Rafael to Keep Majority of His Vessels, Permits Despite Cheating, Judge Destroys NOAA Enforcement
SEAFOODNEWS.COM by John Sackton [News Analysis] October 11, 2017
Federal District Court Judge William Young issued a stunning decision in Boston today denying the government’s right to seize 13 vessels and permits from Carlos Rafael.
Instead of approving the forfeiture of 13 vessels, Judge Young allowed the seizure of only four vessels and their permits, representing a value of $2,258,850. The other 9 vessels and permits, including the two vessels that also have scallop permits, were left to Rafael to sell or dispose of as he sees fit.
The court accepted without question that Rafael was guilty of a crime for which the Lacey Act mandated forfeiture of vessels.
But the Judge then got hung up in a long discussion of the constitutionality of the value of such a forfeiture.
It appears that NOAA’s lawyers and the Justice Department completely failed to assert their absolute control over permits regardless of their market value...
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