Federal Judge Sandy Mattice mulled over what constituted a suitable sentence in court on Tuesday afternoon. Randall Henry, 49, of Sunbright, Tn., was sentenced to three years of probation for his role in a fraudulent ginseng operation, avoiding prison time but also being put on home detention for six months.
Prosecution argued Henry needed to be sentenced to at least a year in prison, lest other unscrupulous ginseng dealers see probation as a “cost of doing business.”
“’Wow, they got Mr. Henry, and now he’s out of business. And I better be careful because I don’t want to be out of business too,’ Is that a fair characterization?” asked Judge Mattice to the prosecution.
However, Judge Mattice ended up sentencing him to three years of probation, and said the fact that Henry will forever be branded as “felon” is also a stiff punishment for his crime.
Authorities said earlier that the plea agreement will require Henry to pay restitution to the state of Tennessee and perform 100 hours of community service.
Henry owned and operated a business called “Tennessee Herbs” in order to buy and sell wild ginseng. Documents say in 2015, Henry enganged in “several out-of-season transactions” with U.S. Fish and Wildlife Service undercover agents, and Henry bought around six pounds of American ginseng for more than $800, along with another purchase worth $577. In Henry’s annual report published in April 2016, these out-of-season transactions were omitted.
In August 2016, USFWS agents found around 62 pounds of American ginseng, which they said was not reported to the Tennessee Department of Environment and Conservation. Court documents said American ginseng is not allowed to be harvested outside of an established harvest season (Sept. 1 through Dec. 31), and that all dealers must keep records regarding purchases and sale.
The prosecution was the result of “Operation Green Gold,” a multi-jurisdiction investigation conducted by the U.S. Fish and Wildlife Service (USFWS) into the illegal harvesting, trafficking, and smuggling of American Ginseng.
“Breaking up international and domestic smuggling rings that specifically exploit native plants and animals is a very important part of the U.S. Fish and Wildlife Service Office of law Enforcement’s work,” said FWS Acting Special Agent in Charge Stephen Clark.