White & Case LLP - News - White & Case Secures Victory for Carlos Seafood in Government Enforcement Action

Services	Sectors
Antitrust Asset Finance Banking Canada Capital Markets Climate Change Commercial Litigation Data Privacy Employment & Benefits Financial Restructuring and Insolvency India Indonesia Intellectual Property International Arbitration International Trade Israel Korea Latin America Mergers & Acquisitions Private Clients Pro Bono Project Finance Sovereign Wealth Funds Sovereigns Spain Taiwan Tax White Collar	Communications and Media Construction Environmental Funds Islamic Finance Mining and Metals Oil & Gas Pharmaceuticals and Healthcare Power Real Estate Sourcing & Technology Transactions

North America	Latin America	Europe		Asia	Middle East/Africa
Los Angeles Miami New York Silicon Valley Washington, DC	Mexico City Monterrey São Paulo	Almaty Ankara Berlin Bratislava Brussels Bucharest Budapest Düsseldorf Frankfurt Geneva Hamburg	Helsinki Istanbul London Milan Moscow Munich Paris Prague Stockholm Warsaw	Beijing Hong Kong Shanghai Singapore Tokyo	Abu Dhabi Doha Johannesburg Riyadh

White & Case Secures Victory for Carlos Seafood in Government Enforcement Action

Miami, June 18, 2009 ... Global law firm White & Case LLP won a major victory against the US Department of Justice in a criminal enforcement action aimed at Carlos Seafood, Inc.

The Justice Department agreed to dismiss all 22 felony counts – including conspiracy, smuggling, money laundering and violations of the Lacey Act and Food Drug and Cosmetic Act – against the company and three individual corporate officials in exchange for payment of a $1000 fine. At the time of indictment, the Justice Department issued a press release stating that the defendants each faced 248 years in prison and Carlos Seafood $2.5 million in criminal fines.

"Today's dismissal of felony charges exonerates Carlos Seafood, Inc., and its officers of the serious charges made by the US government," said Neal McAliley, White & Case partner in Miami. "The Justice Department could not prove those charges and should never have brought them in the first place. It is tragic that this company was singled out by the government with criminal charges for engaging in lawful business practices."

Carlos Seafood and its principals had been charged in a 2007 criminal indictment by the Justice Department at the request of the US National Oceanic and Atmospheric Administration. The indictment alleged the company with illegally importing frozen fish fillets from Nicaragua. The fish are a species known in Nicaragua as "robalo" and "golden sea bass" and commonly called "snook" in Florida. The government claimed that it was illegal to import golden sea bass into the State of Florida and that it was a false name for this type of fish. Federal regulations require only that importers label seafood using the products' common name. There were no allegations that the fish were unsafe to eat or that they were endangered in Nicaragua.

In January 2009, the US District Court for the Southern District of Florida ruled that it was legal to import this type of fish into Florida, dismissing a portion of the indictment. In other pretrial court proceedings, it was revealed that "sea bass" is a common translation of robalo, that many companies have imported this fish into Florida using the name golden sea bass, and that the Nicaraguan government for years has approved the use of the name golden sea bass. The US Food and Drug Administration also has acknowledged that most types of seafood have more than one acceptable common name, that many common names may be used to describe multiple different species of fish, and there is no comprehensive, binding list of acceptable market names for seafood products. Faced with this evidence, the Justice Department dismissed all charges in exchange for a strict-liability misdemeanor.

Carlos Seafood and company vice president Lillian Berdeal were represented by White & Case partner Neal McAliley, in addition to senior associate Angela Daker. Company president Carlos Berdeal is represented by David S. Mandel of Mandel & Mandel LLP, and business colleague Rodolfo Rego is represented by Frank Schwartz of the Law Office of Frank Schwartz, P.A.

About White & Case
White & Case LLP is a leading global law firm with 36 offices in 25 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, arbitration and litigation provided by our global practices.

Contact:
Nicholas Clarke
Regional Media Relations Manager - Americas
White & Case LLP
212 819 7808

	Press Releases
Expertise White Collar Lawyers Angela D. Daker Neal McAliley Locations Miami	White & Case Secures Victory for Carlos Seafood in Government Enforcement Action Miami, June 18, 2009 ... Global law firm White & Case LLP won a major victory against the US Department of Justice in a criminal enforcement action aimed at Carlos Seafood, Inc. The Justice Department agreed to dismiss all 22 felony counts – including conspiracy, smuggling, money laundering and violations of the Lacey Act and Food Drug and Cosmetic Act – against the company and three individual corporate officials in exchange for payment of a $1000 fine. At the time of indictment, the Justice Department issued a press release stating that the defendants each faced 248 years in prison and Carlos Seafood $2.5 million in criminal fines. "Today's dismissal of felony charges exonerates Carlos Seafood, Inc., and its officers of the serious charges made by the US government," said Neal McAliley, White & Case partner in Miami. "The Justice Department could not prove those charges and should never have brought them in the first place. It is tragic that this company was singled out by the government with criminal charges for engaging in lawful business practices." Carlos Seafood and its principals had been charged in a 2007 criminal indictment by the Justice Department at the request of the US National Oceanic and Atmospheric Administration. The indictment alleged the company with illegally importing frozen fish fillets from Nicaragua. The fish are a species known in Nicaragua as "robalo" and "golden sea bass" and commonly called "snook" in Florida. The government claimed that it was illegal to import golden sea bass into the State of Florida and that it was a false name for this type of fish. Federal regulations require only that importers label seafood using the products' common name. There were no allegations that the fish were unsafe to eat or that they were endangered in Nicaragua. In January 2009, the US District Court for the Southern District of Florida ruled that it was legal to import this type of fish into Florida, dismissing a portion of the indictment. In other pretrial court proceedings, it was revealed that "sea bass" is a common translation of robalo, that many companies have imported this fish into Florida using the name golden sea bass, and that the Nicaraguan government for years has approved the use of the name golden sea bass. The US Food and Drug Administration also has acknowledged that most types of seafood have more than one acceptable common name, that many common names may be used to describe multiple different species of fish, and there is no comprehensive, binding list of acceptable market names for seafood products. Faced with this evidence, the Justice Department dismissed all charges in exchange for a strict-liability misdemeanor. Carlos Seafood and company vice president Lillian Berdeal were represented by White & Case partner Neal McAliley, in addition to senior associate Angela Daker. Company president Carlos Berdeal is represented by David S. Mandel of Mandel & Mandel LLP, and business colleague Rodolfo Rego is represented by Frank Schwartz of the Law Office of Frank Schwartz, P.A. About White & Case White & Case LLP is a leading global law firm with 36 offices in 25 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, arbitration and litigation provided by our global practices. Contact: Nicholas Clarke Regional Media Relations Manager - Americas White & Case LLP 212 819 7808