Tag Archives: Judge William Young
Feds will keep only two of Carol Rafael’s seized vessels
More than a year after a judge ordered Carlos Rafael to forfeit four fishing vessels, the government will retain only two, according court documents obtained by The Standard-Times.,,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. >click to read<18:23
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
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
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
Judge separates Carlos Rafael trial from sheriff’s deputy Antonio Freitas – Carlos is up first
A federal district court judge on Monday did as some predicted and the criminal cases against New Bedford seafood mogul Carlos Rafael and sheriff’s deputy Antonio Freitas. Attorney Dan Cronin, representing Freitas, said Monday afternoon that Judge William Young in U.S. District Court in Boston also moved the start date of the trials to Feb. 6 because of scheduling conflicts. He decided Rafael would go first. Cronin had moved on behalf of Freitas that the cases be separated, but his motion was opposed on a technicality. Prosecutors agreed, however, with Rafael’s attorneys that trying both cases simultaneously would violate Rafael’s rights because of some of the things that Freitas has said in interviews that will actually be used against him and Rafael during the trial. Read the rest of the story here 08:42
