Dartmouth resident and fishing mogul Carlos Rafael is fighting the federal government’s attempt to seize his fishing vessels.

The fisherman and owner of Carlos Seafood, better known as “The Codfather,” pleaded guilty in March 2017 to a long list of federal charges in connection with a scheme to dodge federal fishing quotas and smuggle the profits to Portugal. As part of the guilty plea, Rafael admitted specific properties could be subject to forfeiture because they were either the subject of or used to break the law.

The U.S. Attorney’s Office in Boston filed a motion for a preliminary order of forfeiture in Boston Federal Court on August 14, seeking to seize 13 fishing vessels and their accompanying commercial fishing permits.

As part of the guilty plea, Rafael did reserve the right to challenge the proportionality of the seizure under the Eighth Amendment to the United States Constitution, which protects against “excessive fines imposed” against defendants in a court of law.

In response, Rafael’s attorney William Kettlewell filed an opposition to the motion, and instead of requesting a hearing to discuss the Eighth Amendment issue, asked the judge to have that discussion during his sentencing hearing instead, which is scheduled for September 25-26. He hinted that a resolution to the issue could come before then.

“[T]he parties have been discussing possible resolutions of the forfeiture issues that may obviate the need for briefing and hearings on those issues,” read Rafael’s court filing.

Federal prosecutors alleged the 65 year old filed false reports to the National Oceanic and Atmospheric Administration, claiming to have caught fish species classified as abundant, such as haddock, between 2012 and 2016. In actuality, the fish were cod, sole, and other species with strict federal quotas, according to a press release issued by the U.S. Attorney's Office.

During an investigation, Rafael told two undercover agents posing as Russian organized crime figures his scheme netted him $668,000 in less than six months through dealings with a New York City buyer.

Carlos Seafood owns 32 fishing vessels and holds 44 permits, making it one of the largest commercial fishing businesses in the United States, according to the U.S. Attorney’s Office.