On behalf of the U.S. Department of Agriculture, the U.S. Department of Justice secured a court-ordered injunctive relief for the seizure of approximately 200 dogs and cats from two North Chesterfield breeders.
The animal breeders, Elena Mikirticheva and Andrey Mikirtichev, surrendered the dogs and cats for alleged, pervasive mistreatment while in their possession.
U.S. District Judge David J. Novak for the Eastern District of Virginia ordered the relief to replace a temporary restraining order after considering a joint agreement by the United States and the defendants. Following entry of the court order, approximately 45 dogs and cats were surrendered to the USDA, which placed the animals in Virginia shelters and rescue organizations for adoption. The agencies then worked with the Virginia Attorney General’s Office, which seized the remaining animals, more than 150, and placed them with the Humane Society of the United States.
The Justice Department then filed a consent decree in the U.S. District Court for the Eastern District of Virginia to permanently ban Mikirticheva and Mikirtichev from Animal Welfare Act (AWA) licensure or registration. The USDA filed a corresponding consent decision and order in its administrative enforcement proceeding that includes more than $300,000 in civil penalties and permanent AWA license revocation. Both filings were approved.
In August, the Justice Department filed a complaint and motion for temporary restraining order alleging that Mikirticheva and Mikirtichev, licensed under the AWA, had received more than 50 AWA citations for failing to provide adequate shelter, medical and other care, and access to USDA APHIS inspectors, thereby placing the health of their animals in serious danger. The filings alleged that, over the course of two years, APHIS inspectors repeatedly found animals in need of veterinary care. The defendants delayed seeking veterinary care, and, even when animals were seen by a veterinarian, the defendants would fail to follow the veterinarian’s advice. The filings further alleged that APHIS inspectors found animals in cages smaller than AWA requirements and others that were seemingly dehydrated or malnourished due to dominant or aggressive behavior displayed by animals with whom they should not have been housed. APHIS inspectors also allegedly observed junk, waste and/or hazardous materials in areas accessible to the animals.
USDA APHIS investigated and referred the case as well as removed and secured placement for animals surrendered from the facility. The Environment and Natural Resources Division’s Wildlife & Marine Resources Section filed the complaint, preliminary injunction motion, and consent decree in the U.S. District Court for the Eastern District of Virginia.
The federal case is United States v. Elena Mikirticheva and Andrey Mikirtichev, No. 3:23-cv-552.
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Rebecca Barnabi
