Legal Opinion
United States v. Proceeds of the Sale of 9,312 Lbs. of Scallops, to Wit, $31,938.84
District Court, D. Massachusetts
Decided June 11, 1990No. Civ. A. 88-0742-WDPublished
1Opinion of the Court
MEMORANDUM AND ORDER
WOODLOCK, District Judge.
The scallops which spawned this forfeiture action were seized from the F/V ODYSSEY by the plaintiff United States of America (“the government”) as undersized catch in violation of the Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801 et seq. They were sold shortly after seizure, and the government seeks forfeiture of the defendant proceeds of the sale — $31,938.84—pursuant to 16 U.S.C. § 1860(a). Claimants Sylvia R. Fishing Corp. and Jose J.A. Cordeiro, respectively the owner and captain of the ODYSSEY, allege improprieties in the…
2Cases cited3 opinions
- American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
- Capitol Transportation, Inc. v. United States of America and Federal Maritime Commission, Sea-Land Service, Inc., IntervenorsCourt of Appeals for the First Circuit · 1979
- United States v. Nathan Charles Kotrlik, and Craig Ronald GaevertCourt of Appeals for the Ninth Circuit · 1972