Tag Archives: Department of Justice
Virginia fisherman sentenced for illegally harvesting $37K worth of striped bass
A Virginia fisherman has been sentenced for illegally harvesting striped bass over the course of several years. Commercial fisherman Keith J. Martin, 52, was sentenced to four months in prison on Oct. 26. He was required to begin his sentence by noon Dec. 12. It was recommended by the court to the Bureau of Prisons that Martin be incarcerated in a medical facility. Upon his release, Martin was sentenced to three years of supervised release. On the condition of and for the duration of his supervised release, Martin will be prohibited from participating in any form of commercial fishing,,, >>click to read<< 09:11
DOJ will appeal court order forcing Southeast Alaska king salmon troll fishery closure
The United States Department of Justice will appeal a federal court order forcing the closure of the commercial king salmon troll fishery in Southeast Alaska. In early May, Washington U.S. District Court Judge Richard Jones upheld an earlier recommendation that the Southeast summer and winter king fisheries were catching too much of the food source of a dwindling population of Puget Sound’s Southern Resident killer whales, in violation of the Endangered Species Act. The defendant intervenors in the case, the Alaska Trollers Association and the State of Alaska, filed motions earlier this month calling for a “partial stay” of the order, pending an appeal to allow the fisheries to proceed. >click to read< 15:58
Virginia Man Pleads Guilty to Murder Aboard Commercial Scallop Boat
Franklin Freddy Meave Vazquez, 31, pleaded guilty to one count of murder in the second degree, one count of attempted murder, and one count of assault with a dangerous weapon. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for June 28, 2022. Meave Vazquez was indicted in November 2018. On Sept. 23, 2018, the scalloping vessel, F/V Captain Billy Haver, was sailing approximately 55 miles off the coast of Nantucket with seven crew members aboard, including Meave Vazquez and the three victims. Inside the shucking house, Meave Vazquez used a hammer to strike Victim A hard in the head into unconsciousness. Meave Vazquez then walked out onto the deck,,, >click to read< 22:17
Superseding Indictment Charges New York Fisherman with Conspiracy, Fraud and Obstruction
A federal grand jury in the Eastern District of New York unsealed a superseding indictment charging a fisherman with both conspiracy and substantive charges in connection with a scheme to illegally overharvest fluke and black sea bass. Christopher Winkler, 61, of Montauk, was charged with one count of conspiracy to commit mail fraud, to obstruct NOAA through the falsification of fishing logs, and to unlawfully frustrate NOAA’s efforts at regulating federal fisheries. The superseding indictment alleges that between May 2014 and February 2017, Winkler, as captain of the F/V New Age, went on at least 220 fishing trips where he caught fluke or black sea bass in excess of applicable trip limits. >click to read< 16:55
An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Maine Man Sentenced for Making Hoax Distress Call
A Rockland man was sentenced today in federal court for making a hoax distress call, Acting U.S. Attorney Donald E. Clark announced. U.S. District Judge Nancy Torresen sentenced Nathan Libby, 32, to time served and three years of supervised release. Libby was also ordered to pay $17,500 in restitution to the U.S. Coast Guard. He pleaded guilty on June 3, 2021. According to court records, on December 3, 2020, while at the Spruce Head Fisherman’s Co-op, Libby communicated a false distress call for a vessel and crew reportedly taking on water in the vicinity of Spruce Head. In response, the Coast Guard initiated a search,,, >click to read< 09:43
Kodiak Fisherman Sentenced to Prison and fined $1M for Lacey Act violation
According to court documents, James Aaron Stevens, 47, an experienced commercial fisherman, vessel owner and captain, pled guilty in November 2020 to falsely labeling fish in violation of the Lacey Act. Stevens, owner and operator of F/V Alaskan Star and F/V Southern Seas, falsely reported where he harvested 903,208 pounds of individual fishing quota (IFQ) halibut and sablefish. Stevens knowingly falsified numerous documents, IFQ landing reports, Alaska Department of Fish and Game fish tickets, and fishing logbooks, to show that he harvested fish in locations and regulatory areas where he did not fish and omitted areas where he actually fished. Stevens committed this offense over the course of 26 fishing trips spanning four IFQ fishing seasons (2014-2017). Taken together, the halibut and sablefish that Stevens falsely reported had an approximate dock value of $4,522,210 and market value of $13,566,630. Stevens sold the falsely labeled fish caught during these trips, which were, or were intended to be, transported in interstate and foreign commerce. >click to read< 19:08
Maine Man Pleads Guilty to Making Hoax Distress Call
On December 3, 2020, while at the Spruce Head Fisherman’s Co-op, Nathan Libby, 31, communicated a false distress call for a vessel and crew reportedly taking on water in the vicinity of Spruce Head. In response, the U.S. Coast Guard initiated a search lasting more than five hours, which included the use of a local Coast Guard vessel, a Maine Marine Patrol vessel, and a helicopter from Coast Guard Air Station Cape Cod. Further investigation identified Libby as the caller and the search was suspended as a hoax call. >click to read< 07:39
May Day! Maine man charged with false distress call to Coast Guard
Nathan Libby, of Rockland, is charged with making a false distress call to the Coast Guard on December 3rd, 2020 via VHF-FM radio channel 16. Based on the call, the Coast Guard initiated a search spanning more than five hours, which included the use of a local Coast Guard vessel, a Maine Marine Patrol vessel, and a helicopter from Coast Guard Air Station Cape Cod. A criminal complaint was filed on January 27th in the U.S. District Court in Portland against Libby, who faces up to five years in prison and a $250,000 fine if convicted of the crime. >click to read< 07:45
Kodiak Fisherman will Plead Guilty to Federal Charges for Falsifying Fishing Records, a Lacey Act violation
James Aaron Stevens, 46, of Kodiak, will plead guilty to one count of false labeling, a Lacey Act violation, for knowingly submitting false records concerning the locations and regulatory areas where fish were harvested. According to admissions made in connection with the plea, Stevens, the owner and operator of F/V Alaskan Star and F/V Southern Seas out of Kodiak, falsely reported individual fishing quota (IFQ) halibut and IFQ sablefish between 2014 and 2017. Specifically, Stevens knowingly falsified International Pacific Halibut Commission (IPHC) logbooks, Daily Fishing Logbooks, Alaska Department of Fish and Game fish tickets, and landing reports to show that fishing gear had been deployed in areas where the vessels did not fish, and omitted areas in which the fish were actually harvested. In addition to his falsified logbooks, the investigation further revealed that Stevens maintained the accurate fishing information in a separate, personal log. >click to read< 13:21
Product of USA??? President and Chief Executive sentenced, fined for mislabeling crab meat
Officials say Phillip Carawan sold foreign crabmeat that his company, Capt. Neill’s Seafood Inc., labeled as Blue Club from the United States.,, According to their plea agreements, the company and its owner admitted to repacking more than $4 million of crab meat from South America and Asia as jumbo domestically harvested blue crab. Most of the meat was sold to wholesale membership clubs, but officials say some was sold directly to retailers. >click to read< 07:32
Fishing Vessel Crew Member Held For Assault On The High Seas After Allegedly Stabbing Ship’s Captain Off Pensacola Coast
United States Attorney for the Northern District of Florida Lawrence Keefe today announced a criminal complaint against Robert Odom, a crew member on a commercial fishing vessel who allegedly attacked and wounded the vessel’s captain with a pellet gun and long-blade knife as the vessel was underway in the Gulf of Mexico off Pensacola. The criminal complaint against Odom, 46, was lodged by the United States Coast Guard Investigative Service. >click to read< 19:56
Hawaii longline fishing operator fined $475K for Clean Water Act violations
The complaint, filed today in the U.S. District Court for Hawaii, alleges five causes of action against six defendants, including Azure Fishery LLC company managersHanh Thi Nguyen and Khang Nguyen Dang, company member and prior owner Tuan Hoang, vessel operator Andy Hoang and current owner Linh Fishery LLC. In addition to the willful, oil discharges from the Jaxon T (now known as the St. Joseph) into the ocean offshore of Hawaii, the complaint alleges that the defendants failed to provide sufficient capacity to retain all oily mixtures on board. Also, the defendants routinely pumped a combination of fuel oil, lubricating oils, water, and other fluids from the vessel’s engine room bilge into the Pacific Ocean rather than retain the waste on board. >click to read<09:00
Maine Men Sentenced for Illegally Trafficking American Eels
Today, William Sheldon was sentenced in federal district court in Portland, Maine, to six months in prison followed by three years supervised release for trafficking juvenile American eels, also called “elvers” or “glass eels,” in violation of the Lacey Act,, Sheldon was also ordered to pay a fine of $10,000, forfeit $33,200 in lieu of a truck he used during the crime, and may not possess a license to purchase or export elvers as a special condition of his supervised release. Also sentenced today for elver trafficking offenses was Timothy Lewis, who received a sentence of six months in prison followed by three years supervised release, with the special condition that he too may not possess a license to purchase or export elvers. Lewis was also ordered to pay a $2500 fine. Thomas Reno was also sentenced today to one year probation. >click to read<08:57
Man Gets 56 Months for False Distress Calls, Threats to Coast Guard
A 39-year-old Newport News man was sentenced in Norfolk federal court on Tuesday to 56 months in prison for making a false distress call and threats to the U.S. Coast Guard, officials said.
Justin P. Stahmer was convicted of the crimes by a federal jury on Nov. 13, 2017, according to a U.S. Department of Justice news release. Court documents state that Stahmer made a false distress call on June 20, 2016 while several miles northeast of Cape Henry. >click to read<07:20
Report detailing enforcement abuses barred from fisherman’s trial
The first criminal trial of a Long Island fisherman charged in connection with a federal probe of a controversial fish-auction program is set to begin, but a report detailing fisheries enforcement abuses by the government has been barred from the trial. Lawyers for Northport fisherman Thomas Kokell, charged in a multi-count indictment with overharvesting fluke, argued in pretrial motions that a 2010 federal inspector general’s report detailing abuses and “overzealousness” by the National Marine Fisheries Service was vital to the defense. >click here to read< 21:35
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
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
Wanchese fisherman pleads guilty to federal charges
Gaston L. Saunders, 53, of Wanchese, pled guilty on Aug. 3 to federal charges regarding the illegal harvest and sale of Atlantic striped bass from federal waters. The charges stem from a 2010 Lacey Act investigation by NOAA, assisted by the Coast Guard. Since 1990, there has been a ban on harvesting Atlantic striped bass in the Exclusive Economic Zone (EEZ), which spans between three miles and 200 miles seaward of the coastline. Eleven other commercial fishermen have entered guilty pleas for conduct uncovered in the investigation. Saunders also pled guilty to one count of federal tax evasion and three counts of failure to file federal taxes. In the plea agreement, he agreed to pay restitution in the amount of $544,946.35 payable to the Internal Revenue Service. A sentencing hearing will be set at a later date. Saunders faces a total maximum sentence of 13 years imprisonment and/or a $800,000 fine. click here to read the story 14:19
Alaskan Commercial Fishing Couple Charged with Willful Failure to Pay Over $400,000 in Income Taxes on Income Earned for 13 Years
An Alaskan couple was charged in federal court in Juneau, Alaska today with four counts of willful failure to pay their individual income taxes, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg and Acting U.S. Attorney Bryan Schroder for the District of Alaska. According to the Information, Archie W. Demmert III and Roseann L. Demmert earned income from commercial fishing. The Information alleges that Archie Demmert owned Vetta Bay LLC, which owned the Demmerts’ fishing vessel, the Emerald Beauty. click here to read the press release 15:09
Tuna producers up to something fishy as they face conspiracy allegations
Executives of the most popular tuna brands in the U.S. — Chicken of the Sea, Bumble Bee and StarKist — conspired regularly to keep prices high for consumers with a taste for one of America’s favourite sandwich ingredients, according to criminal and civil court records updated this week. A typical can of tuna today costs about $1.50 and the U.S. Department of Justice says that price may be the result of price fixing by Thai, South Korean and U.S. seafood dealers, while major retailers are suing alleging they’ve been ripped off. The U.S. government began investigating criminal price fixing between the three companies more than two years ago. Together the companies supply about 80 per cent of the $1.7 billion of canned tuna sold annually in the United States, according to the court records. Following up, Walmart and other top retailers filed civil lawsuits. Click here to read the story 17:14
Pacific Seafood, DOJ in fiery clash over Newport expansion
Pacific Seafood Group, the industry’s billion-dollar behemoth, has thoroughly shaken up this bustling commercial fishing town with an expansion blitz that will increase its already dominant market position. But before going ahead with a deal to buy the hulking Trident Seafood processing plant in the heart of Newport’s Bayfront, the biggest player in the West Coast seafood business made what one lawmaker called an “unprecedented request.”,,, Pacific may have overplayed its hand. In a blistering response to the company late Thursday afternoon, the Department of Justice threatened to take enforcement action against the company unless it agrees to put the Trident plant on the market for a year and, short of a sale, operate it for at least three years. Click here to read the article 09:30
Captain of Fishing Vessel Pleads Guilty for Discharging Waste into the Ocean
A captain of the fishing vessel (F/V) Native Sun pleaded guilty Friday in federal court in Seattle, Washington, for discharging oily-waste directly into the ocean in violation of the Act to Prevent Pollution from Ships (APPS) and the federal conspiracy statute. Randall Fox pleaded guilty before U.S. District Court Judge Lasnik of the Western District of Washington to two criminal felony counts for violating APPS’ prohibition against discharging oily-wastes, namely machinery-space bilge water, directly into the ocean. According to court documents, Randall Fox, and other co-conspirators, repeatedly discharged the oil-contaminated bilge water into the ocean using unapproved submersible pumps and hoses. On at least one occasion, such a discharge left a sizable oily-sheen along the surface of the water that trailed alongside the F/V Native Sun. Trial for vessel owner Bingham Fox is currently set to begin March 21, 2017. Read the rest here 15:38
Princess Cruise Lines To Pay Largest-Ever Criminal Penalty For Deliberate Vessel Pollution
Princess Cruise Lines Ltd. (Princess) has agreed to plead guilty to seven felony charges stemming from its deliberate pollution of the seas and intentional acts to cover it up. Princess will pay a $40 million penalty– the largest-ever criminal penalty involving deliberate vessel pollution – and plead guilty to charges related to illegal dumping of oil contaminated waste from the Caribbean Princess cruise ship. The U.S. investigation was initiated after information was provided to the U.S. Coast Guard by the British Maritime and Coastguard Agency (MCA) indicating that a newly hired engineer on the Caribbean Princess reported that a so-called “magic pipe” had been used on Aug. 23, 2013, to illegally discharge oily waste off the coast of England. The whistleblowing engineer quit his position when the ship reached Southampton, England. The chief engineer and senior first engineer ordered a cover-up, including removal of the magic pipe and directing subordinates to lie. Read the story here 17:42
Tuna Vessel Operator Convicted for Oil Discharges Off American Samoa
An American tuna fishing company that regularly unloaded its catch in American Samoa, was convicted and sentenced today for discharging oil into the South Pacific and for maintaining false records, announced Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney Channing D. Phillips for the District of Columbia. The company, Pacific Breeze Fisheries LLC, owned the Fishing Vessel F/V Pacific Breeze, a tuna purse seiner that was responsible for the pollution. Pacific Breeze Fisheries admitted that its engineers failed to document the illegal dumping of oily bilge water into the waters off American Samoa without the use of required pollution prevention equipment. These discharges occurred on at least two occasions, in 2014 and 2015, before the vessel brought fish to a cannery in the port of Pago Pago, American Samoa. Read the rest here 14:11
Owner of Commercial Fishing Business and Local Sherrif’s Deputy Indicted in Scheme to Falsify Fishing Records
BOSTON – The owner of one of the largest commercial fishing businesses in the United States and a Bristol County Sheriff’s Deputy were charged in connection with a long-running scheme involving submitting falsified records to the federal government to evade federal fishing quotas and then smuggling the profits to Portugal. The federal indictment charging the two men was unsealed today after the arrest of the Sheriff’s Deputy. Carlos Rafael, 64, of Dartmouth, the owner of Carlos Seafood, Inc., was indicted on one count of conspiring to falsify reports submitted to the federal government, 25 counts of submitting falsified records and one count of bulk cash smuggling. Rafael was previously arrested on a criminal complaint filed in February 2016. Antonio Freitas, 46, of Taunton, a Sheriff’s Deputy with the Bristol County Sheriff’s Office, was indicted on one count of bulk cash smuggling and one count of structuring the export of U.S. currency. Freitas was arrested this morning and will appear today in U.S. District Court in Worcester. The charges arose out of an undercover investigation in which federal agents posed as organized crime figures interested in buying Carlos Seaford. Read the rest here 18:09
Owner and Captain indicted on conspiracy charges for dumping oil, pollutants into Blaine Harbor
Bingham Fox, owner of the fishing vessel Native Sun, and his son Randall Fox, the boat’s captain, first dumped the waste in 2011 and continued to do so into 2013, according to DOJ. The alleged discharges also were violations of the Clean Water Act and the Act to Prevent Pollution from Ships. The Thursday, April 7, indictment comes after an investigation by the U.S. Coast Guard. The indictment alleges that the Foxes purchased the Native Sun without a functioning bilge system to separate waste from water to be appropriately discarded later. Instead of repairing the system the Foxes installed a series of hoses and pumps, and ran the hoses out of the engine room and over the side of the boat. Read the rest here 09:28 photo shipspotting.com
House votes to slash climate research, block new red snapper fishing plan, and ‘ocean zoning’ funding
The $51.4 billion spending bill would fund the fiscal 2016 budgets for the Department of Commerce, the Department of Justice, NASA, the National Science Foundation and related agencies. NOAA — which is housed within Commerce — would get about $5.2 billion, a cut of more than $270 million to its current budget. The Obama administration criticized the climate research cut — as well as a $200 million cut to earth science missions in NASA’s budget — in a veto threat of the overall spending bill released Monday. The statement of administration policy also takes aim at Republicans’ decision not to include $147 million for a new ocean survey vessel,,, Read the rest here 17:41
Feds support vacating 1958 judgment against lobstermen’s group
The decree was a result of a lawsuit the Department of Justice brought against the organization in 1957, after federal officials became concerned that members of the group were trying to fix the market by setting a minimum price that lobstermen would be paid for their catch. Read more here 08:53
Four Commercial Fishermen Indicted in Maryland for Illegal Harvest and Interstate Sale of Striped Bass from Chesapeake Bay
According to court documents, Michael D. Hayden Jr., his company, William J. Lednum, Kent Sadler and Daniel Murphy engaged in a multi-year conspiracy during which time they harvested tens of thousands of pounds of striped bass on the Chesapeake Bay in violation of Maryland fishing regulations, falsified documents filed with the State of Maryland, and then transported and sold those poached fish in interstate commerce. [email protected] 01:00
