Tag Archives: U. S. District Court Judge William Young
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
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
Carlos ‘Codfather’ Rafael, Bristol County sheriff’s deputy seek seperate trials
New Bedford fishing kingpin Carlos Rafael and the Bristol County sheriff’s deputy indicted as Rafael’s co-defendant each are seeking to be tried separately in U.S. District Court in Boston. Rafael, known widely as “The Codfather” because of his vast New Bedford fishing assets and waterfront holdings, and Antonio M. Freitas, the Bristol County deputy sheriff, are scheduled to stand trial together on Jan. 9. Attorneys for both men filed separate motions with the court earlier this week to sever the cases. The motions also seeks to have the court try each defendant separately, each claiming the other’s statements to law enforcement officials would injure their own cases if tried together. Both men have pleaded not guilty to the charges. “A joint trial presents a serious risk of compromising Mr. Rafael’s Sixth Amendment confrontation rights in light of incriminating evidence made to law enforcement by Mr. Freitas,” William Kettlewell, Rafael’s defense attorney, wrote in his motion to U. S. District Court Judge William Young. “Moreover, severance in this case would not be administratively burdensome as the defendants are jointly named in only one of 28 counts alleged in the indictment.” Read the story here 08:14
