Tag Archives: excessive fines clause
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
