Montana man to be sentenced for cloning giant sheep to breed large sheep for captive trophy hunts
SEPTEMBER 30, 2024:
HELENA, Mont. (AP) — An 81-year-old Montana man faces sentencing in federal court Monday (Sept. 30, 2024) in Great Falls for illegally using tissue and testicles from large sheep hunted in Central Asia and the U.S. to illegally create hybrid sheep for captive trophy hunting in Texas and Minnesota.
Prosecutors are not seeking prison time for Arthur "Jack" Schubarth of Vaughn, Montana, according to court records. He is asking for a one-year probationary sentence for violating the federal wildlife trafficking laws. The maximum punishment for the two Lacey Act violations is five years in prison. The fine can be up to $250,000 or twice the defendant's financial gain.
In his request for the probationary sentence, Schubarth's attorney said cloning the giant Marco Polo sheep hunted in Kyrgyzstan has ruined his client's "life, reputation and family."
However, the sentencing memorandum also congratulates Schubarth for successfully cloning the endangered sheep, which he named Montana Mountain King. The animal has been confiscated by U.S. Fish and Wildlife Services.
"Jack did something no one else could, or has ever done," the memo said. "On a ranch, in a barn in Montana, he created Montana Mountain King. MMK is an extraordinary animal, born of science, and from a man who, if he could re-write history, would have left the challenge of cloning a Marco Polo only to the imagination of Michael Crichton," who is the author of the science fiction novel Jurassic Park.
Schubarth owns Sun River Enterprises LLC, a 215-acre (87-hectare) alternative livestock ranch, which buys, sells and breeds "alternative livestock" such as mountain sheep, mountain goats and ungulates, primarily for private hunting preserves, where people shoot captive trophy game animals for a fee, prosecutors said. He had been in the game farm business since 1987, Schubarth said.
Schubarth pleaded guilty in March to charges that he and five other people conspired to use tissue from a Marco Polo sheep illegally brought into the U.S. to clone that animal and then use the clone and its descendants to create a larger, hybrid species of sheep that would be more valuable for captive hunting operations.
Marco Polo sheep are the largest in the world, can weigh 300 pounds (136 kilograms) and have curled horns up to 5 feet (1.5 meters) long, court records said.
Schubarth sold semen from MMK along with hybrid sheep to three people in Texas, while a Minnesota resident brought 74 sheep to Schubarth's ranch for them to be inseminated at various times during the conspiracy, court records said. Schubarth sold one direct offspring from MMK for $10,000 and other sheep with lesser MMK genetics for smaller amounts.
In October 2019, court records said, Schubarth paid a hunting guide $400 for the testicles of a trophy-sized Rocky Mountain bighorn sheep that had been harvested in Montana and then extracted and sold the semen, court records said.
Sheep breeds that are not allowed in Montana were brought into the state as part of the conspiracy, including 43 sheep from Texas, prosecutors said.
The five co-conspirators were not named in court records, but Schubarth's plea agreement requires him to cooperate fully with prosecutors and testify if called to do so. The case is still being investigated, Montana wildlife officials said.
Schubarth, in a letter attached to the sentencing memo, said he becomes extremely passionate about any project he takes on, including his "sheep project," and is ashamed of his actions.
"I got my normal mindset clouded by my enthusiasm and looked for any grey area in the law to make the best sheep I could for this sheep industry," he wrote. "My family has never been broke, but we are now."
MARCH 15, 2024:
BILLINGS, Mont. (AP) — A Montana rancher illegally used tissue and testicles from wild sheep killed by hunters in central Asia and the U.S. to breed "giant" hybrid sheep for sale to private hunting preserves in Texas, according to court documents and federal prosecutors.
Arthur "Jack" Schubarth, 80, of Vaughn, Montana pleaded guilty to felony charges of wildlife trafficking and conspiracy to traffic wildlife during an appearance Tuesday (March 12, 2024) before a federal judge in Great Falls. Each count carries a maximum penalty of five years in prison and a $250,000 fine.
Court documents describe a yearslong conspiracy, beginning in 2013, in which Schubarth and at least five other people sought to create "giant sheep hybrids" by cross-breeding different species. Their goal was to garner high prices from hunting preserves where people shoot captive trophy game animals for a fee.
Using biological tissue obtained from a hunter who killed a wild sheep in Kyrgyzstan belonging to the world's largest species of the animals — Marco Polo argali sheep — Schubarth procured cloned embryos of the animal from a lab, according to court documents.
The embryos were later implanted in a ewe, resulting in a pure Marco Polo argali sheep that Schubert named "Montana Mountain King," the documents show. Semen from Montana Mountain King was used to artificially impregnate other ewes to create a larger and more valuable species of sheep, including one offspring that he reached an agreement to sell to two people in Texas for $10,000, according to the documents.
Male argali sheep can top 300 pounds with horns up to 5 feet long, according to officials, making them prized among some hunters. They are protected under international convention as a threatened species and outlawed for import into Montana to protect native sheep from disease and hybridization.
A person who was not named in court documents shipped 74 ewes of a prohibited sheep species from Minnesota to Schubarth's ranch to be artificially inseminated with Montana Mountain King semen, the documents show. Offspring that had only a portion of the central Asian sheep's genetics sold for lesser amounts.
In 2019, Schubarth paid $400 to a hunting guide for testicles from a trophy-sized Rocky Mountain bighorn sheep killed in Montana. Schubarth extracted semen from bighorn sheep testicles and used it to breed large bighorn sheep and sheep crossbred with the argali species, the documents show.
Assistant U.S. Attorney General Todd Kim described Schubarth's actions as "an audacious scheme to create massive hybrid sheep species to be sold and hunted as trophies." Kim said the defendant violated the Lacey Act that restricts wildlife trafficking and prohibits the sale of falsely labeled wildlife.
Schubarth said when reached by telephone on Wednesday that his attorney had advised him not to talk about the case.
"I would love to talk about it but can't do it now," he said. His attorney, Jason Holden, did not immediately respond to telephone messages seeking comment.
Authorities agreed under the terms of a plea deal not to pursue further charges against the defendant pending his cooperation in the government's ongoing investigation in the wildlife trafficking case.
Montana Mountain King is in the custody of the U.S. Fish and Wildlife Service, according to Department of Justice spokesperson Matthew Nies. As part of the plea deal, Schubert agreed to quarantine any other sheep containing Marco Polo argali genetics and any bighorn sheep that were harvested from the wild.
The deal also allows federal wildlife officials to inspect and, if needed, neuter the animals.
Captive animal facilities where game species can be raised and hunted were banned in Montana under a 2000 ballot initiative. But they remain legal in some other states.
Schubarth's 215-acre ranch is state-licensed as an alternative livestock facility, said Montana Fish, Wildlife and Parks spokesperson Greg Lemon. It was grandfathered in when the 2000 ballot initiative passed and has continued to operate, although hunting is prohibited, Lemon said.
Sentencing for Schubarth is set for July 11, 2024, before U.S. District Judge Brian Morris.
