Seafood supplier allegedly falsified federal quotas
Business owner Carlos A. Rafael, 64, and his bookkeeper, Debra Messier, 60, both Dartmouth residents, were arrested on Feb. 26 and charged with conspiracy and submitting falsified records to the federal government.
The complaint alleges that for years Rafael and Messier intentionally lied about the amount and types of fish his boats caught in an attempt to avoid federal quotas that guarantee the sustainability of certain fish populations. In addition to provided incorrect data, Rafael sold fish to a business in New York City for cash.
According to the U.S. Department of Justice, the New Bedford-based company, Carlos Seafood, Inc., is “one of the largest commercial fishing businesses in the northeastern United States.”
In a release from United States Attorney Carmen M. Ortiz’s office, it’s stated that the charges came about following an investigation in June 2015. Two undercover agents posed as organized crime figures from Russia and met with Rafael to negotiate purchasing the business.
In those meetings, Rafael allegedly provided the undercover agents with information about how he operated off the books by selling fish for cash.
In court documents, Rafael is quoting in conversation with the undercover agents, saying, “You could be the IRS in here… The only thing is, I open myself because both of you is Russians and I don’t think they would have two Russians [posing as agents]…that would be some bad luck!”
In Jan. 2016, Rafael and Messier allegedly gave a thorough explanation of what they referred to as “the dance” – the process by which Rafael and others coordinated with boat captains to falsify federal fishing records.
According to the Department of Justice, Rafael told the undercover agents that his most recent dealing with a New York City buyer resulted in him earning $668,000 in less than six months.
Court documents also allege that Rafael “launders the proceeds of those unlawful activities by smuggling cash out of the United States and concealing it in Portuguese bank accounts.”
Officials said that the charge of submitting falsified federal records can result in up to 20 years in prison, three years of supervised release and a $250,000 fine. Conspiracy charges can result in a sentence of no greater than five years in prison, three years of supervised release and a $250,000 fine. The release notes that actual sentences for federal crimes are often less than the maximum penalty.
The case is being prosecuted by Andrew E. Lelling, of Ortiz’s Economic Crimes Unit, and David G. Tobin, of Ortiz’s Major Crimes Unit.