Tag Archives: Carlos Rafael’s permits
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
New Bedford Mayor Mitchell sends NOAA letter requesting Rafael permits stay in New Bedford
Mayor Jon Mitchell penned a letter to NOAA regarding Carlos Rafael’s permits, (click here to read the letter) a day after Maine’s congressional delegation signed a letter regarding the permits. In an argument consisting of four pages, Mitchell provided legal precedent for the Department of Justice and NOAA to punish Rafael, while also keeping the 13 fishing permits in question in New Bedford. He likens Rafael’s case to those cases involving wrongdoing by the head of a large business. He states, “It is common for the government to tailor punishment so as to avoid harm to others who were not involved.” Rafael’s business employ 285 fishermen. Mitchell suggested Rafael sell his entire business to other New Bedford companies, forfeiting the proceeds to the government. It would entirely exclude Rafael from fishing despite possessing more permits than the 13 in question. click here to read the story 11:33
