Cooke, Inc.
faces allegations the company illegally controls fishing vessels in
U.S. waters, violating the American Fisheries Act and Jones Act
NEW
YORK, May 14, 2024 /PRNewswire-PRWeb/ -- In a
legal filing unsealed in New York
City, the Canadian seafood company Cooke, Inc. is
alleged to have engaged in a years-long scheme to
violate the Jones Act and the American Fisheries Act (AFA), laws
designed to protect American commercial fishing and other maritime
activities. The penalties involved likely exceed several hundred
million dollars and could exceed several billion dollars.
"As the lawsuit alleges,
Cooke and its co-conspirators are
taking fish they have no legal right to catch, and they lied to the
federal government about it." Mr. DeMay was recently named
Litigator of the Week by American Lawyer for securing a
$101 million jury verdict against
Walmart.
The lawsuit is an attempt to hold the $4
billion company to account for a brazen disregard of these
laws. At its core, the suit alleges that as a
foreign-owned company, New Brunswick,
Canada-based Cooke violates
the AFA requirement that fishing vessels be controlled by U.S.
interests. The suit alleges that Cooke arranged for a fleet of vessels to be
sold to a U.S. entity that was, in fact, owned by the nephew of the
Cooke CEO, thus allowing Cooke to
improperly maintain control. The defendants allegedly
failed to disclose all these facts to U.S. regulators and falsely
certified that no foreign citizen exercised control, in violation
of the AFA.
"The evidence shows that Cooke
is attempting to circumvent the law that requires fishing fleets
operating in U.S. waters to be owned and controlled by U.S.
citizens," said lead trial attorney Brendon
DeMay, Partner, Holwell Shuster & Goldberg LLP. "As the
lawsuit alleges, Cooke and its co-conspirators are taking fish
they have no legal right to catch, and they lied to the federal
government about it." Mr. DeMay was recently named Litigator of the
Week by American Lawyer for securing a $101
million jury verdict against Walmart.
At stake for environmentalists is the management of Atlantic and
Gulf menhaden, species that play a vital role in coastal
ecosystems. By serving as the base of the food chain for larger
fish, marine mammals and seabirds, menhaden are a critical
component of a thriving ecosystem. In addition, menhaden are of
vital commercial importance for a variety of products, including
fish oil and fish meal for use in animal feed, aquaculture, and
dietary supplements. Cooke
subsidiary Omega Protein is a repeat felon, pleading guilty in 2017
while still on probation for a 2013 felony conviction.
"This lawsuit is an attempt to protect one of our country's
earliest principles: that U.S. citizens control commercial
operations in U.S. waters," DeMay said.
For more information, contact Shawna Seldon
McGregor at 917-971-7852 or shawna@themaverickpr.com.
Media Contact
Shawna McGregor, Holwell Shuster
& Goldberg LLP., 9179717852, shawna@themaverickpr.com
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SOURCE Holwell Shuster & Goldberg LLP.