Andy Cre8tive
1973 Fishing Vessel "Olivia & Rafaela"
Carlos Rafael, who will start his 46-month prison sentence for skirting federal regulations and tax evasion on Nov. 6, must forfeit four fishing boats and 34 related permits used in his illegal scheme, a federal judge ruled on Wednesday, Oct. 11.
His ownership stake in the forfeited assets is reportedly $2.6 million.
Prosecutors wanted Rafael to forfeit 13 boats and 13 groundfish permits in their filing but U.S. District Court Judge William G. Young, after initially hesitating and questioning the constitutionality of such a high-value forfeiture, opted for a forfeiture involving more permits and fewer boats.
In Young’s issued memorandum, he ordered that Rafael must surrender "all right, title and interest" to the 75-foot Bulldog and its eight permits, the 71-foot Olivia & Rafaela and its 11 permits, the 75-foot Lady Patricia and its four permits and the the Southern Crusader II and its 11 permits.
Only four of the forfeited permits are for groundfish.
Young specifically mentioned the 88-foot Athena and the 81-foot Hera II in his statement, noting that he refrained from adding them to the list of forfeited boats because they "have scalloping permits and scalloping is not involved in this wrongdoing."
The memorandum states that Rafael owns the Athena outright and that he has a one-half interest in the remainder of the fleet. The document estimates the gross value of Rafael’s vessels and permits is approximately $30 million, minus between $2 million and $3 million in liens and attachments, bringing the value down to somewhere between $27 million and $28 million.
"Rafael owns and operates one of the largest groundfish fleets in the United States and, for decades, he had continuously ignored and circumvented the regulatory restrictions on commercial fishing applicable to all fishermen," Young wrote in his ruling. "Here Rafael committed 23 Lacey Act violations, encompassing 782,812 pounds of fish (over 364 tons), and his actions impacted the entire New England fishery."
1973 Fishing Vessel "Olivia & Rafaela"
Carlos Rafael, who will start his 46-month prison sentence for skirting federal regulations and tax evasion on Nov. 6, must forfeit four fishing boats and 34 related permits used in his illegal scheme, a federal judge ruled on Wednesday, Oct. 11.
His ownership stake in the forfeited assets is reportedly $2.6 million.
Prosecutors wanted Rafael to forfeit 13 boats and 13 groundfish permits in their filing but U.S. District Court Judge William G. Young, after initially hesitating and questioning the constitutionality of such a high-value forfeiture, opted for a forfeiture involving more permits and fewer boats.
In Young’s issued memorandum, he ordered that Rafael must surrender "all right, title and interest" to the 75-foot Bulldog and its eight permits, the 71-foot Olivia & Rafaela and its 11 permits, the 75-foot Lady Patricia and its four permits and the the Southern Crusader II and its 11 permits.
Only four of the forfeited permits are for groundfish.
Young specifically mentioned the 88-foot Athena and the 81-foot Hera II in his statement, noting that he refrained from adding them to the list of forfeited boats because they "have scalloping permits and scalloping is not involved in this wrongdoing."
The memorandum states that Rafael owns the Athena outright and that he has a one-half interest in the remainder of the fleet. The document estimates the gross value of Rafael’s vessels and permits is approximately $30 million, minus between $2 million and $3 million in liens and attachments, bringing the value down to somewhere between $27 million and $28 million.
"Rafael owns and operates one of the largest groundfish fleets in the United States and, for decades, he had continuously ignored and circumvented the regulatory restrictions on commercial fishing applicable to all fishermen," Young wrote in his ruling. "Here Rafael committed 23 Lacey Act violations, encompassing 782,812 pounds of fish (over 364 tons), and his actions impacted the entire New England fishery."