Tuesday, November 19, 2024

Mary McPhoney's & Manager Sentenced for Fraud

 The Justice Department issued the following statement. 

A Mississippi corporation operating as Mary Mahoney’s Old French House restaurant in Biloxi, Mississippi, and its co-owner and manager, Anthony Charles Cvitanovich, were sentenced today on charges arising from their participation in a long-standing conspiracy to misbrand seafood by substituting inexpensive imported fish for the local premium species they advertised and declared on their menus.

The court accepted the terms of a plea agreement Mary Mahoney’s reached with the government and sentenced the company to five years of probation and ordered it to pay a total penalty of $1,499,000, which included $149,000 as a criminal fine and $1,350,000 in forfeiture for some of the proceeds it had obtained from its fraudulent sales of seafood to its customers.  The Court also imposed special conditions of supervision, to include that Mary Mahoney’s maintain for no less than five years, records describing the species, sources, and the cost of the seafood it acquires for sale to its customers, and that it make these records available to any federal, state, or local governmental authority that regulates or monitors the service and distribution of food for human consumption and to any such agency that regulates the harvesting, storage, labeling, or sale of seafood.  The Court also ordered as a condition of supervision that Mary Mahoney’s shall answer truthfully any inquiry from any governmental agency and from any customer as to the species, source, and cost of any seafood it prepares, serves, sells or advertises for sale.      




On May 30, 2024, Mary Mahoney’s pled guilty to a felony charging the corporation with conspiracy to misbrand seafood and wire fraud in connection with a scheme that began as early as 2002 and continued through November of 2019.  Mahoney’s, founded in 1962, admitted that between December 2013 and November 2019, the company and its co-conspirators at a Biloxi seafood wholesaler fraudulently sold as local premium species approximately 58,750 pounds (over 29 tons) of fish that was actually frozen and imported from Africa, India, and South America.

Mahoney’s co-owner/manager, Anthony Charles Cvitanovich, 55, was sentenced to three years of probation and 4 months of home detention. He was also ordered to pay a $10,000 fine.  On May 30, 2024, Mr. Cvitanovich pled guilty to a felony Information charging him with misbranding of seafood during 2018 and 2019.

“Misbranding foreign seafood as premium, locally caught fish hurts the Gulf Coast seafood industry and defrauds customers that paid to taste the real thing,” said U.S. Attorney Todd Gee.  “This investigation and today’s sentence will hopefully send a message that the Department of Justice is serious about holding businesses accountable that mislabel food sources.”

U.S. Attorney Todd W. Gee of the Southern District of Mississippi and Environment and Natural Resources Division Assistant Attorney General Todd Kim made the announcement.

The Food and Drug Administration - Office of Criminal Investigations initiated the case.

Assistant U.S. Attorney Andrea C. Jones and Senior Trial Attorney Jeremy F. Korzenik of the Justice Department's Environment and Natural Resources Division are prosecuting the case.

In related charges, the Biloxi seafood wholesaler Quality Poultry and Seafood and two of its managers are scheduled for sentencing on Monday, December 11, 2024.

 

17 comments:

Anonymous said...

That guy always seemed a little fishy-

Anonymous said...

Its crazy that you will get a felony for selling fake fish.

Kingfish said...

Why? It's fraud and they did it for many years. You think misdemeanors are going to deter anyone?

Anonymous said...

I was taken here many times by clients on the Gulf coast. I was never as impressed as they made it out to be. Now I know why. Funny thing is they never noticed. I guess it is similar to how you can get nose blind to your kitchen trash can stinking.

Wow said...

Not crazy at all. This is part of what makes the USA an incredible place. Justice at this level is incredible. In most developing or middle power countries, this level of fraud is just accepted. It erodes all trust in society. I am glad that we live in a country where this type of fraud is caught and accounted.

Anonymous said...

The shakedown from the government is that they get to keep the money. Not the actual customers that were defrauded. What they did was wrong, how the money is now forfeited to the government is BS.

Anonymous said...

Restaurants mislabel every day. I’ve never heard of some of the names of fish dishes in upscale restaurants. And are you sure that the redfish is redfish or the MS Farm Raised Catfish isn’t some Vietnam or China trash fish. The only seafood I’m sure of is flounder. Even shrimp & crabmeat can be inferior from that in the menu.

Anonymous said...

@10:19 - You are free to sue the restaurant to recover damages you suffered when you ate a fish that you did not order. I doubt you'll find an attorney to take your case on a contingency basis but good luck to you.

otisfyfe said...

Yes, 10:19. I was about to ask what becomes of this money. Where exactly does it wind up:

"$1,350,000 in forfeiture for some of the proceeds it had obtained from its fraudulent sales of seafood to its customers."

Anonymous said...

If they were corrupt enough to commit this fraud, who's to say they didn't commit more health-endangering acts?

Anonymous said...

10:19 is right. Why does the government get to keep the fine and not the people who were gyped?
This reminds me of the investment industry shakedown artists at FINRA. FINRA once fined MetLife $25M, and kept $20M for themselves. These angels of mercy only fly first class, stay in 5* hotels, eat in 5* restaurants, and have a pension to go along with their 2020 average salary of $250,000 per employee. We don't know how much they make now because they no longer publish the salary numbers.

Bottom line: any government or regulatory agency that tells you they are looking out for you, be assured that you are the last of their interests.

Anonymous said...

A class action suit has already been filed on behalf of defrauded customers

Anonymous said...

Sheepshead is served at many fancy restaurants close to the gulf coast. It just isn't on the menu at those fancy restaurants.

Anonymous said...

@2:38 Sheepshead is sold at fancy restaurants as…..”Bay Snapper”

Anonymous said...

What is "pan trout" and "whiting"?

Anonymous said...

@12:33 Waiting on my 19¢ check after 30% to a Detroit law firm

Anonymous said...

Is there a site to sign up for the class action suit?


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.