Saving Seafood

Judge returns two vessels to Carlos Rafael’s wife

November 29, 2018 — The wife and another business partner of Carlos Rafael will retain ownership of two of the four fishing vessels seized by the federal government as part of the penalties for the array of crimes committed by the man known as “The Codfather.”

U.S. District Court Judge William G. Young, in his final order of forfeiture, said the F/V Lady Patricia and the F/V Olivia & Rafaela — and all federal fishing permits associated with each vessel — will be forfeited to the federal government as part of the final seizure agreement.

Young also ordered the forfeiture of $306,490 to the federal government in addition to the $17,500 judgment already paid by Rafael as part of his plea agreement.

Two of the other forfeited vessels — the Bulldog and Southern Crusader II — will be released to corporations that include Rafael’s wife, Conceicao Rafael, as an owner.

The 75-foot Bulldog will be released to B & D Fishing Corp. and Conceicao Rafael. The 81-foot Southern Crusader II is set to be released to R and C Fishing Corp. The corporation, according to the order, includes Conceicao Rafael and Joao Camarao as owners.

The convicted and currently incarcerated Carlos Rafael, according to the order, ceases to hold any “right, title or interest” in either the forfeited or released vessels. The order, however, retains Carlos Rafael’s ability to defend himself against any future claims from NOAA Fisheries.

Read the full story at the Gloucester Daily Times

Feds will keep only two of Carlos Rafael’s seized vessels

November 23, 2018 — NEW BEDFORD, Mass. — More than a year after a judge ordered Carlos Rafael to forfeit four fishing vessels, the government will retain only two, according to court documents obtained by The Standard-Times.

Rafael, who is serving a 48-month prison sentence for falsifying fishing quota, tax evasion and bulk cash smuggling, and the government filed a settlement agreement last Friday. Judge William Young filed a final forfeiture order Monday.

According to the order, the Lady Patricia and all its permits as well as the Olivia & Rafaela and its permits must be forfeited to the United States. A total of $306,490 must also be paid to the United States.

As for the other two vessels seized by the government, the Bulldog will be released to B & D Fishing Corp. and Rafael’s wife, Conceicao, and the Southern Crusader II will be released to R and C fishing Corp., Joao Camarao and Conceicao Rafael. Each shared partial ownership with Carlos Rafael.

Read the full story at the New Bedford Standard-Times

 

Timeline: Case of Carlos Rafael

September 26, 2017 — Feb. 26, 2016: Federal authorities raided Carlos Seafood on South Front Street in New Bedford, arresting owner Carlos Rafael, 64, and bookkeeper Debra Messier, 60, both of Dartmouth, on charges of conspiracy and falsifying records. Rafael was held without bail; Messier was released on a $10,000 unsecured bond.

March 2, 2016: Rafael is allowed to return home under strict conditions of a $1 million bond; he is allowed to continue working, too. Rafael and his wife, Conceicao, agree to place their Tucker Lane home in North Dartmouth and Carlos Seafood as collateral for the bond.

March 25, 2016: Prosecutors receive an extension of the deadline to indict Rafael. The length of the deadline’s extension is not disclosed.

May 4, 2016: Rafael has been indicted by federal prosecutors for lying about fish catches and smuggling cash to Portugal through Logan airport in Boston, in a multi-year scheme involving hundreds of thousands of dollars, according to court documents. The indictment lists 27 counts against Rafael, for charges including conspiracy, false entries and bulk cash smuggling. Rafael is alleged to have falsely reported the species of more than 815,000 pounds of fish to the National Oceanic and Atmospheric Administration (NOAA) between 2012 and January 2016, according to the Office of U.S. Attorney Carmen Ortiz.

May 4, 2016: Antonio Freitas, 46, of Taunton is charged with using his special assignment status as a member of the Department of Homeland Security Task Force, which gave him access to restricted areas of Logan International Airport, to help Rafael smuggle cash out of the U.S. Freitas is a member of the Bristol County Sheriff’s Honor Guard.

Read the full story at the New Bedford Standard-Times

Carlos Rafael argues against vessel forfeiture, poses new buyer for fleet

September 20, 2017 — New Bedford, Massachusetts-based fishing magnate Carlos “Codfather” Rafael has challenged the government’s proposal to seize his fleet of 13 groundfish vessels, arguing that the act is unconstitutional, according to court documents filed by his legal team.

Forfeiting the vessels and their corresponding permits, which are allegedly worth more than USD 30 million (EUR 25 million), would be a violation of the excessive fines clause of the Eighth Amendment of the U.S. Constitution, Rafael’s lawyers said in court documents submitted for review to U.S. District Court judge William Young in Boston.

While U.S. sentencing guidelines place the legal maximum fine at no more than USD 250,000 (EUR 208,460) in cases such as this, Rafael’s legal team has suggested the Codfather forfeit USD 2.8 million (EUR 2.3 million), or double the value of the 782,812 pounds of groundfish Rafael admitted to misreporting.

“Such an order will serve the purposes of punishment (including severely punishing Mr. Rafael and deterring others) within constitutional bounds without incurring the devastating effects on his own business and innocent third parties that are threatened by the government’s motion,” Rafael’s lawyers wrote.

Issues of ownership regarding the seized groundfish fleet have cropped up over the course of Rafael’s trial. Rafael’s personal share of the vessel fleet up for grabs is valued at nearly USD 19 million (EUR 15.8 million), the balance of which belongs to his wife, Conceicao, according to the Codfather’s legal team. In a petition filed in Massachusetts on 28 August, Conceicao Rafael claimed ownership of 50 percent of eight fishing vessels and three fishing companies – My Way Fishing, Corvo, and S & S Fishing – that are tentatively subject to forfeiture by the United States government in relation to her husband’s criminal case.

Read the full story at Seafood Source

Carlos Rafael’s wife petitions for right to claim vessels

August 30, 2017 — NEW BEDFORD, Mass. — Two parties, including Carlos Rafael’s wife, filed petitions in district court claiming they possess rights to the property listed in the preliminary order of forfeiture, according to court documents submitted Monday.

Conceicao Rafael, who is married to Carlos Rafael, laid out in 45 pages her “rights to certain property” listed in the preliminary order of forfeiture.

In seven more pages, Joao Camara laid out his argument to the rights to Southern Crusader II, one of the 13 vessels listed in the preliminary order of forfeiture. Camara claims ownership through a company named R and C Fishing Corp.

Carlos Rafael pleaded guilty to falsifying fishing quotas, tax evasion and smuggling cash in March. As part of the plea agreement, 13 vessels could be forfeited.

Conceicao’s petition includes statements that she was and remains a 50 percent owner with her husband in 11 “relevant companies.” As part owner in the companies, she listed 11 vessels where she possesses “equitable interest.”

Read the full story at the New Bedford Standard-Times