Saving Seafood

Judge denies feds’ motion for Carlos Rafael to forfeit more vessels, permits

October 26, 2017 — NEW BEDFORD, Mass. —  Judge William Young didn’t waste any time denying the United States’ motion for reconsideration in the case of Carlos Rafael.

The government filed the reconsideration on Wednesday, the same day Young filed his judgment.

The government sought Young to reconsider the forfeitability of Rafael’s vessels and permits.

Young ordered four vessels and the accompanying permits to be forfeited on Oct. 11. U.S. Marshals seized the vessels the Lady Patricia, Olivia & Rafaela and the Southern Crusader II on Oct. 18.

The reconsideration stated, “the court may correct a sentence that resulted from arithmetical, technical or other clerical error” within 14 days. The government, again, is seeking Rafael to forfeit all 13 vessels and permits associated with his guilty plea to 28 counts of falsifying fishing quota, bulk cash smuggling and tax evasion.

Read the full story at the New Bedford Standard-Times

 

Members of Congress Want Department of Justice to Penalize Carlos Rafael For Violations of MSA

October 27, 2017 — SEAFOOD NEWS — Commercial fishing mogul Carlos “The Codfather” Rafael pled guilty for violations of the Lacey Act, but now Congressman Raúl M. Grijalva and Congresswoman Chellie Pingree want the Department of Justice to penalize him for violations of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Grijalva and Pingree sent a letter on Thursday to Secretary of Commerce Wilbur Ross and Department of Justice Attorney General Jeff Sessions seeking for the forfeiture of assets and permits that are not “directly linked to a specific crime.”

“We are writing today to follow up on a letter sent September 21, 2017 regarding Carlos Rafael, the leader of a massive illegal fishing operation in New England, reads the letter. “While Rafael pled guilty to violations of the Lacey Act and was recently sentenced to 46 months in prison, the judge bizarrely rejected the government’s recommendation that Rafael forfeit all 13 vessels involved in the crimes, instead requiring the forfeiture of only four vessels and 34 permits and levying a much lower fine than the government had recommended. We want to thank the Justice Department for its recent motion asking the court to reconsider the ruling, including the level of the fines.”

The letter goes on to state that it’s “unacceptable” to allow Rafael to “maintain the ability to transfer or sell millions of dollars worth of assets.” Although Rafael can no longer participate in the fishery, he still has a reported 27 fishing vessels, as well as an assortment of permits.

“Congress gave the Secretaries clear authority to completely remove bad actors from the fishing industry,” Grijalva said in a press release. “If they don’t use the authority here, it will send a clear signal to Codfather wannabees that the Magnuson Act is a joke. This administration claims to be all about law and order – this is a chance to prove it.”

The letter comes just as William D. Weinreb, acting United States Attorney for the District of Massachussetts, filed a motion to reconsider the forfeiture of Rafael’s vessels.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.