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United States v. Rafael

United States District Court, D. Massachusetts

October 11, 2017

UNITED STATES OF AMERICA,
v.
CARLOS A. RAFAEL, Defendant.

          MEMORANDUM & ORDER CONCERNING FORFEITURE.

          WILLIAM G. YOUNG DISTRICT JUDGE.

         The government here seeks forfeiture of the following fishing vessels and permits (collectively "Vessels and Permits"):

1. one fishing vessel named "Athena, " bearing vessel identification number 1122803 and permit number 410604;
2. one fishing vessel named "My Way, " bearing vessel identification number 603431 and permit number 330309;
3. one fishing vessel named "Hera, " bearing vessel identification number 945600 and permit number 410501;
4. one fishing vessel named "Hera II, " bearing vessel identification number 1113613 and permit number 410612;
5. one fishing vessel named "Poseidon, " bearing vessel identification number 613018 and permit number 330379;
6. one fishing vessel named "Lady Patricia, " bearing vessel identification number 1028791 and permit number 330200;
7. one fishing vessel named "Destiny, " bearing vessel identification number 1031278 and permit number 330764;
8. one fishing vessel named "Olivia & Rafaela, " bearing vessel identification number 553777 and permit number 330236;
9. one fishing vessel named "Hercules, " bearing vessel identification number 669933 and permit number 330552;
10. one fishing vessel named "Sasha Lee, " bearing vessel identification number 909149 and permit number 330795;
11. one fishing vessel named "Drake, " bearing vessel identification number 618310 and permit number 410246;
12. one fishing vessel named "Bulldog, " bearing vessel identification number 937040 and permit number 410471; and
13. one fishing vessel named "Southern Crusader II, " bearing vessel identification number 1038917 and permit number 330904.

         I. FACTUAL FRAMEWORK[1]

         On March 30, 2017, the defendant Carlos A. Rafael ("Rafael") pled guilty to twenty-three counts of false labeling and identification, in violation of the Lacey Act, 16 U.S.C. §§ 3372(d) and 3373(d).[2] Rafael owns the "Athena" outright and has a one-half interest in the remainder of the fleet. Based on the current market, the estimated gross value of the Vessels and Permits is approximately $30, 000, 000 and there are approximately $2, 000, 000 to $3, 000, 000 in liens and attachments ...


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