Tag Archives: Carlos Rafael
What’s fair in breaking up the empire of ‘the Codfather’?
Randy Cushman, a fourth generation fisherman in Maine, knows what the crimes of Carlos Rafael cost him.,,, Rafael, whose downfall came after he boasted of his scheme to undercover IRS agents posing as Russian mobsters, is now serving a 46-month sentence in federal prison.,,, Senator Elizabeth Warren fired off a letter in August warning of “needless, immense damage” if permits leave New Bedford. Governor Charlie Baker asked that the permits at least stay in Massachusetts. click here to read the story 07:16
It’s devestating’: Fishermen try to cope as NOAA shuts down groundfishing
Cesar Verde only knows fishing. The New Bedford resident learned the craft in his native Portugal. For the past seventeen years, he’s worked in the fishing industry in his new home, and he’s been a captain for the past decade. However, for the last two weeks, he’s been out of the water because NOAA prohibited Carlos Rafael’s vessels from groundfishing. Verde captains fishing vessel Ilha do Corvo. “So far, (I’m) pitching in on the little savings I have. Soon I’ll run out.” click here to read the story 20:24
Fishermen voice concerns over fallout from Rafaels crimes
A century’s worth of fishing industry experience traveled from New Bedford to the Viking Hotel on Wednesday to describe the impact on NOAA’s groundfish ban on Carlos Rafael’s vessels. Richie Canastra, an owner of the New Bedford fish auction BASE, sat in front of the New England Fisheries Management Council during a public comment portion of it’s meeting and warned of “many layoffs” that will occur because of the ban. click here to read the story 21:02
“It’s a symptom of poor policy”- Codfather Arrest Shines Light on Fishing System
Members of the dwindling Vineyard fishing community who have been watching the proceedings say the tale is a sad commentary on the state of the industry and highlights flaws in its regulation. “It’s a symptom of poor policy,” said Wes Brighton, a Vineyard fisherman and one of the only Islanders to hold a federal commercial groundfishing permit. Mr. Brighton fishes for lobster, conch, monkfish, and some cod from his boat Martha Elizabeth. The system creates an imbalance, he said, giving independently-owned family fishing businesses little access to the fisheries and allowing larger corporations the ability to consolidate fishing permits and quota. click here to read the story 08:49
‘Codfather’s’ fraud leaves New Bedford fishing permits on ice, and lot of people out of work
South Coast officials and seafood industry interests were stunned by Monday’s federal decision to shut down a sector with ties to disgraced fishing magnate Carlos Rafael, a decision they say will cut into the livelihoods of fishermen during the holiday season and beyond. “The ruling itself was unexpected,” said Andrew Saunders, a New Bedford attorney retained two months ago by Northeast Fishery Sector 9, one of 19 non-profit entities set up to manage fishing industry operations in the face of strict catch limits imposed by the federal government.,, New Bedford Mayor Jon Mitchell says there’s collateral damage involved for people in the New Bedford area whose jobs are tethered to the harvesting of groundfish such as cod, flounder and haddock. click here to read the story 10:48
NOAA Bans Rafaels Vessels from Groundfishing
Calling its actions “unprecedented” NOAA announced Monday that Carlos Rafael’s vessels are banned from catching groundfish for the foreseeable future. The government agency also said the vessels currently at sea on a groundfish trip must return to port, where they will be allowed to unload and sell their catch. click here to read the story 13:11
Fishing fleet dominated by ‘Codfather’ grounded – Jailed New Bedford fishing mogul Carlos Rafael’s empire, once one of the largest fish businesses in the country, continues to crumble. click here to read the story 13:31
Northeast Multispecies Fishery; Disapproval of Northeast Fishery Sector IX Operational Plan
Through an Interim Final Rule filed this morning, NOAA Fisheries withdraws approval of the 2017 and 2018 Northeast Fishery Sector IX operations plan. The Regional Administrator determined that the sector and its participants have not complied with the requirements of their approved operations plan, and that the continuation of the Sector IX operations plan will undermine achievement of the conservation and management objectives of the Northeast Multispecies Fishery Management Plan. This action follows the guilty plea and sentencing of Mr. Carlos Rafael, a major participant in Sector IX, who admitted to falsely reporting catch information. click here to read the press release 12:24
New England Council Supports Regional Administrator’s Action to Enforce GroundfishSector IX Operations Plan – click here to read press release 16:06
The Codfather is Finally In Jail. But Who Is He?
Until his downfall this year, Carlos Rafael, the 65-year-old fishing magnate from New Bedford, Massachusetts owned 36 boats and controlled about one-fifth of the New England cod market. With a business allegedly worth upwards of $100 million, which included a processing facility and various distribution channels, Rafael was one of the biggest players in the North American fish market. ,,, “I hustled a lot of fisherman,” he once admitted. “But shame on them they did not know better.” ,,, “I am a pirate,” he once told a group of federal fisheries regulators. “It’s your job to catch me.” click here to read the story 23:01
‘The Codfather’ expected to report to prison today
A New Bedford fishing magnate who pleaded guilty to multiple charges is expected to report to prison Monday to begin his sentence. Carlos Rafael — also known as “The Codfather” — will serve about four years on charges of smuggling, falsifying documents and evading fishing quotas. He’ll also have to serve three years’ probation and pay fines of up to $200,000. link 10:03
Feds intend to appeal forfeiture deal in Codfather case
Federal prosecutors are not going quietly in their quest to exact far more assets from convicted fishing mogul Carlos Rafael. The U.S. Attorney’s office on Wednesday filed a motion of its intent to appeal the court-ordered plan to seize only four of Rafael’s vessels and their accompanying 34 permits instead of the 13 vessels and accompanying permits sought in the forfeiture plan developed by prosecutors. click here to read the story 16:09
Sheriff’s captain accused of helping ‘Codfather’ smuggle cash
A Captain with the Bristol County Sheriff’s Office was indicted yesterday by a federal grand jury in connection with helping Carlos Rafael, the owner of one of the largest commercial fishing businesses in the U.S., smuggle the profits of his illegal overfishing scheme to Portugal. Jamie Melo, 45, of North Dartmouth, Mass., was indicted on one count each of bulk cash smuggling, structuring and conspiracy. In August 2017, Melo was arrested and charged in a criminal complaint. click here to read the story 10:46
Judge denies feds’ motion for Carlos Rafael to forfeit more vessels, permits
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 judgement. 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. click here to read the story 19:13
Vessels Seized – Feds stake claim on 4 of Carlos Rafael’s boats
The government staked its claim to four of Carlos Rafael’s vessels on Wednesday. U.S. Marshals and agents from the Coast Guard Investigative Service boarded the Lady Patricia by Leonard’s Wharf, Olivia & Rafaela and the Southern Crusader II beyond Homer’s Wharf around noon. The fourth vessel, the Bull Dog, was seized at another port. The U.S. Department of Justice said Wednesday the seized vessels will brought to an “undisclosed location.” For more than an hour after arriving, agents allowed anyone with personal property on the vessels to remove it. click here to read the story 08:25
NOAA has yet to determine fines and penalties in civil case involving Carlos Rafael
So far, New Bedford fishing mogul Carlos Rafael has lost a fraction of his fishing empire after pleading guilty to 23 counts of false labeling and identification of fish, as well as cash smuggling, conspiracy, falsifying federal records and tax evasion. He was found guilty and sentenced to nearly four years in jail last month. But there could be millions more in fines and penalties as the National Oceanic and Atmospheric Administration decides what civil measures to impose on Rafael. Fishermen and environmental groups have been lobbying for that money to go toward restoring the fishery, and many would like to see it pay for better monitoring of what fishermen catch at sea and land on shore. click here to read the story 12:47
Civil penalities from NOAA could be next for Carlos Rafael
Judge William Young’s judgment filed Wednesday appeared to be the finish line to Carlos Rafael’s case. Young, though, by ordering the forfeiture of four vessels and every permit associated with the Bull Dog, the Olivia and Rafaela, the Lady Patricia and the Southern Crusader II began a new ripple effect throughout the commercial fishing industry revealing some questions but very little answers. It’s likely NOAA will take center stage now that the Department of Justice has closed its case. NOAA can bring civil penalties to Rafael. click here to read the story 09:47
BREAKING: Judge orders Carlos Rafael to forfeit 34 permits and 4 boats
Carlos Rafael must forfeit four fishing vessels with an appraised value of $2.2 million and 34 permits as ordered by District Judge William Young on Wednesday. In a 16-page Memorandum and Order Concerning Forfeiture, Young described the methods he used in determining forfeiture, which includes the “Bulldog” along with eight permits, the “Olivia and Rafaela” with its 11 permits, the “Lady Patricia” and its four permits and the “Southern Crusader II” and its 11 permits. click here to read the story 14:23
Codfather must forfeit 4 vessels, 34 permits – Young said he refrained from adding the 88-foot Athena and the 81-foot Hera II to the list of forfeited vessels because the two boats “have scalloping permits and scalloping is not involved in this wrongdoing.” click here to read the story 
Senator Warren: New Bedford should keep Rafael’s fishing permits
And another voice enters the fray. Massachusetts Sen. Elizabeth Warren has weighed in on the debate over the ultimate fate of Carlos Rafael’s seized commercial fishing permits, saying in a letter to NOAA Fisheries the permits should remain in New Bedford. “It has been reported that (Rafael’s) fishing permits may be cancelled or seized by the federal government and I am urging you to do everything possible to ensure that those permits stay in the port of New Bedford,” Warren wrote to Chris Oliver, NOAA Fisheries’ assistant administrator for fisheries. “Not doing so has the potential to devastate the local economy and effectively punish numerous innocent workers and businesses in New Bedford for Mr. Rafael’s crimes.” click here to read the story 18:57
Canastra Brothers Offering $93 Million for ‘Codfather’s’ Fishing Fleet
One of the owners of the Whaling City Seafood Display Auction in New Bedford is shedding more light on a proposed deal to buy the “codfather’s” fishing fleet. Carlos Rafael has been sentenced to 46 months in prison for his illegal fishing scheme, and cannot be involved in the fishing industry during that time and three years after his release. In an exclusive interview with WBSM’s Phil Paleologos, Richard Canastra confirms he and his brother, Ray, have entered into a memorandum of agreement with Rafael to buy his business, Carlos Seafood, Inc, for $93 million. Video, click here to read the story 16:41
Deal between Rafael, Canastra brothers worth $93M, still needs government OK – While the Canastras and Rafael have agreed, the deal isn’t complete. NOAA and the U.S. Attorney haven’t taken a final position on the proposed sale, according to court documents click here to read the story21:03
Our view: ‘Codfather’ case highlights failings of regulatory system
Rafael, the 65-year-old New Bedford-based fishing magnate, admitted to a judge earlier this year that he had lied to federal fishing regulators about the nature and size of his groundfish landings and bulk smuggling. At sentencing last week, U.S. District Judge William G. Young rejected the argument from the man who liked to call himself “The Codfather” that the fraud was necessary to protect the jobs of his workers. “This was stupid,” Young told Rafael. “This was a corrupt course of action from start to finish. It’s a course of action of extensive corruption designed to benefit you, to line your pockets. That’s what it is and that’s why the court has sentenced you as it has.” Good for Young for handing down a stiff sentence (Rafael was seeking probation). The Codfather’s story, however, does not end here. His arrest and prosecution laid bare a broken regulatory and monitoring system. click here to read the op-ed 09:37
Constitutionality of seizing Carlos Rafael’s permits in question
Judge William Young decided half of Carlos Rafael’s fate on Monday: The New Bedford fishing mogul was sentenced to 46-months in prison with three years supervised release and a $200,000 fine. The other half, which Young continues to take under advisement, involves the 65-year-old’s 13 groundfish vessels and permits. In court Monday, Young repeatedly questioned the constitutionality of the forfeiture, citing the excessive fines clause in the Eighth Amendment. “I have grave doubts given the value of the vessels and permits,” Young said. ”…That the appraised value doesn’t exceed four times a maximum guidelines fine.” click here to read the story 08:41
“This is the stupidest thing I ever did,” ‘Codfather’ is sentenced to 46 months for skirting tax and fishing regulations
Carlos Rafael, the New Bedford, Mass. fishing magnate whose brash business style earned him the nickname “The Codfather,” was sentenced to nearly four years in prison Monday for tax evasion and flouting fishing quotas, a case that could impact the ability of hundreds of fishermen to continue working out of the port where he ran his illicit enterprise. In the federal courthouse in Boston, Rafael, 65, told US District Judge William G. Young he mislabeled more than 700,000 pounds of fish not out of greed, but to protect workers whose jobs were threatened by limits on dwindling cod stocks. click here to read the story 15:04
And just four years ago, we posted this article that should be revisited at this time. Carlos Rafael and His Fish Are the American Dream – click here to read the story.
Owner of One of the Nation’s Largest Commercial Fishing Businesses Sentenced for Falsifying Records & Smuggling Proceeds Abroad, US Justice Dept. click here to read the presser
Headed for the Slammer! – Carlos Rafael sentenced to 46 months in prison
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. click here to read the story 17:08 There will be updates to this story
Codfather gets nearly 4 years – click here to read the story 18:05
Day’s of Reckoning – Feds seek prison time for Carlos Rafael; sentencing Monday, Tuesday
More than a year and half after “The Codfather” was arrested, the fate of Carlos Rafael and 13 of his fishing permits will be decided Monday and Tuesday. In March, Rafael, 65, pleaded guilty to falsifying fishing quota, bulk cash smuggling and tax evasion. His sentencing was originally scheduled for June 27. A few delays later, the case is set to wrap up Monday and Tuesday in front of Judge William Young in U.S. District Court in Boston. The government and the defense each filed to the court Wednesday their recommendation for Rafael’s sentencing. Here’s a summary of the nearly 70 pages of documents. click here to read the story 07:51
‘The Codfather’ case puts federal fishing regulations to the test – For 30 years, Carlos Rafael, better known in New England fishing circles as “the Codfather,” has brazenly billed himself as the industry’s most successful outlaw. click here to read the story 13:19
Unconstitutional? Carlos Rafael argues against vessel forfeiture, poses new buyer for fleet
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. click here to read the story 15:22
Local buyer for Carlos Rafael’s fishing permits, court documents say – Two prominent businesses in New Bedford possess the means to acquire the permits based on financial means and ability to operate a fleet of that size: Whaling City Seafood Display Auction and Eastern Fisheries. Neither returned requests for comment. click here to read the story 9/21, 16:09
Hang him! Hang him high!
OK, OK, I get it! Carlos Rafael, aka, “The Codfather,” has done some pretty reprehensible things while amassing what seemingly is the largest percentage of ownership of the US multispecies groundfish fleet. I am not going to try to defend his actions, or his reasoning, but I would like to point out that there is plenty of guilt to go around and some people should not be so quick to point their finger at him alone. What is it that they say about casting the first stone? Apparently, among his sins is his aforementioned ownership of the largest fleet of multi-species groundfish vessels, as well as some scallop vessels. While this may be true, let us ponder what enabled, abetted, and allowed him to gain such an advantage over everyone else. At this point, he wasn’t breaking the law, he was only taking advantage of it, and of those who most fervently wanted it! click here to read the op-ed 09:27
Conservation Law Foundation submits victim impact statement in Carlos Rafael case
Within the past 10 days, the Conservation Law Foundation sent three letters to various individuals involved — either directly or indirectly — with the Carlos Rafael case. The foundation doesn’t represent any party directly, but its goal is to “use the law, science and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy,” according to its website. CLF sees Rafael’s guilty plea in March to illegal fishing as infringing on its principles. click here to read the story 21:18
Bristol County Sheriff’s Dept. captain charged with smuggling in Rafael case
A captain with the Bristol County Sheriff’s Office was arrested and charged late Wednesday in connection with helping Carlos Rafael, the owner of one of the largest commercial fishing businesses in the U.S., smuggle the profits of his illegal overfishing scheme to Portugal, the U.S. Attorney’s Office said. James Melo, 45, of Dartmouth, was charged with one count each of bulk cash smuggling, structuring and conspiracy. He was released on a $10,000 unsecured bond following his appearance in federal court in Boston late this afternoon, authorities said in a news release. click here to read the story 10:37
Carlos Rafael’s wife petitions for right to claim vessels
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. Both Conceicao and Camara, through their attorneys, argued the assets aren’t subject to forfeiture because “at the time of any illegal act” by the defendant neither was “privy to any illegal act.” click here to read the story 07:57
Rep. William Straus request reveals NOAA has yet to penalize Rafael
Through a public records request, Rep. William Straus said he discovered that NOAA hasn’t disciplined Carlos Rafael since the indictment has been released. That included an incident on Aug. 5, 2016, which occurred after the indictment, where public records also show that the Coast Guard cited the Lady Patricia, a Rafael vessel listed in the indictment, for “fishing without proper VMS designation.” NOAA defines its Vessel Monitoring System (VMS) as a system supporting law enforcement initiatives and preventing violations of laws and regulations. It is used as evidence in the prosecution of environmental laws and regulations including regional fishing quotas, the Endangered Species Act, and the Marine Mammal Protection Act. click here to read the story 21:40
Mass delegation supports putting Carlos Rafael’s forfeiture toward electronic monitoring
John Bullard wants to arm fishing vessels with a smartphone — figuratively speaking. “Nobody has rotary phones anymore, we just assume smartphones are the way we communicate and all the benefits of smartphones we’ve come to expect as normal,” Bullard said. ”(Electronic monitoring) is what we’re going to transition to, but it’s going to take time.” NOAA’s Northeast Regional director said he believes current methods can lead to inaccurate science. Last week, NOAA conducted a fishing stock assessment meeting in New Bedford where similar concerns of bad science emerged. The root of the concern was data from false reports. Electronic monitoring, specifically cameras on vessels, would provide accurate information. click here to read the story 21:39
