Mogul Carlos Rafael sentenced to 46-month term in prison. (Photo: darby99/Blogtrepreneur/CC BY 2.0)

'Codfather' Rafael receives 46-month sentence

UNITED STATES
Thursday, September 28, 2017, 22:20 (GMT + 9)

After having pleaded guilty in March to 28 offenses, including conspiracy, false labeling of fish, bulk cash smuggling, tax evasion and falsifying federal records, Carlos Rafael was sentenced to a 46-month prison term from a US District Court Judge.

The only hesitance the judge, William Young, displayed in handing down the sentence regarded the forfeiture of 13 groundfish vessels and permits. Young had the “gravest concerns” of the unconstitutionality of seizing all 13 permits. He planned to make his decision as soon as possible, South Coast Today reported.

Rafael, who had been nicknamed ‘The Codfather,’ is scheduled to report to prison in November. His attorney, William Kettlewell, requested the sentence be served at Fort Devens.

Young also ordered three years supervised release and a USD 200,000 fine. During Rafael’s time in prison and supervised release, Young barred him from having anything to do with commercial fishing.

The groundfish permits and vessels are valued between USD 27 million to USD 30 million, according to appraisals by the government and defense.

In court, Young repeatedly questioned the constitutionality of the forfeiture, citing the excessive fines clause in the Eighth Amendment. He said courts with higher authority have heard and decided that fines exceeding four-times the maximum guideline are unconstitutional.

To avoid an excessive fine, the prosecution argued that Rafael should be penalized the maximum amount for each of the 28 counts. The total, which equates to USD 5.6 million, would allow up to a USD 22 million fine.

NOAA’s guidelines call for the permits to be redistributed throughout the Northeast, which is why for months organizations and politicians have publicly called for redistribution or a deal that would remove Rafael from the industry. Many arguments focused on all 13, without consideration of a partial forfeiture.

The best scenario for New Bedford, as recommended by Mayor Jon Mitchell, would be a deal where Rafael sold his entire fleet to a buyer.

The defense revealed Richard and Ray Canastra as the buyers who entered a Memorandum of Agreement with Rafael last week.
 

Related articles:

- Sheriff’s office captain accused of helping ‘Codfather’ smuggle money
- Codfather’s associate convicted in cash smuggling scheme
- 'The Codfather’ pleads guilty of fishing quota fraud
- 'Codfather' seafood mogul pleads guilty in fish scam

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