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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 

Carlos Rafael sentenced to 46 months in prison

September 25, 2017 — BOSTON — Judge William Young sentenced Carlos Rafael to a 46-month prison term, but he held off on a decision regarding the forfeiture of any permits or vessels.

Rafael also received three years supervised release.

His attorney William Kettlewell requested the sentence be served at Fort Devens. Rafael will have credit for the time he spent in jail earlier in his life, which equated to about nine days. He’ll also pay a $200,000 fine.

Read the full story at the New Bedford Standard-Times

Carlos Rafael sentencing delayed

July 28, 2017 — The New Bedford fishing mogul known as “The Codfather” has been granted a new two-month delay prior to his sentencing on federal charges of conspiracy, falsifying fish quotas, and tax evasion.

Carlos Rafael, 65, was slated to face sentencing Friday, and could face up to 76 months in prison on the three charges through plea agreement reached with the U.S. attorney’s office March 30.

Federal prosecutors have recommended a prison term of 46 months and an extended time after that of supervised release, but U.S. District Court Judge William G. Young is not bound to abide by that recommendation. All of those terms are far less than the 20 years he could have faced under an original 27-count indictment.

Young, however, granted a motion on July 11 that had been filed by Rafael’s attorney, William H. Kettlewell, asking for more time to resolve what Kettlewell called “a critical component of the overall resolution of this case.” Young and the U.S. attorney’s office agreed to set a new sentencing date for Sept. 25 at 2 p.m., according to spokeswoman Liz McCarthy.

Read the full story at the Gloucester Times

Carlos ‘Codfather’ Rafael to talk with prosecutors about resolving criminal case

January 23, 2017 — Indicted New Bedford scallops magnate Carlos “Codfather” Rafael has asked the court to postpone his upcoming trial in part to pursue talks with prosecutors about “resolving” the matter, court documents show.

One of Rafael’s attorneys, William Kettlewell, asked the Massachusetts federal court of judge William G. Young to postpone Rafael’s Feb. 13 trial to at least March 20. Young granted the order.

The delay, the second in recent months, is required as Kettlewell is expected to represent a different client in a two-week trial beginning on Jan. 30, the lawyer wrote. But, that time can also be used for negotiations with prosecutors about a possible settlement.

“The short continuance requested in this motion will allow counsel time to complete that trial and complete discussions with the US Attorney’s Office regarding resolving this matter short of trial,” Kettlewell wrote in the motion.

He did not respond to requests from Undercurrent News for comment.

Read the full story at Undercurrent News

‘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 

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