- igiiyi fr-; 11:-:e'wu? 'oI*2lr1oov`II 1?'Iv:) ungir Yagi - I . From in or about March 2007 through in or about March 2008, Ein Atlantic County, in the District of New Jersey, and elsewhere, gdefendants D.C. AIR SEAFOOD, CHRISTOPHER GEORGE - - ROBERT E. HERSEY, . - DANIEL and MCKENNA . I Zdid knowingly and intentionally conspire and agree with each other and others to commit offenses against the United States by: (1) knowingly making and submitting, and causing to be made and submitted, a false record, account, and label for, and false identification, that is a Fishing Vessel Tfip Report, of fish or wildlife, that is Atlantic Sea Scallops, having a market value greater than $350, that had been and was . a intended to be transported in interstate commerce, and that involved the sale and purchase, the offer i of sale and purchase, and the intent to sell and purchase fish or wildlife, contrary to Title 16, - United States Code, Sections 3372(d) and' 2 3373(d)(3)(A); (2) knowingly altering, destroying, mutilating, . concealing, covering up, falsifying, and making false entries in a record, that is a Fishing Vessel Trip Report, with the intent to impede, _obstruct, and influence the investigation and proper administration of a matter, and in relation to and contemplation of such a matter, within the jurisdiction of the National Oceanic and Atmospheric Administration, an agency of the United States, contrary to Title 18, United States Code, Section 1519; - }In furtherance of the conspiracy and to effect its unlawful [objects, the above-listed defendants and their co-conspirators {committed and caused to be committed the overt acts, among Qothers, set forth in Attachment below. In violation of Title 18, United States Code, Section 371. 1 I . - 2 I, Anthony Forestiere, am a Special Agent with the National gOceanic and Atmospheric Administration, Office of Law Enforcement` I have knowledge of the facts set forth herein through? 'my personal participation in this investigation and through oral and written reports from other federal agents or other law Qenforcement officers. Where statements of others are set forth {herein, these statements are related in substance and in part. jBecause this Criminal Complaint is being submitted for the {limited purpose of showing there is probable cause to believe fthat the?defendants have com itted the offenses set forth in jAttach ent.A, I have not set forth every fact that I know or Qother law enforcement officers know concerning this =investigation. Where I assert that an event took place on a .particular date, I am asserting that it took place on or about the date allegedvarious times relevant to this Criminal Complaint; I 1. DEFENDANT D.C. AIR SEAFOOD, INC., was a company ?formed under the laws of Maine, with its principal place of in Winter Harbor, Maine. D.C. Air SEAFOOD, INC., was Ein the business of, among other things, purchasing and selling ?seafood, including Atlantic Sea Scallops (hereinafter, on a wholesale basis. . 2. DEFENDANT CHRISTOPHER BYERS was a United States gcitizen residing in or near Winter Harbor, Maine. DEFENDANT ECHRISTOPHER BYERS was an owner and officer of the following three Qcompanies: DEFENDANT D.C. AIR SEAFOOD, D.C. Air Marine ,Division; a fishing business; and D.C. Air Freight Division, a Qtrucking business. DEFENDANT CHRISTOPHER BYERS owned the Fishing ?Vessel Undaunted and the EZ Rider. 3. DEFENDANT GEORGE BAMFORD was a United States icitizen residing in or near Harrington, Maine. DEFENDANT GEORGE JBAMFORD possessed a NOAA Commercial Vessel Operator Permit and was the operator of the Undaunted- I 4. DEFENDANT ROBERT E. HERSEY, JR., was a United ;States citizen residing in or near Harpswell, Maine. DEFENDANT . QROBERT E. HERSEY, a NOAA Commercial Vessel aOperator Permit and was the owner and operator of the Luke _Isabel. 2 -- - I 5. DEFENDANT DANIEL MAHONEY was a United States residing in or near Gloucester, Massachusetts. .DEFENDANT MAHONEY possessed a NOAA Commercial Vessel Operator Permit ?and was the owner and operator of the Moonraker. 6. DEFENDANT MICHAEL MCKEN A was a United States Qcitizen residing in or near Steuben, Maine. DEFENDANT MICHAEL possessed a NOAA Commercial Vessel Operator Permit and jwas the operator of the EZ-Rider. 7. A co-conspirator, hereinafter identified a= {and not named as a defendant herein, was a United States citizen residing in or near Milbridge, Maine. CC1 possessed a NOAA Commercial Vessel Operator Permit and was the operator of the Atlantic Hostage, a vessel owned by D.C. Air Marine Division. i A co-conspirator, hereinafter identified as . Eand not named as a defendant herein, was a United States citizen gresiding in or near Milbridge, Maine. CC2 possessed a NOAA ?Commercial Vessel Operator Permit and was the operator of the I `Promise Land, a vessel owned by D.C. Air Marine Division. t? -2 -.1.2 I 9. The Elephant Trunk Access Area (hereinafter, the is a large sea scallop fishing ground off the mid- Atlantic coast southeast of the Delaware Bay,.and is part of National Marine Fisheries Service Atlantic Sea .Scallop Fishery Management Plan. It covers more than 1,000 isquare nautical miles and has contained one of the highest_ 'densities of scallops in the northeast region. From July 2004 to gMarch 2007, it was closed to fishing as part of an area rotation amanagement program to rebuild the scallop population in that ?area.` When it re-opened on March 1, 2007 for approximately two - Qweeks until March 15, 2007, scallops were allocated for fishing =by 'open access general category' permit*?vessels (hereinafter, `the *2007 opening period"). Such vessels were permitted to 1 *Open access general category' is a type of federal permit gfor small-scale scallop fishing vessels or vessels holding non- gscallop fishing permits that harvest scallops incidental to their {fishing catch. . - 3 [harvest only 400 pounds'?of scallops per trip (hereinafter, the ?'400 pound limit'). . 10. In 2008, the ETAA was opened again to fishing by gthe general category scallop fleet on March 1, 2008 and closed on (March 13, 2008 (hereinafter, the *2008 opening period'). "Open laccess general category" fishing vessels that harvested scallops in the ETAA during the 2008 opening period were again restricted _to the 400 pound limit. 11. The Undaunted, EZ Rider, Luke _Isabel, and Moonraker each had been issued an *open access :general category' NOAA Northeast Federal Fishing Permit, which authorized these vessels to harvest a maximum of 400 pounds of scallops per trip in the ETAA during the 2007 opening period. 12. The F/v Undaunted, F/v sz Rider, F/v Luke s. Isabel, Atlantic Hostage, and Promise nd each had been issued an 'open access general category" NOAA Northeast Federal Fishing Permit, which authorized these vessels to harvest a . maximum of 400 pounds of scallops per trip in the ETAA during the 2008 opening period. 13. DEFENDANT D.C. AIR SEAFOOD, INC., possessed a' NOAA Northeast Federal Dealer Permit in 2007 and 2008, which authorized the co pany to purchase scallops, among other marine species, from federally permitted vessels for those years. 14. NOAA regulations required that the owner or goperator of any vessel issued a federal permit for scallops, or ?other listed species, submit an accurate fishing log report, on a Qform supplied by NOAA called a Fishing Vessel Trip Report,_ ?detaiIing the fishing activity for each vessel trip taken, 'regardless of the species fished for or taken and regardless of ithe area fished. Fishing Vessel Trip Reports are used by NOAA to ;manage the Atlantic Sea Scallop Fishery. A hard copy of the Fishing Vessel Trip Report had to be submitted to the NMFS by the 15"?of the month following the month from which the trip landed. ?It also had to be signed, under penalties of perjury, and dated. i 2 Scallop weights are determined by volumetric measurements. {Harvested scallops are transferred from buckets into muslin bags, ieach of which is designed to weigh a certain amount when packed =with scallops. For instance, a 50 pound bag of scallops when . fully packed will usually weigh approximately 50 pounds. . 4 I 15. It was the object of the conspiracy for DEFENDANTS . AIR SEAFOOD, CHRISTOPHER GEORGE EROBERT E. HERSEY, DANIEL MICHAEL - Qand others, to falsify Fishing Vessel Trip Reports for submission *to NOAA for the purpose of both concealing the harvesting of scallops over the 400 pound limit in the ETAA, as well as to impede, obstruct and influence the proper administration of a- matter within the jurisdiction of NOAApart of the conspiracy that DEFENDANTS ROBERT E. HERSEY, DANIEL and MCKENNA, who were operating the Undaunted, Luke Isabel, Moonraker, and EZ Rider, respectively, on numerous occasions, harvested more than the 400 pound limit in the ETAA during the 2007 opening period. - 17. It was further a part of the conspiracy that DEFENDANTS D.C. AIR SEAFOOD, INC., and CHRISTOPHER BYERS. received, in or near Atlantic City, New Jersey, for the purpose gof purchase and re--sale to wholesale seafood dealers, scallops Eharvested over the 400 pound limit by DEFENDANTS GEORGE - E. HERSEY, DANIEL and MICHAEL MCKENNA, as Qreferenced in Paragraph 16. - 18. It was further a part a conspiracy DEFENDANTS D.C. . SEAFOOD, INC., and CHRISTOPHER BYERS sold scallops - . gharvested over the 400 pound limit by DEFENDANTS GEORGE E. HERSEY, DANIEL and MICHAEL MCKENNA, as Ereferenced in Paragraph 16, to wholesale seafood dealers located *outside the State of New Jersey for approximately $6.00 per pound. 19. It was further a part of the conspiracy that GEORGE ROBERT E. HERSEY, DANIEL Qand MICHAEL MCKENNA falsified Fishing Vessel Trip Reports for Esubmission to NOAA to reflect that only the 400 pound limit had {been harvested on certain trips from the Undaunted, Luke Isabel, Moonraker, and EZ Rider, respectively, in the QETAA during the 2007 opening period, when in fact more than the .400 pound limit had been harvested on those trips. 20. It was further a part of the conspiracy that . DEFENDANTS D.C. AIR SEAFOOD, INC., and CHRISTOPHER . .maintained records at DEFENDANT D.C. AIR SEAFOOD, INC., which . . 5 I . gwere not submitted to NOAA, that reflected actual amounts of jscallops harvested over the.400 pound limit by DEFENDANTS GEORGE ROBERT E. HERSEY, DANIEL and MICHAEL EMCKEN A, as referenced in Paragraph 16. 21. It was further a part of the conspiracy that . D.C. AIR SEAFOOD, CHRISTOPHER MICHAEL and others, constructed ghidden compartments in vessels for the purpose of concealing the ?harvesting of scallops over the 400 pound limit in the ETAA . iduring the 2008 opening period. 22. It was further a part of the conspiracy that QDEFENDANTS GEORGE ROBERT E. HERSEY, MICHAEL - and CC2, who were operating the Undaunted; the Luke Isabel; the EZ Rider; the Atlantic Hostage; -*and the Promise Land, respectively, and at the direction of DEFENDANTS D.C. AIR SEAFOOD, INC., and CHRISTOPHER BYERS, on ;numerous occasions, harvested more than the 400 pound limit in 'the ETAA during the 2008 opening period. -- 23. It was further a part of the conspiracy that D.C. AIR SEAFOOD, INC., and CHRISTOPHER BYERS Qreceived in or near Atlantic City, New Jersey, for purposes of Qpurchase and re-sale to wholesale seafood dealers, scallops gharvested over the 400 pound limit by DEFENDANTS GEORGE E. HERSEY, MICHAEL and CC2, as greferenced in Paragraph 22. 24. It was further a part a conspiracy that AIR SEAFOOD, INC. and CHRISTOPHER BYERS sold scallops {harvested over the 400 pound limit by DEFENDANTS GEORGE E. HERSEY, MICHAEL and CC2, as jreferenced in Paragraph 22, to wholesale seafood dealers located Qoutside the State of New Jersey for approximately $6.00.per Qpound. 25. It was further a part of the conspiracy that QDEFENDANTS GEORGE ROBERT E. HERSEY, MICHAEL and CC2 falsified Fishing Vessel Trip Reports for ?submission to NOAA to reflect that only the 400 pound limit had =been harvested on certain trips from the Undaunted; the ?Luke Isabel; the EZ Rider; the Atlantic Hostage; and zthe Promise Land, respectively, in the ETAA during the 2008 gopening period, when in fact more than the 400 pound limit had Ebeen harvested on those trips. - 26. It was further a part of the conspiracy that CC1 aand CC2, to conceal scallops harvested over the 400 pound limit !during the 2008 opening period, secreted them in hidden {compartments on board the FYV Atlantic Hostage and Promise iL nd, respectively. - 1 27. It was further a part_of the conspiracy that QDEFENDANTS D.C. AIR SEAFOOD, CHRISTOPHER GEORGE . ROBERT E. HERSEY, MICHAEL MCKEN and Eothers, for the purpose of concealing scallops harvested over the f400 pound limit, as referenced in Paragraph 22, offloaded ?scallops from vessels, in or near Atlantic City, New Jersey, during nighttime hours. . 28. It was further a part of the conspiracy that DEFEN ANTS D.C. AIR SEAFOOD, CHRISTOPHER GEORGE ROBERT E. HERSEY, MICHAEL and ?others, for the purpose of concealing scallops harvested over the E400 pound limit, as referenced in Paragraph 22, offloaded scallops from vessels into two trucks, used by DEFENDANTS D.C. SEAFOOD, INC., and DEFENDANT CHRISTOPHER BYERS to transport the scallops, for the purpose of limiting the amount of scallops in each truck to 400 pounds or less. 29. It was further a part of the conspiracy that, D.C. AIR SEAFOOD, INC., and CHRISTOPHER BYERS, for =the purpose of concealing scallops harvested over the 400 pound limit, maintained records, which would not have been submitted to -NOAA, that reflected the actual amounts of scallops harvested Qover the 400 pound limit by DEFENDANTS GEORGE ROBERT E. QHERSEY, MICHAEL CC1 and CC2, as referenced in gParagraph 22. 30. It was further a part of the conspiracy that QDEFENDANTS D.C. AIR SEAFOOD, CHRISTOPHER GEORGE . MICHAEL and CC1 falsely denied harvesting more 'than the 400 pound limit during the 2008 opening period when questioned by law enforcement, for the purpose of concealing scallops harvested over the 400 pound limit. 31; In furtherance of this conspiracy and to effect Qthe objectives thereof, DEFENDANTS D.C. AIR SEAFOOD GEORGE ROBERT E. HERSEY, DANIEL MICHAEL and others, committed and 'caused to be committed the following overt acts, among others, Ewithin the District of New Jersey, and elsewhere: - 7 I . . vgMwtain-.., agIIWIabiIgymg .-.. .---.-, I I JI 4 I.-, agp -- - -. . -. .--, . IVII - n>>.-.IIQI egg, bl-hu---.-Lchfkgjiqi`F.o .,.--, -- -. -- - -.-, --.gif3.Iz`? xg3.Wl--iipl.II`?via -- - . - - . I. . jkgi@.IIIZITJ IY I 9.: gi- .-'"imi y_IERI--.-. - --.- .: . . I-aa..lil. wgyti ?fv_ I.- rvV.Icll.9. i_dnl..-. . A . -.0-1. .-Agp..-- .. :oo - .--. -.-. . . litaia - - - - . . . IT-llm-?V.. . .-.- H-.I2 -.., -- . _?lJt I"'u;-t . I w?-iI.? I ith.-.. . avIii;pI_ . - -.. i . -- I .. IT. .-..- . . .. - - . --.-.-L.-.. . . . -..- .- .. . . - . - . I .. -.-. . .. - . -- ..-.. -..4--.- - . -.- - .. - . .;Isz .-- 41HI- ?oi--.. Itgi-VII.-..- -- . . - --.. . --. .. .. -.. .- . - - .. . . . .. - . -..- -.-. - .- .- ..- -. - . . Ig-- I. -.- . -.-. ..-- -.1 - . I -I-.: -..- .-.., - . - -.-- .. . .- .. I.-- --.- ..- -.- L--.-- . ..- -- ;-I . falsely stated to law enforcement officers that no scallops had been harvested over the 400 pound limit. I o, On or about March 13, 2008, for the purpose of . concealing scallops harvested over the 400 pound limit, DEFEN ANT GEORGE BAMFORD falsely stated to law enforcement officers that the Undaunted had harvested only 400 pounds of scallops that day when in fact it had harvested approximately 1114 pounds_of scallops. -- p. On-or about March 13, 2008, for the purpose of concealing scallops harvested over the 400 pound limit, DEFENDANT MICHAEL MCKENNA falsely stated to law enforcement officers that scallops observed on the deck of EZ Rider were the only scallops landed by that vessel that day when in fact . approximately?six additional bags of scallops were secreted on board the vessel. . q. On or about March 13, 2008, for_the purpose of concealing =callops harvested over the 400 pound limit, CC1 falsely claimed to law enforcement officers that the approximately eight bags of scallops observed on the deck of Atlantic Hostage were the only scallops on board that vessel when in fact approximately four additional bags of scallops were secreted in a hidden compartment on board the vessel. 14 I