Friday, August 23, 2024

Mary McPhoney Update: Let the Lawsuits Begin

It was probably only a matter of time before the lawsuits began after the feds caught Mary Mahoney's passing off cheap, imported fish as fresh, Gulf of Mexico seafood.  The legendary Gulf Coast restaurant will wait no longer as a former customer sued the establishment in federal court today. 

The Justice Department filed a bill of information for fraud against Mary Mahoney's Old French House on April 26, 2024. The information states Mary Mahoney's and a wholesale supplier worked together to sell frozen foreign seafood at the restaurant from between 2002-2012 and 2019. Four co-conspirators that worked for the two companies. Earlier post and copy of bill of information.

Mary Mahoney's bought 58,750 pounds of frozen foreign seafood and sold it as fresh Gulf of Mexico seafood from 2013 to 2019. The conspirators tried to cover up the fraud but the Federalis figured it all out.

The defendants waived indictment and pleaded guilty May 30 in U.S. District Court. The maximum penalty is a $500,00 fine and a probation term of three years. Mary Mahoney's will pay $1.35 million in asset forfeiture to the Justice Department within five days after the guilty plea was filed.   Sentencing has not taken place. 



Todd McCain was not too happy when he found out about the fraud.  The Alabama resident filed a class action lawsuit in U.S. District Court against Mary Mahoney's today.   

The complaint states McClain ate what Mary Mahoney's claimed was red snapper on July 29, 2013, December 28, 2016, and August 21, 2018.  McClain states if he had known the red snapper was cheap foreign fish, he would not have purchased it.  

McClain makes a class allegation (#45) in the lawsuit: 

All persons residing in the United States who purchased foreign fish at Mary Mahoney's between January 1, 2012 and November 30, 2019.  

The complaint charges the defendants with RICO violations, violations of the Mississippi Consumer Protection Act, common law fraud,  unjust enrichment, and civil conspiracy. 

Attorneys Bobby Gill, James Priest, Jr., and Gerald Abdalia, Jr. represent the plaintiff.  The case is assigned to U.S. District Judge Taylor McNeil.  

 



44 comments:

Macy Hanson said...

I think that reliance on the misrepresentations likely defeats class certification in this case. It seems to me that individualized issues predominate over common issues here.

Anonymous said...

What in the name of terrible typography... 🤮

Anonymous said...

Well, there should be consequences to such a practice. I'm not sure if that's through fines from a regulatory authority, or civil lawsuits. But you can't let this sort of thing go unpunished.

Anonymous said...

I am so happy that the justice department has nothing better to do than identify fresh seafood that patrons can not identify by the wrong name. There certainly are no more serious problems to deal with. How can I get a bullsh*t job like that?

Anonymous said...

That's a very fishy lawsuit.

Anonymous said...

If anyone got deathly ill please contact the CDC. My mother ate fish that was supposedly catfish in the delta and ended up with something called viola lace . DMRC had to contact the CDC as people had died from it. I am not sure about the correct spelling. This was from fish imported from Vietnam & more than likely tilapia as it comes from wastefields. The doctor would not let my father or any children get close to hug or kiss her as it was so contagious! I hope it hurts their pockets as the owners knew better!

Anonymous said...

Keep you receipts folks. Dig em out of the garbage. You're fixing to get a payday.

Anonymous said...

I once ordered Grouper in Key Largo, but I know it was Tilapia.

Anonymous said...

Well known restaurants and pubs all across the south have been doing this for years with many/most stating that it was MS pond raised catfish and/or other varieties of fish, etc...screwing our local industries with lowball "swai" fish that came from Vietnam.

Anonymous said...

Had lunch at McGuire's Pub in Pensacola on a Friday for fish and chips. Asked what kind of fish and was told it was Pacific Dory. Never heard of it, so looked it up and found it was one of the false names for southeast Asian catfish. Similar at Felix's Fish Camp in Mobile but they call it whitefish. Once I noticed a box in the freezer section of Sexton's Seafood Market in Destin marked Redfish filets, but it was from China. I suppose it could have been farmed there. Crazy stuff.

Anonymous said...

Still got some fine crab cakes

Anonymous said...

If it's even crab...

Anonymous said...

Next time you're in Kroger, ask the meat-market attendant where all that fine looking catfish on ice comes from. They'll point to the cardboard boxes over in the cooler section that are labeled China or Vietnam. All they do is open a box and display it - having us think it must be Mississippi Farm-Raised.

Bobby M. said...

Now do fake chicken at all the Asian restaurants.

Anonymous said...

Can’t fake steak

Anonymous said...

back in the late 70s i waited tables at primos northgate restaurant. their famous ''trout almandine'' was billed as speckled trout fresh from the gulf.
it was really new england cod but it was real good.

Anonymous said...

Macy, can’t reliance be established by the fact of purchase, which is subject to proof from a common source, i.e. MM’s business records?

Agent Orange Fish said...

Local Captain D's restaurant used to have a small sign near the menu board that read "Captain D's whitefish is a product of Vietnam" or the sorts. Kept me sticking to the fried clam strips.

Anonymous said...

Krab

Anonymous said...

Currently, at least, merchants make Murkins feel like high-dollar First Worlders, dining on trash labeled as expensive delicacies. As Murkins continue to be ground between inflation and taxes, they'll be eating brains and tripe from racoon and possum if they still have guns with which to hunt.

Anonymous said...

Don’t call me a murkin

Anonymous said...

Will this spell the end of that landmark? The gamblers have knocked down just about every other landmark on the Coast. Remember Baricev's? I sure do.

Chef Here said...

If you 'waited tables' you would not have known that. You're just disgruntled.

Anonymous said...

Lived in the Delta all my life and never heard of people dying from eating fish. I doubt your entire post.

Anonymous said...

Talapia, if you research the word, simply means 'fish' in as many as nine languages. It can be raised in aquariums or shit-ditches. You just never know. Plus there is no way to identify it while consuming it.

Anonymous said...

Same is true of shrimp in the Kroger display case. Looks real pretty, don't it?

Anonymous said...

And you chomped happily, believing it was clam.

Anonymous said...

Sure they can. I've had horse so tender you'll swear it's steak.

Anonymous said...

Where is the proof? Would love to know who exposed this fraud. Was it some of the kitchen staff? Perhaps a chef? None of the articles on the web state how this was discovered. Would like to know how this came to be proven. Did an employee take photos of frozen fish in boxes with labels from foreign countries.

Anonymous said...

@8:15:

There is certainly an argument to be made. I think that you make a good point. However, reliance on the misrepresentation defeats class certification in every case I've ever read on the topic. If I were the district judge, I would be very sympathetic to the arguments for class certification. The idea that consumers are going to litigate this one by one is preposterous. But class certification is very hard to obtain under the current case law.

Anonymous said...

People ask us how we can even AVOID dining in restaurants. My last restaurant meal was Lunch at Le Coucou, just as the Covid numbers were coming out of South Korea: no big deal, I thought. Well, the ensuing "crisis" changed all sorts of habits, and we've adapted. I always preferred picking up food at groceries, and eating in the car, or in hotel rooms. Then, we went Keto, and I'm proud to say that being 'Fat-adapted', I can FAST during international trips, and not have to worry about food, at all.

This evolving story about levels of scuzz well-beyond the levels of scuzziness ONE SHOULD EXPECT on Mississippi's Gulf Coast, and revelations of crime endemic in the "Seafood" industry, only add to my resolve, to never dine in a restaurant, ever again (and to be as paranoid about seafood, as I am about Olive Oil - which goes straight from a California farm family's expeller to our ice chests to the fridge).

Anonymous said...

Lived in the Delta all my life and never heard of people dying from eating fish. I doubt your entire post.
August 24, 2024 at 12:21 PM

That poster took care to make clear that the fish in question was, NOT from the Delta. And nowhere was it stated that the mother has actually died (although people DO die from eating fish - improperly-prepared Puffer Fish, as one example ). And I'm curious as to how living in the Delta for one's entire life, would prevent one from hearing about people dying from eating fish. Delta people, in my experience, are very international - both in a physical sense, and in their mindset. You don't read Delta Magazine, which is full of ads for charter jet services? You didn't spot the article where Hank Burdine was taking Romanian fashion models into a cypress swamp for a photoshoot? You never hear swinger couples talking about running into Delta farmboys they know from 'State', at underwear parties in Amsterdam? You haven't seen Julia Reed being interviewed in London?

Someone just sent me 1950s footage of a hunting party at 'Bayou Bend', the mansion the Boyds (now Atlantic Piedmont industrialists) fashioned from the original Issaquena County courthouse. Their PACKED bookshelves reached those tall courthouse ceilings, and a caption identifies one member of the party was a friend from London (a lifelong bestie, met during someone's 'Grand Tour of Europe').

Is there another Delta, where people are ignorant?

Anonymous said...

" Hank Burdine was taking Romanian fashion models into a cypress swamp for a photoshoot "

I do miss Hank,



anonymous said...

Who blew the whistle and brought this to light? Disgruntled employees? A chef? A tax preparer? Someone nearby seeing strange delivery trucks? None of the articles I have read about the lawsuit on the internet mention how patrons knew their meal was not fresh caught Red Snapper from Gulf Coast waters. Who proved that the restaurant was using foreign fish?

Anonymous said...

If it's smothered, it's being covered .. up. I could not prove reliance because Bobby's fish never resembled what I would eat at any of my New Orleans favorites. The shrimp and crab were always comparable, however.

Anonymous said...

to ''chef here''

at 12:18...........i knew plenty cause on my nights off i would come in and assist in managing the kitchen. i can read the printing on a box of frozen fish. as far as ''disgruntled' , not quite . the primos family were wonderful. my point is substituing fish in the restaurant business has be going on since the beginnings of the industry. for a ''chef'' you don't know much about the restaurant business do you?

Anonymous said...

now thats a good point

Anonymous said...

there is an arkansas delta , and a louisiana delta. but relax, we all now know you were part of the plantation aristocracy. please post the date, time and location of your next underwear party.

Anonymous said...

But did you die?

Anonymous said...

Who blew the whistle? Perhaps someone connected to co-conspirators connected to the wholesale seafood supplier? Co-conspirator #2 is a Biloxi wholesale and retail business with a cafe that sold seafood to restaurants, casinos, and the public (I know of one business fitting that description but there could be others). Co-conspirator #3 is the business manager/CPA for the Biloxi wholesale and retail business. This person oversaw multiple personnel, managed seafood purchases from suppliers and monitored wholesale and retail prices. Co-conspirator #4 is the sales manager for the Biloxi wholesale and retail business and oversaw the business manager and sales rep sales.

Jimmy Taylor said...

I asked to see the box the fish was in, they said they didn't have it. I left

Wow said...

In this case, whether the lawsuit has much merit or strength, I feel there is some kind of justice for the publicity it brings to their restaurant and hopefully the costs to defend it. We are all imperfect and we can all turn away from the worst of things, but the fact that this restaurant never made a public statement or public apology about their behavior did not sit well with me.

Anonymous said...

The wholesale and retail supplier was publicly identified in Federal court today and it is Quality Seafood, which I had a feeling it was Quality. Probably the largest supplier not only on the Gulf Coast but they also supply businesses (including grocery stores) in south Mississippi north of the Coast.

Anonymous said...

When I drive by Superior Catfish in Macon, I see a big clean-looking facility with lots of cars parked in the lot. It's real Mississippi catfish, no doubt. They sell it at Oktibbeha County Co-op in boxes that say "Superior." No doubting what it is. Support Superior and our other local growers -- that catfish will taste extra good knowing it is what it's supposed to be.


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