Federal prosecutors just dropped the hammer on three New Mexico men for allegedly running a multi-year operation to rig the state's resident elk tag draw, fraudulently transferring coveted permits to out-of-state clients for profit.
According to the U.S. Attorney’s Office for the District of New Mexico, Danial Adair, 44, Daniel Nicolds, 57, and his brother Lary Nicolds, 59, are accused of orchestrating a multi-year hustle through their outfitting business, Big Horn Outfitters, from approximately 2019 through 2022.
The indictment alleges the trio cooked up fictitious hunter accounts using bogus identifying information and prepaid debit cards to enter the resident elk draw. They then submitted phony "medical transfer" requests, complete with fake doctor notes and forged agreements, to the New Mexico Department of Game & Fish, allowing them to shift the tags to paying non-resident hunters.
Naturally, these transfers were bundled nicely with guiding and outfitting services, while the men allegedly concealed the income through alternate accounts and false tax reporting. In addition to the shadowy money games and tax evasion schemes, they were also transporting harvested elk across state lines, triggering federal wildlife violations.
The state of New Mexico tries to keep things somewhat fair for locals by prioritizing residents in the public draw because, you know, it’s their backyard. But drawing a quality bull tag is still a brutal grind, with many dedicated local hunters entering year after year, often waiting a decade or more for success. Legitimate tag transfers are supposed to be rare and are strictly limited, generally allowed only in cases of death, military deployment, or serious documented medical issues preventing the holder from hunting.
This fraud cuts directly against that framework.
“As a hunter, I know it’s extraordinarily difficult for New Mexico residents to draw elk tags,” said First Assistant U.S. Attorney Ryan Ellison. “In fact, many New Mexicans who apply annually wait years—sometimes decades—to draw a coveted tag and win the opportunity to fill their freezer with elk. Fraudsters who illegally rig the system and make it more difficult for New Mexicans to hunt elk in their own state will be aggressively prosecuted and held fully accountable.”
A successful NM elk hunt posted by Big Horn Outfitters back in 2016 | Facebook
The case also echoes broader frustrations that are piling up on top of the already-gamed Elk Private Land Use System (EPLUS), where landowners get extra tags and often sell them to the highest bidder — usually well-heeled non-residents. When outfitters start hacking the resident side too, it’s just another kick in the teeth for the everyday hunters trying to secure opportunity on public land.
Adair and the Nicolds brothers are now each facing one count of conspiracy to commit wire fraud and violate the Lacey Act, plus five counts each of wire fraud and Lacey Act violations. Adair and Daniel Nicolds are also up against an additional charge of conspiracy to defraud the United States.
“We work closely with our state partners to investigate wildlife crimes that cross state lines and violate federal wildlife laws” said Doug Ault, Assistant Director for the Office of Law Enforcement at the U.S. Fish and Wildlife Service. “These collaborative investigations will continue in New Mexico and across the country to ensure that legal hunters have fair access to licensing opportunities and are not disadvantaged by individuals who exploit public resources for their own profit. These efforts support the conservation and responsible stewardship of our nation’s wildlife resources.”
