum. The value of raw king salmon is five times that of raw chum salmon, according to prosecutors.

According to federal customary and traditional trade regulations, subsistence fishermen are allowed to sell salmon strips as long as it does not constitute a “significant commercial enterprise,” though the regulations do not define what a significant commercial enterprise is.

Maxon faces a maximum total sentence of five years in prison, a fine of $250,000 or both. Cooper, who prosecuted the case, said it’s too early to say what kind of sentence he will recommend for Maxon.

Sentencing is scheduled for April 6 in Fairbanks.

Contact staff writer Tim Mowry at 459-7587.
Comments
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Fishingdamoose
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January 28, 2012
Sorry to disappoint. I was not the lead juror, and have nevered worked at footlocker. Never met him, his wife or daughter. Just a person called to jury duty. All twelve jurors were asked by the court clerk if they said guilty on both charges, I said yes, just like the other eleven.

Alaskaman55 you might be correct that we didn't get all the fact. But sitting on a jury you have to make a decision on what is presented in court, if not all facts are presented, don't blame the jury. The jury can not ask to see the parts of recording and video not shown in court, so if they have been edited, the defense should have played the unedited recordings and video.
Yukonjohn
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January 28, 2012
I would hope that if anyone knows of ANY wrongdoing in this or any other case report it to the troopers immediately. If I were convicted with an improperly seated jury, I would be mad as hell!! It sounds like, from just reading here, that something could be wrong about this trial.
alaskaman55
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January 28, 2012
I am not sure that fishingdamoose has all the facts I know the case and fine that the defense attorney did not do his job or you would have had different view on the case. You were only shown parts of the videos and audio tapes you were not told that they had to remove a shipping label that was covering the name on the box so they could read the old name on the box that said king. The chums were in the box and the bill was charge for chums not king. All the fish was bought legal and made into strip by his wife not him she box the fish and he is guilty of taking the box to the post office and sending it. The problem you have as the jury member is you did not tell the judge that you know the defendant and his family you worked with his son at footlocker seems like a good case for a mistrial to me ,what do you think? Maybe you would let us all know how you became head Juror on this case and what your problem is with this man or his family, maybe his son. Now who is Guilty on all charges?
applefan
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January 29, 2012
Apparently everyone knows the case better than the jury! Thats so funny cause we sat and listened to 3 days of witness testimony and looked at evidence supporting this. The indictment that Scott was charged with actually has nothing to do with who cleans or strips the fish at all. But Scott did sell, ship and identify and account that fish as other than it truly was. That was what he was charged with and found guilty of. Its pretty plain and simple.
applefan
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January 29, 2012
Oh just to let you know the process of electing the head juror was done with a vote. There was no debate over his family and all jurors were asked where they worked and if the knew the family before we were even picked. Actually we were asked a page full of personal questions and both the prosecution and defense had the opportunity to select us.

Also I don't know what the defense could have done the evidence was there and was pretty damaging there was no wy to take it back or cover it up.
Fishingdamoose
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January 28, 2012
Dear ak_fisherman31

I saw the videos

I heard the audio recordings

He didn't have to mail to. Arizona

He said he was mailing KINGS

He only bought chums (proof receipts in his name)

His wife said we only buy chums

His daughter said they only buy chums

Defense said he only drives for her (video and records said differently)

Defense claimed it her business

Maybe he is small time

Maybe it's not his business

But in the courtroom the facts said otherwise. And the prosecution proved it without a DOUBT

I tried to look him in the eyes but he had his head down when I said guilty on both charges.

ak_fisher20
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January 28, 2012
Hmmmm i knew i had recognized you ;) i noticed you when you stood up to announce the verdict for scott. You do realize thats its illegal to be a jurror if you know the family right......of course you do so glad you are able to come foward ;)
applefan
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January 29, 2012
Thats funny cause when we said he was guilty we didn't stand and all 12 of us said he was. Beyond a reasonable doubt a jury of his peers found him guilty on 2 felony counts. This was no joke. Yes he tried to blame it on his wife, yes he said he didn't do anything but drive her. Well the evidence said otherwise, it showed him at the post office, it showed him selling fish with a wad of money in his hands, and we heard tapes of him repeatedly doing business deals on the phone. Also there was no one present during the trial to support Scott so why now?
Fishingdamoose
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January 28, 2012
His wife knew the rules, she only referred to the fish as "salmon strips". Which means they can be ANY type of salmon. Then it's buyer beware, because you don't no what type you are buying.

As soon as he said they were Kings and mailed them off it became a federal offense. If he never said kings he would be a free man.

So in this case seller beware, if you are misleading in your product.
Fishingdamoose
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January 28, 2012
He was on video and audio tape selling kings, he only had chums. His defense was its his wife's business. WOW they blamed the wife, the wife was on tape saying how she didn't like the way he was selling the fish. She also said they only had chums. Be a man and stand up for your actions, not just a con man, but also a coward.
ak_fisherman31
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January 28, 2012
How do you know there were videos? Yeah it was his wifes business but he wasnt trying to put it on her. He did have kings for sale in his fish but they were others peoples fish also. He was only actually helping sell and he thought there were kings left besides the UC agent insisted on kings the wife said no there isnt any but since he insisted to the nenana man he thought there may have been kings in the box this case is just rediculous
4thstreet
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January 28, 2012
so don't be saying we don't have the big crime element up here in the north.

chum salmon today (smoked) can only mean drive-by shootings, car-jacking, flash-robberies and random-rape tomorrow... it's a pattern.
alaskasown
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January 28, 2012
Okay, so who is going to go after the group that said the fish hatchery would cost $25 million to build and it ended up being $50 million?
Samm_redux
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January 28, 2012
Passing off Dog salmon as King!? He ought to be hung!
robir8
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January 28, 2012
I made a lot of strips in the day and I've bought my fair share. Its a lot of work and those fish hold you hostage for 3 weeks to a month. You get about 8 good strips out of a chum (dog). 16 thousand pounds will make about 1600 pounds of strips which go for about $20 a pound. I bet any amount of money it cost a whole lot more to prosecute this case than was ever made. If a person can't tell a king strip from a chum strip by looking at the skin... dosen't matter anyway, did they taste good? Thats all that matters, don't want them don't buy them. Chulio is right this is just the Feds sticking their nose where it dosen't belong. DNA testing and Fish and Wildlife in Arizona. They are absolutly out of control.
say_what64
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January 28, 2012
Obviously he wasn't a party to the decrease of the Yukon King run. He was miss representing what he was selling but the taking of chum and silver salmon, has nothing to do with the King run. It's a buyer beware world out there. You have to be aware of what you buy at Fred Meyers, Safeway or Wall-Mart. Are you sure that the cod you get is really cod. Might those cod be part of the reason for the decline of the Atlantic cod fishery? Educate your self before you buy any thing. Free enterprise isn't necessarily, 'honest enterprise'.

Take a closer look the next time you're out shopping. As far as not knowing the difference between Chum and King, that's a good laugh.
islandliver
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January 28, 2012
Actuary it not truly a buyer beware world out there. The federal and state laws regarding selling something that is not what you claim it is have been on the books a long time. Claiming an item is something other than what it is has been around probably since the creation of man.

Yes you do have to be careful of what you buy at Wally World. All you need do is read the labels. When the label says it is King Salmon and it not you've misrepresented you product. And yes I do believe the labels at Wally World, Safeway or at a gas station. When I pay for a gallon of diesel I expect it to be a gallon, nothing less.

Now since it appears this guy sold to a government agency a product he misrepresented I can hardly fault the government as being out to get him.
islandliver
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January 28, 2012
The Lacey Act was first passed in 1900 so lets stop all the nonsense about recent laws being passed. A law over 110 years old is hardly new.
Fishingdamoose
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January 28, 2012
You missed the point. It's not like going into the store and buying something you can see. He was charged with false I'd of fish sold across state lines. What he described on the sell is not what he sent. If you ordered green apples and someone mailed you yellow apples, you would complain.
oldowl
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January 28, 2012
Another of the great Alaskan con men.
longhornak
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January 28, 2012
Why the seperation of Alaskan? We're all Americans, and should look at it as such.

Another of the great American con men.

(And IMAO, he is scum.)
schmekel
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January 28, 2012
I have a house for sale.

No the roof doesn't leak. That stain is from

an exploding soda bottle.

No the land isn't on permafrost-I had

drilling done, but can't find the records.

What is the big deal?
sonofchulio
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January 28, 2012
The feds are definitely getting a lot of practice lately at telling Alaskans who's the boss, and how high they want us to jump.

We'll shut up and take it. We wouldn't want to risk those federal dollars coming in.
teapartypatriot_2
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January 28, 2012
Times are difficult and people do what they have to make a living. So he conned people. Free enterprise is about conning people and it is done all the time. I doubt those buying the chum for kings knew any different.

Our LEO's are obviously desperate for work since we don't have enough real crimes in this state. Soon they can concentrate on texting while driving. That should take the heat off for a while.

Alaskagrl
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January 28, 2012
"...though the regulations do not define what a significant commercial enterprise is."

That should shut the case right there. How can they prosecute someone on an unwritten law? That's wrong.
Underminer
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January 28, 2012
GREAT POINT!! I think all Americans are getting a bit SICK AND FREAKING Tired of laws that are "subjective" in nature. These politicians need to be "expunged" from office.
DrPliers
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January 28, 2012
I know him. Just deserts.
FishinforTuition
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January 28, 2012
And why wonder, about the severe decline in both King and Chum salmon stocks on the Yukon.

Subsistance, in a federal prison that includes the new and improved management plan from ADF&G and the USFWS.

maveric
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January 28, 2012
If the fish were legal. What's the big deal.

His customers were probably happy with it.
captcrunch
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January 28, 2012
I'm sure those Eskimos and Indians knew the difference..they probably turned him him. The big deal is he conned people. If someone sold you Kobe beef at $25 a lb. and you found out it was beef used in dog food would you be happy? Would it be a big deal?
Underminer
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January 28, 2012
captcrunch wrote: "The big deal is he conned people."

Ohhh sure, and the people who will send him to prison never con anyone.

captcrunch....you sound like a 12 year old.
MP210
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January 28, 2012
I'm selling a BMW.

Actually it's an old Yugo I took the emblems off, and replaced with BMW emblems.

What's the big deal
captcrunch
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January 28, 2012
Underminer..He was caught doing something illegal, IF he is found guilty he will pay a fine and will do time Period..even a 12 year old understands that.
ak_fisherman31
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January 28, 2012
Eskimos and indians? Nobody turned him in because the fish were labeled at smoked fish obvioudly the fish werent sorted andlabeled. The feds tried to persue him in an UC case. They insisted kings because he did say he had kings but they were from other people from other villages they simply helped other people sell fish. Feds are retarded they thought they had a big case on illegal subsistance fish haha what a joke had to try and pin him with something else
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