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‘Codfather’ asks court to split his, deputy’s cases

November 28th, 2016 — New Bedford fishing kingpin Carlos Rafael and the Bristol County sheriff’s deputy indicted as Rafael’s co-defendant each are seeking to be tried separately in U.S. District Court in Boston.

Rafael, known widely as “The Codfather” because of his vast New Bedford fishing assets and waterfront holdings, and Antonio M. Freitas, the Bristol County deputy sheriff, are scheduled to stand trial together on Jan. 9.

Attorneys for both men filed separate motions with the court earlier this week to sever the cases. The motions also seeks to have the court try each defendant separately, each claiming the other’s statements to law enforcement officials would injure their own cases if tried together.

 Both men have pleaded not guilty to the charges.

“A joint trial presents a serious risk of compromising Mr. Rafael’s Sixth Amendment confrontation rights in light of incriminating evidence made to law enforcement by Mr. Freitas,” William Kettlewell, Rafael’s defense attorney, wrote in his motion to U. S. District Court Judge William Young. “Moreover, severance in this case would not be administratively burdensome as the defendants are jointly named in only one of 28 counts alleged in the indictment.”

Read the full story at The Salem News 

Prosecutors dismiss charges against bookkeeper for indicted fishing magnate Carlos Rafael

July 26, 2016 — BOSTON — Federal prosecutors moved Monday to dismiss the charges against Dartmouth resident Debra Messier, the longtime bookkeeper for indicted fishing magnate Carlos Rafael, after her case had sat largely idle since her February arrest.

The motion likely clears Messier of potential penalties — pending a judge’s ruling — ahead of Rafael’s federal trial, slated for January 2017 at U.S. District Court in Boston.

Rafael and Messier were arrested Feb. 26 on charges of conspiracy and submitting falsified records to the government, after federal authorities raided the Carlos Seafood building on New Bedford’s waterfront.

Messier was released from custody the same day on a $10,000 bond. Prosecutors said Monday’s dismissal motion was filed “in the interests of justice.”

Prosecutors allege that Rafael, for years and with Messier’s help, lied to federal authorities about the amount and kinds of fish caught by his New Bedford-based fleet, in order to evade federal fishing quotas.

Rafael, a 64-year-old North Dartmouth resident, remains released on bond totaling $2 million. Collateral includes his home; his Carlos Seafood building; and one of his fishing vessels, the Dinah Jane, along with its attached fishing permit. Prosecutors have said Rafael has citizenship both in the U.S. and his native Portugal. His bond conditions require him to wear electronic monitoring equipment and to return home by 8:30 p.m. nightly, while he continues to work on the docks.

He faces 27 counts of federal charges, including conspiracy, false entries and bulk cash smuggling. Also facing trial then is alleged smuggling accomplice Antonio M. Freitas, a 46-year-old Taunton resident and Bristol County Sheriff’s Office deputy, suspended without pay. Freitas faces two federal counts, one for bulk cash smuggling and one for international structuring.

Read the full story at the New Bedford Standard-Times

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