Government doubles down on appealing judge’s “Codfather” vessel forfeiture decision
The government appealed a judge’s decision on forfeiture of Carlos “Codfather” Rafael’s numerous vessels and fishing permits for the second time in a week.
Judge William Young denied the United States government’s request to overturn his decision on forfeiture of Rafael’s fishing vessels on 25 October. This week, the government said it would appeal Young’s decision to the U.S. Court of Appeals for the First Circuit.
While the government said Rafael should forfeit all 13 vessels and permits associated with his guilty plea in the cash smuggling and tax evasion case, Young ordered the forfeiture of only four vessels and their accompanying permits.
Even after Young ordered the forfeiture of four vessels, Rafael still possesses at least 24 boats and 34 permits, South Coast Today reported.
The government said that the court disregarded the maximum possible fine of USD 250,000 (EUR 215,507) when making a decision on the forfeiture, and that the value of the 13 vessels and permits are approximately 10 times the maximum fine under sentencing guidelines, according to a SouthCoastToday article.
Rafael is scheduled to begin his 46-month prison sentence on 6 November.