September 26, 2017 — The following was released by the New England Fishery Management Council:
As many of you are aware, Carlos Rafael was sentenced today, September 25, 2017, in U.S. District Court in Boston. The case reference is “United States of America v. Carlos Rafael No. 16-CR-10124-WGY.” A press release describing the sentence was issued by the U.S. Attorney’s Office for the District of Massachusetts. It is available at Rafael Sentencing.
The New England Fishery Management Council will review the sentence tomorrow morning, Tuesday, September 26, shortly after opening up its three-day meeting in Gloucester, MA at the Beauport Hotel. Reappointed Council members will be sworn in, and the annual election of officers will be conducted before the Rafael case is discussed.
WEBINAR INFORMATION: A webinar is available for this meeting. Registration details can be found at webinar. The agenda and meeting materials are at NEFMC.
THE SENTENCE: The U.S. Attorney’s Office stated, “Carlos Rafael, 65, of Dartmouth, was sentenced by U.S. District Court Judge William G. Young to 46 months in prison and three years of supervised release, during which time he is banned from working in the fishing industry. The Court also ordered Rafael to pay a fine of $200,000 and restitution to the U.S. Treasury of $108,929. Rafael may also be subject to forfeiture of a portion of his fishing fleet, but the Court held that issue for further consideration.”
EXECUTIVE DIRECTOR’S COMMENT: Immediately following the sentencing, New England Fishery Management Council Executive Director Tom Nies said, “Carlos Rafael is a criminal who stole from his fellow fishermen and the public by intentionally misreporting his catch. His conduct was reprehensible and the criminal penalties he received are well-deserved. We once again thank our government enforcement agencies for bringing him to justice.”
WHAT RAFAEL DID: “From 2012 to January 2016, Rafael routinely lied to the National Oceanic and Atmospheric Administration (NOAA) about the quantity and species of fish his boats caught in order to evade federal quotas designed to guarantee the sustainability of certain fish species,” stated the U.S. Attorney’s Office. “During that period, Rafael misreported to NOAA approximately 782,812 pounds of fish, telling NOAA that the fish was haddock, or some other abundant species subject to high quotas, when in fact the fish was cod, sole, or other species subject to strict quotas. After submitting false records to federal regulators, Rafael sold much of the fish to a wholesale business in New York City in exchange for duffle bags of cash. During meetings with the undercover agents, Rafael said that in his most recent dealings with the New York buyer he received $668,000 in cash. Rafael smuggled at least some of that cash out of the United States to his native Portugal, hiding it there to evade federal taxation on that revenue.”
GUILTY PLEA: The U.S Attorney’s Office stated, “In March 2017, Rafael pleaded guilty to one count of conspiring to commit offenses against the United States, 23 counts of false labeling and fish identification, two counts of falsifying federal records, one count of bulk cash smuggling, and one count of tax evasion. He was initially arrested and charged in February 2016. Rafael, the owner of Carlos Seafood Inc., based in New Bedford, Mass., owned 32 fishing vessels through independent corporate shells and 44 permits, which amounted to one of the largest commercial fishing businesses in the United States.”
