Description: Central Islip, New York criminal defense lawyer represented the Defendant charged with conspiracy, mail fraud and obstruction of justice.

A federal jury in Central Islip, New York, convicted a Long Island fisherman today for crimes associated with his captainship of the trawler New Age from 2014 to 2017. The jury unanimously convicted Christopher Winkler of Montauk, New York, of one count of federal criminal conspiracy, two counts of mail fraud and two counts of obstruction of justice.

On at least 200 fishing trips, Winkler targeted summer flounder (fluke) and black sea bass and harvested those fish in excess of quotas and state trip limits. He also falsified Fishing Vessel Trip Reports (FVTRs) for those trips. His co-conspirators falsified corresponding dealer reports. Both sets of false documents were used to cover up fish that Winkler took in excess of quotas.

“Fluke and black sea bass play a vital part in our marine ecosystem and quotas are designed to prevent overfishing and stabilize populations for the public good,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will continue to seek justice against those who flout laws that protect fisheries and the fishing industry.”

“While most U.S. fishermen follow the law, some still feel that they are above it,” said Michael Henry, Acting Assistant Director of NOAA's Office of Law Enforcement, Northeast Division. “It is our job to protect honest fishermen and good actors and this verdict should serve as a reminder that those who break the rules will be held accountable.”

Fishing quotas for fluke and black sea bass were designed by the National Oceanic and Atmospheric Administration (NOAA) and the New York Department of Environmental Conservation to ensure a long-term, sustainable population of the fish. As part of the fisheries management plan, NOAA requires fishing captains like Winkler to accurately complete an FVTR at the end of each fishing trip. Winkler was required to declare his catch – which included fish species and weights – to NOAA and the State of New York. To cover up his illicit harvest and landings, Winkler falsified approximately 200 FVTRs that he then mailed to NOAA.

Similarly, a fish dealer – which is the first company that buys fish directly from a fishing vessel –must specify what it purchases on a federal form known as a dealer report. NOAA uses this information to set policies designed to provide for biologically and economically viable fish stocks. Winkler sold illegal fish to three fish dealers. Because a mismatch between FVTRs and dealer reports would have alerted fisheries statisticians and enforcement personnel, Winkler’s co-conspirators falsified dealer reports to cover up that fish were taken in excess of quotas. The entire scam netted an overharvest of approximately 200,000 pounds of fluke and black sea bass, valued conservatively at least at $750,000 (wholesale).

In a related case, Bryan Gosman and Asa Gosman of Bob Gosman Co. Inc. – a Montauk-based fish dealer – previously pleaded guilty to a charge of criminally conspiring with Christopher Winkler in November 2021. They testified at the trial against Winkler. It was revealed during the trial that Bryan Gosman had served as a lookout for Winkler on at least 16 occasions during the conspiracy, often communicating by text before the defendant arrived at the dock.

Sentencing for all three defendants will be scheduled by the court.

NOAA’s Office of Law Enforcement investigated the case as part of Operation One-Way Chandelier.

Christopher L. Hale and Kenneth Nelson of the Justice Department’s Environmental Crimes Section prosecuted the case, with logistical support from the U.S. Attorney’s Office for the Eastern District of New York.

18:371 CONSPIRACY 18:371, 981(a)(1)(c), 1341, 1343, 1956(c)(7), and 1961(1) and 28:2461(c) CRIMINAL FOREFEITURE ALLEGATION
(1)
18:371 Conspiracy - 18 U.S.C. 371; 18:371, 981(a)(1)(C), 1341, 1956(c)(7), and 1961(1) and 28:2461(c) Criminal Forfeiture Allegation
(1s)
18:1341 and 2 MAIL FRAUD 18:371, 981(a)(1)(c), 1341, 1343, 1956(c)(7), and 1961(1) and 28:2461(c) CRIMINAL FOREFEITURE ALLEGATION
(2-5)
18:1341, 2 Mail Fraud - 18 U.S.C. 1341 and 2; 18:371, 981(a)(1)(C), 1341, 1956(c)(7), and 1961(1) and 28:2461(c) Criminal Forfeiture Allegation
(2s-3s)
18:1519 Obstruction - 18 U.S.C. 1519
(4s-5s)
18:1343 WIRE FRAUD 18:371, 981(a)(1)(c), 1341, 1343, 1956(c)(7), and 1961(1) and 28:2461(c) CRIMINAL FOREFEITURE ALLEGATION
(6-10)
18:1519 OBSTRUCTION
(11)

Outcome: Defendant was found guilty.

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