Former CEO sent to Prison, fined $64mil for import fraud
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NEWARK, N.J. – July 27, 2010-- Thomas George, the
former Chief Executive Officer of Sterling Seafood Corporation, was
sentenced today to 22 months in prison for importing falsely labeled
fish from Vietnam and evading over $60 million in federal tariffs, as
well as selling over $500,000 in similarly misbranded fish purchased
from another importer, United States Attorney Paul J. Fishman
announced.
George, 61, of Old Tappan, New Jersey, pleaded guilty
before United States Magistrate Judge Patty Shwartz on January 26,
2010, to an Information charging him with one count of importing
falsely labeled goods into the United States and one count of selling
falsely labeled fish in the United States with the intent to defraud.
United States District Judge Faith S. Hochberg imposed the sentence
today in Newark federal court.
According to documents filed in
this case and statements made in court:
From January 2003 to
June 2006, George maintained a business relationship through Sterling
Seafood with a seafood distribution company located in Vietnam. As
part of that business relationship, Sterling Seafood regularly
purchased fish in the catfish family, Pangasius hypophthalmus,
sometimes referred to as Vietnamese catfish. Sterling Seafood would
then resell the fish in the United States.
In the interest of
fairly regulating commerce in the U.S., the U.S. Department of
Commerce establishes anti-dumping duties or tariffs on certain
imported products – taxes imposed to increase the price of goods so
they do not provide unfair complection to comparable goods produced
locally. In January 2003, an anti-dumping duty or tariff was placed
on all imports of Vietnamese catfish into the United States because
catfish was being marketed at a significantly lower price than was
market rate at that time. That initial anti-dumping order imposed a
duty of up to 63.88 percent on all catfish subject to the order, and
was adjusted based on market conditions.
At his plea hearing,
George admitted that from 2004 to 2006, he agreed with the Vietnamese
distribution company to engage in a scheme to falsely identify and
declare the purchase and importation of the Vietnamese catfish in
order to evade the applicable anti-dumping duties. George stated that
he specifically instructed the Vietnamese company to
fraudulentlyidentify the Vietnamese catfish as “grouper” on
commercial contracts, purchase orders, and other documents because
grouper was not subject to any anti-dumping duties. Additionally,
George admitted that from 2004 to 2005, he purchased over $500,000 of
similarly misbranded Vietnamese catfish that was imported from
Vietnam by a Virginia corporation and then sold that misbranded
Vietnamese catfish throughout the United States.
George’s
22-month sentence represents 18 months on Count One and 22 months on
count two, to run concurrently. In addition to the prison term, Judge
Hochberg sentenced George to a year of supervised release and ordered
him to pay restitution in the amount of $64,173,839.16. George also
paid a $50,000 community service payment to the National Fish and
Wildlife Foundation to be expressly earmarked for research into the
identification of fish and other marine organisms. This sentence does
not preclude him from facing additional civil penalties.
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