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THREE PLEAD GUILTY IN ABALONE CASE TRIO COULD FACE 3 YEARS IN PRISON

Published on December 18, 1997
© 1997- The Press Democrat

PAGE: B1

Three men charged in connection with a large North Coast abalone poaching operation pleaded guilty Wednesday in Sonoma County Superior Court to felony charges of conspiring to violate Fish and Game laws.

The trio -- Chris N. Doan, 29, of Cupertino; Jason Diep, 30, of El Monte; and Loi Boa Diep, 29, of Rosemead -- admitted they conspired to buy sport abalone and sell it for commercial purposes.

Each could face a possible sentence of three years in state prison.

Judge Lawrence Antolini, who will sentence the trio March 5, noted Sonoma County takes abalone cases ``very seriously.''

While commercial harvesting of abalone is allowed south of San Francisco, on the North Coast it can only be harvested by sports divers in a strictly regulated fashion limiting them to four abalone per day -- and only at certain times of the year. Scuba diving is prohibited.

Officials say poaching pressure has been enormous because the abalone are considered an expensive delicacy and they typically wholesale at $20 to $25 apiece on the black market.

Prosecutors said the case against the trio grew out of investigation that led to the Sonoma County conviction of abalone poacher Van Howard Johnson -- known as ``Ho Jo'' -- who was given a three-year prison term in 1996 for his part as mastermind of large illegal operation that supposedly raked in more than $1 million.

Deputy District Attorney Brooke Halsey Jr. said information was developed that identified the Dieps as large dealers of illegal abalone.

An undercover sting operation was set up by Fish and Game wardens, one of whom posed as a sports diver willing to provide the Dieps with large amounts of illegally harvested abalone from the North Coast.

The abalone used in the sting actually came from seized and forfeited abalone and some that had been used in scientific experiments.

Authorities described Doan as a middleman between the Dieps and Fish and Game undercover investigators.

Warden Richard Vincent said that from April to the end of May when the men were arrested, they made six purchases from him ranging from 80 pounds to 400 pounds of abalone at a time, paying more than $6,700 for one load.

Defense attorneys Joe Stogner and Isidoor Bornstein acknowledged that the Dieps bought the abalone from the undercover warden and were willing to admit they made a mistake.

But they said the alleged scope of the abalone poaching operation has been blown out of proportion and the small company owned by the Dieps involved the legitimate import and export of abalone and sea cucumbers to Canada and Asia.

Initially, officials said 1,700 abalone valued at $234,000 were seized at the defendants' homes and business. A game warden later testified at the preliminary hearing that 3,000 abalone were seized, but more than half of them could have been from Mexico.

Prosecutor Halsey said federal officials are looking into some of the international transactions made by the Dieps and could pursue charges on the federal level.

During the undercover operation, wardens said one of the defendants bragged about buying a whole boatload of illegally seized abalone for $45,000 in the Bodega Bay area.

But defense attorney Stogner said some of the representations made to the undercover warden ``were not true. They tried to make themselves seem bigger in the business than they were.''

Infobox: This article also appeared on The Press Democrat Home page (http://www.pressdemo.com).
Keywords: FISHING CRIME


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