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Animal Mutilation — Part 04
Page 20
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AQ 198-541
mutilations occurring on Indian Iands, but that its investi-.
gation was limited to these mutiliations. CidDio said he
would insure that Senator schmItT was apprised of this
limitation. : This information was given to Mr. Cidpio on
4/9/79.
During the conference, FoRREsT S. PUTMAN, Albuquergue.
FBI, explained that the Fbr's jurisdiction extended to mutilation
occurring on Indian lands. He said, however, that the FBI in
conducting its investigation of these mutilations would take
into account mutilations occurring elsewhere.which showed
a similar Mo.
:
The jurisdictional problems of all law enforcement.
officials investigating mutilations were discussed during an
afternoon session of the conference attended only by law
enforcement officials. It was pointed out that in most cases,.
the mutilations amounted to misdemeanor violations and were not
a felony. As Senator SchmIrr pointed out during the generai.
conference that the FbI might have jurisdiction to investigate
mutilations because of violations of state laws on Indian
lands, the question arose whether this would be a felony or
a misdemeanor violation. Under New Mexico State Law, the
mere mutiliation of a dead animal would be simply a misdemeanor.
violation. Investigation of these matters would not be in
keeping with the Fbl's current efforts to concentrate on
priority matters.
The Albuquerque FBI recommends that FBiHQ point
out to the Justice Department that if the FBi is asked to
conduct investigation into cattle mutilations of which the.
FBI has no jurisdiction, we will be opening ourselves to
criticism similar to criticism we have received in the past
for investigating matters wherein we have had no jurisdiction.
It would.seem appropriate that if Fbl participation in investi-
gation of.cattle mutilations is desired by..the Justice Department
effort should be made to secure Congressional approval or an
Executive Order through which the appropriate funds' could be
authorized and proper jurisdiction granted to the FBI..
Under these conditions, the FBi could approach this.
matter without expectation of undue criticism and with the
anticipation that the proper resources could .be utilized to
conduct an effective investigation.
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