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A Famed Fishing Port Staggers as Carlos Rafael Goes to Jail

February 12, 2018 — NEW BEDFORD, Mass. — Carlos Rafael, whose initials are emblazoned on boats all over this port city, boasted that his fishing empire was worth even more than official records showed. His trick? When he caught fish that are subject to strict catch limits, like gray sole or cod, he would report that his nets were filled with something far more plentiful, like haddock.

“We call them something else, it’s simple,” Mr. Rafael told visitors who seemed interested in buying his business. “We’ve been doing it for over 30 years.” He showed off a special ledger labeled “cash.” And he described an under-the-table deal he had going with a New York fish buyer, saying at one point, “You’ll never find a better laundromat.”

But Mr. Rafael’s visitors turned out to be Internal Revenue Service agents, and the conversations, caught on tape and described in court documents, began the unraveling of Mr. Rafael, whose reign over a segment of this region’s fishing industry gave him his larger-than-life nickname, “the Codfather.”

As Mr. Rafael sits in prison, having pleaded guilty to lying about his catches and smuggling cash out of the country, nearly two dozen of his boats have been barred from fishing for species like cod and haddock, grinding part of the centuries-old maritime economy in the nation’s most lucrative fishing port to a halt.

Fishermen, ice houses and shoreside suppliers who once did business with Mr. Rafael are anxious, as their own businesses have slowed or stopped. Regulators, who oversee a federal system aimed at limiting what the industry fishes for, want more penalties, raising doubts about the future of the port when it comes to groundfish, the bottom-dwelling species like cod that were once the backbone of the fishing industry in New England.

“There are a lot of people on this waterfront, very hardworking people, whose livelihood depends on Carlos’s landings,” said Jon Mitchell, the mayor of New Bedford. “They don’t deserve to suffer along with him.”

Tony Fernandes, a captain on one of Mr. Rafael’s boats, said he was collecting unemployment benefits and waiting to learn when he may be able to fish again. “He’s putting in his time and he paid his fine,” he said of Mr. Rafael. “We are in limbo.”

For decades, Mr. Rafael, 65, was a blustery, polarizing figure along these piers. He called himself a pirate, and mocked smaller competitors as maggots or mosquitoes. When he wasn’t yelling into his phone in Portuguese, he held court around town, talking politics and fish. The authorities said he owned one of the country’s largest commercial fishing enterprises, and analysts estimate that he controlled about one-quarter of New England’s landings of groundfish. Mr. Rafael also had boats to harvest scallops, which now make up a much greater share of New Bedford’s total landings than groundfish do.

But Mr. Rafael also served as a dealer for the seafood that came off his boats, which prosecutors say made it easier for him to lie about what he was catching and how much he was getting for it.

“Carlos Rafael has been well known in the commercial fishing industry for 30 years,” said Andrew Lelling, the United States attorney for Massachusetts, who prosecuted the case. “And, for almost as long, federal law enforcement has heard rumors and concerns about Rafael acting illegally.”

Some people in New Bedford saw Mr. Rafael far differently — as a Robin Hood of sorts, with a pack of cigarettes and a dinged-up Silverado. He was a Portuguese immigrant who had started out cutting fish and eventually provided jobs for many people along a waterfront that has been bustling since Herman Melville immortalized its cobblestone streets and whaling ships in “Moby Dick.”

He saw an opportunity eight years ago when the government moved forward with a new regulatory system in New England, after Congress mandated that science-based limits be used to prevent overfishing. The cod catch, long a staple of New England’s economy, had fallen over the years.

Instead of the former approach of limiting how many days boats could spend at sea, the new regulations by the National Oceanic and Atmospheric Administration set specific ceilings on how many fish could be caught. The rules instantly were contentious, especially when regulators set low limits for dwindling species like cod to help them rebound.

Read the full story at the New York Times 

Rafael prosecutor named US Attorney for Massachusetts

December 15, 2017 — A Sharon man is the new U.S. Attorney for Massachusetts.

The U.S. Senate on Thursday confirmed President Donald Trump’s nomination of Andrew Lelling, of Sharon, as the U.S. Attorney for the District of Massachusetts, clearing the way for a new top federal prosecutor to set up shop in Boston.

A 16-year veteran of the Justice Department, Lelling is already familiar with the office, having served most recently as senior litigation counsel in the Massachusetts U.S. Attorney’s Office. He succeeds Acting U.S. Attorney William Weinreb, who took over when Carmen Ortiz, of Milton, resigned in January.

“I am honored to be confirmed as the United States Attorney and I look forward to serving the residents of Massachusetts,” Lelling said in a statement. “As a federal prosecutor I have had the privilege of working with some of the best federal and state law enforcement officers in the country. As U.S. Attorney, I will continue to collaborate with these distinguished public servants to fulfill the mission of the Department of Justice.”

Read the full story at the New Bedford Standard-Times

 

Fishing mogul Carlos Rafael pleads guilty to conspiracy, other charges

March 31, 2017 — The following is an excerpt from a story published yesterday by the New Bedford Standard-Times:

Carlos Rafael walked into Courtroom 18 on the fifth floor three minutes prior to his scheduled 2:30 p.m. plea hearing in front of Judge William G. Young at U.S. District Court on Thursday.

An hour and 15 minutes later he stood and faced the court clerk and uttered “Guilty,” when she informed him the U.S. Attorney has charged him with 28 counts, including falsifying fishing quotas, false labeling, conspiracy and tax evasion.

“Today I pled guilty to the charges facing me,” Rafael said in a statement released by his lawyers. “I am not proud of the things I did that brought me here, but admitting them is the right thing to do, and I am prepared to accept the consequences of my actions.”

A sentencing hearing was set for June 27 at 2 p.m., when the New Bedford fishing tycoon could face as much as 76 months in prison, although Assistant U.S. Attorney Andrew Lelling recommended 46 months.

“Mr. Rafael’s scheme not only compromised delicate fish populations, but also profited on the backs of his hard-working crew,” Acting United States Attorney William D. Weinreb said in a statement.

“Mr. Rafael knew he was breaking the law by falsifying records, evading taxes and smuggling ill-gotten profits to Portugal. Without Mr. Rafael and his scheme, New England fishermen who work hard for honest pay can now enjoy a more level playing field.”

Read the full story at the New Bedford Standard-Times

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