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Judge sets new hearing date for indicted fishing magnate Carlos Rafael, sheriff’s deputy

May 26, 2016 — NEW BEDFORD, Mass. — The next scheduled court date for indicted fishing magnate Carlos Rafael is a June 22 status conference in Boston, and a trial would have to begin by early September should the case go that far, according to court documents filed this week.

The status conference also will include indicted Bristol County Sheriff’s Office deputy Antonio M. Freitas, a 46-year-old Taunton resident. The conference will be held at U.S. District Court in Boston, and signals the transfer of Rafael’s and Freitas’ cases from Magistrate Judge David H. Hennessy to District Court Judge William G. Young.

This week’s documents also shed light on when potential trials for Rafael and Freitas could begin.

Prosecutors’ indictment of Rafael and Freitas was unsealed May 9, and Freitas appeared in court that day, meaning the Speedy Trial Act would require a trial to begin within 70 days of that initial appearance. Young ruled this week, though, to start the 70-day clock at the June 22 status hearing, rather than May 9. A motion requesting the extension had been agreed upon by prosecutors and defense counsel.

“They might want a little time to stall and delay in order to explore a plea bargain,” said Boston criminal defense attorney Peter Elikann, a spokesman for the Massachusetts Bar Association and legal analyst who is not involved in either case.

Read the full story at the New Bedford Standard-Times

‘Codfather’ pleads not guilty to fish conspiracy

May 13, 2016 — New Bedford fishing mogul Carlos Rafael pleaded not guilty Thursday in U.S. District Court in Worcester to conspiracy, lying to NOAA Fisheries about the exact species of fish he landed through a four-year span, and illegally smuggling cash out of the country.

Rafael, know widely as “The Codfather,” remains free on the $1 million bond set after his February arrest for conspiracy and submitting falsified records. The arrests of Rafael and his bookkeeper Debra Messier capped an undercover sting operation by federal authorities, some of whom posed as Russian mobsters looking to buy his business.

The 64-year-old Rafael, who appeared before Magistrate Judge David H. Hennessy, controls one of the largest commercial fishing fleets in the United States and has been a powerful force in Northeast commercial fishing circles through his ownership of 32 fishing vessels and a block of 44 federal fishing permits with a value estimated in the tens of millions of dollars.

Read the full story at the Gloucester Times

MASSACHUSETTS: Carlos A. Rafael held without bail

February 26, 2016 — BOSTON — Carlos A. Rafael was held without bail Friday afternoon after appearing in U.S. District Court on charges of conspiracy and submitting falsified records to the federal government.

Magistrate Judge David H. Hennessy ordered Rafael, 64, held until a preliminary and detention hearing is held in the federal court in Worcester on Wednesday, March 2 at 1 p.m.Rafael’s bookkeeper and co-defendant, Debra Messier of Dartmouth, faces the same charges but was released on a $10,000 unsecured bond.

The two appeared in the Boston court Friday afternoon after federal authorities, including the NOAA Office of Law Enforcement and the Internal Revenue Service, executed two search warrants and raided the headquarters of Rafael’s groundfishing and scallop business on the city’s South End waterfront Friday morning.

Federal prosecutors charge that for years, Rafael, with the help of Messier, lied to federal authorities about the quantity and species of fish his large New Bedford fleet caught, in order to evade federal groundfishing quotas, according to the criminal complaint filed by the IRS. After submitting false records to federal regulators, Rafael then sold the fish to a business in New York City in exchange for bags of cash, the Office of U.S. Attorney Carmen M. Ortiz charges.

Assistant U.S. Attorney Andrew E. Lelling argued Rafael posed a flight risk.

Read the full story at the New Bedford Standard-Times

View a PDF of the affidavit of agent Ronald Mullet in support of a criminal complaint charging Carlos Raphael

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