Nevada rancher Cliven Bundy has spent the last 21 months in federal custody, but his cattle remain home on the range, grazing illegally on public lands the same way they have for more than 20 years. And he continues making money off them. Records show Bundy has sold about 400 while behind bars. It remains to be seen exactly when — or whether — Bureau of Land Management officials will make another attempt to round up those animals from the area known as the former Bunkerville allotment. "No final decision has been made," BLM spokeswoman Megan Crandall said last week. She declined to provide any additional information. In an interview outside the courtroom last week, Cliven Bundy's defense attorney, Bret Whipple, said his client is not concerned with a renewed impoundment effort. "The priority is here and now, getting out of custody," Whipple said. Chief U.S. District Judge Gloria Navarro last week refused to release Cliven and Ammon Bundy but did permit Ryan Bundy to be transferred to a halfway house for the duration of the case (Greenwire, Nov. 14). But Whipple also said the Bundys are waiting to see whether Trump moves to reduce the 297,000-acre boundaries of Gold Butte National Monument, which is located south of the Bundy ranch and contains a portion of the former Bunkerville allotment. Forfeiture or bust? Besides a roundup, there is a second option for declaring a seizure of Cliven Bundy's cattle: forfeiture. Attorney Todd Tucci, who is not involved in the trial, noted the indictment against Bundy and his co-defendants includes five counts of criminal asset forfeiture. That means guilty verdicts on certain charges could be used to force the Nevadan and the other defendants to turn over firearms and ammunition or could result in fines of at least $3 million that could include "any and all cattle on the Bunkerville allotment and Lake Mead National Recreational Area." "If they get convictions of the last five indictments, then they will have all the authority they need to go out and take his cows and property," said Tucci, who is senior attorney at the Idaho-based law firm Advocates for the West. According to the superseding indictment, Bundy could lose his cattle if he is found guilty of any of nine of the 16 charges against him — including conspiracy to commit an offense against the United States, threatening a federal law enforcement officer, obstruction of due administration of justice, interference with interstate commerce by extortion and interstate travel in aid of extortion. A roundup would not necessarily require BLM's involvement, Tucci added, stating that DOJ officials could seek assistance from local or state law enforcement or other contractors. "That's why this is really interesting. Because this is no longer in BLM's hands," he said. Moreover, Tucci suggested if DOJ fails to secure convictions against Bundy or his sons and co-defendants, it could make it all but impossible for BLM to attempt to seize his cattle. "Can you imagine the pushback that BLM will get if after Bundy gets a not guilty [verdict] that they then go try and impound his cows?" Tucci said...more
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