August 21, 2017 — NEW BEDFORD, Mass. — Carlos Rafael filed a court motion Monday opposing the government’s motion for preliminary order of forfeiture.
The New Bedford fishing heavyweight made the request in light of “ongoing discussions” regarding the vessels and permits associated with the guilty plea he made four and half months ago.
Rafael pleaded guilty to falsifying labels and fish identification, cash smuggling and tax evasion on March 30. In the plea agreement, Rafael admitted the vessels listed in the indictment were subject to forfeiture. The agreement reserved Rafael the right to challenge the forfeitures.
Rafael took advantage of that right, citing the excessive fines clause of the Eighth Amendment and saying an order of forfeiture may not be required. The motion requested any hearing associated with forfeitures be held as needed during sentencing on Sept. 25 and 26.
“The parties have been discussing possible resolutions of the forfeiture issues that may obviate the need for briefing and hearings on those issues,” Rafael’s motion stated.