The Jersey Lawyer

The Wall Street Journal recently reported in a cover story on the swelling ranks of federal law enforcement, that “[f]or years, the public face of federal law enforcement has been the Federal Bureau of Investigation.  Today, for many people, the knock on the door is increasingly likely to come from a dizzying array of other police forces tucked away inside lesser-known crime-fighting agencies.”  An excellent example of this is a recent criminal complaint filed in Newark federal court by the National Oceanic and Atmospheric Administration (“NOAA”) charging D.C. Air & Seafood, Inc., a seafood company located in Maine, and five individuals with a conspiracy to falsify records and obstruct justice in connection with the alleged overharvesting of Atlantic Sea Scallops off the coast of New Jersey.  The individuals charged in the criminal complaint, owner Christopher Byers, and fishermen George Bamford, Robert Hersey, Daniel Mahoney, and Michael McKenna face up to twenty years in prison if convicted.

In the Complaint, special agents of the NOAA allege that from March 2007 through March 2008, the Company and the individuals conspired with each other and others to knowingly making and submitting false Fishing Vessel Trip Reports in order to conceal a conspiracy to overharvest Atlantic Sea Scallops in violation of federal criminal law.  According to the complaint, D.C. Air was issued a permit authorizing it to purchase scallops from federally permitted vessels for 2007 and 2008.  Several fishing vessels were also issued permits to fish for scallops in the “Elephant Trunk Access Area,” a large sea scallop fishing ground off the mid-Atlantic coast.  Under NOAA regulations, the vessels are not permitted to harvest more than 400 pounds of sea scallops during the permitted fishing period.  The government is essentially alleging that vessels operated by the fishermen harvested more than the 400 pound limit.  The defendants are also accused of falsifying Fishing Vessel Trip Reports, which are required to be submitted under NOAA regulations, in order to conceal the fact that they had harvested more than the 400 pound scallop limit.  The scallops were allegedly off-loaded in Atlantic City.

Federal authorities are alleging a violation of 16 U.S.C. § 3372(d), which provides that “it is unlawful for any person to make or submit any false record, account, or label for, or any false identification of, any fish, wildlife, or plant which has been, or is intended to be (1) imported, exported, transported, sold, purchased, or received from any foreign country; or (2) transported in interstate or foreign commerce.”  This statute carries a punishment of up to five years imprisonment.  The defendants are also charged under 18 U.S.C. § 1519, which provides that: “whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States…shall be fined under this title, imprisoned not more than 20 years, or both.”

According to the Wall Street Journal article, a 2011 report issued by the inspector general for the Commerce Department focused on complaints against the NOAA, which is known for its weather reports, that enforcement agents were often heavy-handed against fishermen.  Other federal agencies have also come under attack for their criminal enforcement tactics.  In fact, there have even been cases where leaders within agencies have not been able to agree on the meaning of certain regulations that carry criminal penalties.  In an over-regulated society such as the one we live in, it is almost inevitable that companies or individuals operating in certain highly regulated industries can face criminal charges for a violation of rules and regulations.  As this case illustrates, sometimes those charges carry very serious punishments, including imprisonment.  Therefore, anyone under the scrutiny of any federal agency in New Jersey should contact a New Jersey criminal defense lawyer for guidance and representation.