Connect with us

New York

A Montauk Fisherman Faces Prison Over 200,000 Pounds of Fluke

Published

on

A Montauk Fisherman Faces Prison Over 200,000 Pounds of Fluke

It was just before dawn when Chris Winkler, a fisherman in Montauk, N.Y., set off on his trawler, the New Age.

A longhaired surfer who looks far younger than his 63 years, Mr. Winkler was in flip-flops and shorts, trailed by Murphy, a good-natured Irish water spaniel who is usually his only company.

But on that July day, he had others aboard: members of his legal team and a reporter. He was gearing up for a federal trial that began this week in Central Islip, N.Y., before Judge Joan M. Azrack on charges of taking more fish from the sea than the law allows.

Prosecutors say that in past years Mr. Winkler exceeded the limit on fluke, a spotted flat fish also known as summer flounder, by at least 200,000 pounds, and caught more black sea bass than was allowed.

He is accused of making hundreds of thousands of dollars in illicit deals with of one of Montauk’s most venerable seafood institutions, Gosman’s. The two men originally charged with him, Bryan and Asa Gosman, cut deals with the government and are expected to testify against him.

Advertisement

Gosman’s Dock boasts sprawling restaurants and retail stores in addition to its wholesale business. For decades, it has been one of Long Island’s largest suppliers of fresh fish, and has been a mainstay in Montauk, even as the fishing-village soul of the town has been overshadowed by big-spending tourists in something of a Hamptonification. That could change soon: Gosman’s Dock is up for sale, priced at $45 million.

Mr. Winkler’s boat is still docked just behind the Gosman’s complex. He runs a shoestring operation, working by himself on his 45-foot trawler as his legal bills mount. He has been out on a $100,000 bail bond for the past two years. His lawyers barred him from discussing the particulars of the case, or his motivations for fighting the government.

Prosecutors have accused Mr. Winkler of conspiracy to “defraud the United States” by falsifying records and obstructing efforts to collect fishing data. If convicted on five counts of conspiracy, mail fraud and obstruction, he could face years in prison and have to forfeit what the government says are ill-gotten gains.

“This was all done for money,” Kenneth Nelson, a federal prosecutor, said Wednesday in opening statements at Mr. Winkler’s trial. He displayed a blown-up image of a fluke, a flat, speckled fish with both eyes on its left side, and said that Mr. Winkler had caught 10 or 15 times the amount allowed on some days.

The case is one of at least two dozen related to the seafood trade brought by the Justice Department’s Environment and Natural Resources Division over the past 15 years. Those included prosecutions of four other Long Island trawler operators charged with overfishing fluke, two of whom received prison time.

Advertisement

But one fisherman had the charges against him dismissed, and Mr. Winkler has hired the lawyers from that case: Richard W. Levitt and Peter S. Smith, the latter of whom spent the day on the boat sorting through piles of slimy fish and separating large and small squid into bins to be packed on ice and trucked to the New Fulton Fish Market in the Bronx. He was joined by the team’s investigator, Tom Brennan, who worked in clamming and oystering before going into law enforcement.

The rules require fishermen to throw back fish from sought-after species that exceed the daily limit, even though they often perish in the process. Mr. Smith warned his client to steer clear of the discussion about the rules, but did not hold back his own opinions.

“It’s a waste of good edible fish,” Mr. Smith said, struggling not to lose his footing on the slippery deck.

Mr. Winkler was born 75 miles west of Montauk, in Bay Shore, N.Y., in 1960, the son of two salespeople. He went fishing and clamming recreationally, and began surfing in his teens. He traveled and did odd jobs as a young man, spending time in the punk scene of the Bay Area and sailing to Europe and Africa. Montauk called him back, and soon he was on a trawler, being mentored by a third-generation fisherman.

“He taught me everything,” Mr. Winkler said as he checked his navigation systems inside the cabin at the start of the day. “I learned the business, how to do nets. I decided, I can do this for myself, and that’s what I did.”

Advertisement

For sustenance on the high seas, he eats bread from Night Owl Baker, which specializes in tangy sourdough and is run by his partner, Tracy Stoloff. The food magazine Edible East End once described the couple’s “fairy tale life.”

Just after daybreak, Mr. Winkler cast his first net, letting it skim under the surface before he hauled it up, dripping and full of catch. As waves lapped the boat, Mr. Winkler and his pro bono deckhands set about sorting through the pile, throwing back the sea robins, dogfish and porgies as flocks of sea gulls squawked overhead, eager for the castoffs.

That day’s voyage would ultimately be cut short at the request of Mr. Smith, who by midday was covered in fish gunk.

The total haul weighed in at 1,150 pounds of squid and about 30 pounds of fluke, well under the limit of 420 pounds.

The world’s oceans are under punishing stress. Humans have dumped so much plastic into the water that they have created a gyre of pollution known as the Great Pacific Garbage Patch. Climate change driven by carbon emissions is bleaching vibrant coral reefs to dead, colorless hulks. Fisheries that feed millions of people are becoming depleted as sea creatures are harvested faster than they can replace themselves.

Advertisement

The United Nations Food and Agriculture Organization says that only 64.6 percent of fishery stocks around the world were at biologically sustainable levels in 2019, compared with 90 percent in 1974.

These days, most of the seafood consumed in the United States is imported, and the government estimates that more than half of it is farmed. On Long Island, commercial fishermen and their allies say a flawed quota system for seafood caught in the wild is hastening the demise of the domestic industry as it struggles to compete against cheaper imports of questionable provenance.

Bonnie Brady, executive director of the Long Island Commercial Fishing Association, argues that regulators have at times used incomplete data to set the quotas, resulting in an unfair system that undercuts American fishermen.

“The issue is boots versus suits; what takes place in the ivory tower versus what fishermen live and breathe every day,” she said.

“You know where your fish is coming from if it’s caught by a New York State or U.S. commercial fisherman,” she said. “When you deal with outside this country, there’s no guarantee they adhere to any regulation at all.”

Advertisement

The quotas date to the 1970s, and were originally aimed at limiting foreign fishing vessels in the waters off the United States. In the decades since, as ecological awareness has grown, amendments to the federal law have focused on protecting the environment and ensuring that fishing grounds remain booming with catch.

Carl Safina, an author and ecologist who teaches at Stony Brook University on Long Island, helped establish the limits on fluke fishing as a member of the Mid-Atlantic Fishery Management Council in the 1990s and credited them with helping to revive a severely depleted stock.

“The fish definitely need these rules,” he said. “There’s just a lot of people fishing and a lot of pressure on them.”

But the limits on fluke, in particular, have come under fire. Senator Chuck Schumer has pushed a bill called the “Fluke Fairness Act” to force the government to change the quota system, and in 2019, New York State sued the federal government over the rules.

The lawsuit argued that fluke populations have bounced back since the 1980s — and that fluke have moved north toward New York as the oceans have grown warmer because of climate change. A judge sided with the federal government; New York officials have appealed.

Advertisement

For now, the limits stand and every trawler captain must abide by them.

Dr. Safina said he recognizes that fishermen have long chafed at the rules. After all, they are solo entrepreneurs at the mercy of the elements, the fish stock — and the law.

“I don’t relish seeing people prosecuted,” Dr. Safina said. As for the rules: “I think these things are necessary, but I think it’s unfortunate that they’re necessary.”

Gosman’s opened as a humble chowder stand in 1943, run by Robert and Mary Gosman, who were fish packers for the Fulton Fish Market, according to its website. They started buying property in the 1950s, laying the groundwork for a mini-empire as they raised six children. Today, the 11.6-acre complex feels a bit like a theme park version of a New England waterfront town.

Visitors go for drinks and lobster tacos at the Topside bar, savor clams and ice cream or grab a meal at the restaurant, which features enviable views and framed photos chronicling Montauk’s history. Inside Gosman’s Fish Market, people getting ready to grill at their summer homes buy fresh fish and artisanal chocolates.

Advertisement

But behind the retail and restaurants is the dock itself, where trawlers bob in the water in front of a cold-storage facility. As boxes and bins come in, they’re packed on ice for truck transport to New York City and beyond.

When prosecutors announced the case against Mr. Winkler in 2021, they said it was part of a conspiracy with Bryan and Asa Gosman and Bob Gosman Inc., a wholesale company they managed. They were all charged with conspiracy to commit mail and wire fraud.

The indictment said that between 2014 and 2016 Mr. Winkler caught over-quota fluke or black sea bass, frequently offloading his catch at the Gosmans’ facility, which would collect a fee for each box. Then, the Gosmans’ trucks would transport the catch to the Bronx for sale, according to the indictment. On several occasions, Bryan Gosman was said to have received a “commission on illegal fluke.”

The Gosmans pleaded guilty that year, and the business had to pay a $50,000 fine. Bryan and Asa Gosman are awaiting sentencing, and their lawyers declined to comment.

A superseding indictment in 2022 named only Mr. Winkler, and expanded the accusations, citing 220 fishing trips that had netted illegal fish worth about $888,000 on the wholesale market.

Advertisement

He was accused of having caught black sea bass out of season, and throwing fluke overboard when the Coast Guard approached the New Age. At least once, prosecutors said, Mr. Winkler texted Bryan Gosman to ask him to serve as a lookout for law enforcement before he docked.

On Wednesday, the defense attorney Mr. Levitt said that Mr. Winkler felt a calling for his traditional trade, and was being steamrollered by the government and the wealthy Gosmans.

“The Gosmans are up here,” he said, gesticulating as he paced the courtroom. “Chris Winkler is down here, and if the Gosmans step on Chris Winkler, they’re going to walk.”

At the end of that July day, Mr. Winkler steered the New Age toward the dock behind Gosman’s, where he strapped the boxes to a pulley to bring them ashore, still wearing his galoshes as he chatted with the workers in the packing facility. He had spent the day darting around the boat, tossing squid from plastic bins into boxes with ice, running up and down from the hold, hosing everything down between hauls.

A couple of weeks later, he cut a different figure at a procedural hearing before Judge Azrack. He had swapped out his squid-ink-stained T-shirt for a button-down tucked into gray jeans, and the easygoing smile from the boat was gone. He seemed pensive — perhaps resigned.

Advertisement

The judge said she expected the trial to be “fascinating.”

Mr. Winkler asked to be excused from the only remaining pretrial hearing, so that he could spend the day fishing instead. Judge Azrack granted his request.

“I’m going to see it through,” Mr. Winkler said when the hearing concluded. “It’s all I can do.”

Audio produced by Parin Behrooz.

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

New York

Rudy Giuliani, Slow to Transfer Assets to Election Workers, Could Be Held in Contempt

Published

on

Rudy Giuliani, Slow to Transfer Assets to Election Workers, Could Be Held in Contempt

Rudolph W. Giuliani, the former mayor of New York, was grilled for hours in federal court on Friday after missing several deadlines to hand over $11 million of his prized possessions to two poll workers he defamed after the 2020 election.

Mr. Giuliani avoided, for now, being held in contempt of court — a charge he has been threatened with at various times during the case and that could include jail time.

But for most of his time on the stand, Mr. Giuliani frustrated the judge and the plaintiffs’ lawyers with a spotty memory and vague answers that slowed to a crawl proceedings that were already bogged down in minutiae.

For much of the seven-hour hearing, lawyers on both sides were preoccupied with the question: Where have you gone, Joe DiMaggio?

One of the central items of Mr. Giuliani’s collection of sports memorabilia is a jersey signed by Mr. DiMaggio, the Yankees legend, that hung over the former mayor’s fireplace. On Friday, Mr. Giuliani said he had no idea where it was.

Advertisement

That was not the only missing Yankees great.

“There is no Reggie Jackson picture,” Mr. Giuliani said, referring to the right-fielder known as Mr. October. He had previously said in court documents that the picture would be handed over to the plaintiffs. But now, the photo didn’t exist, according to Mr. Giuliani. “The picture was Derek Jeter,” he said. “I was kind of confused about it.”

The judge, Lewis J. Liman, appeared skeptical of Mr. Giuliani’s puzzlement, noting that such a rare collectible, especially for an avowed Yankees fan, would be top of mind.

“I’m sorry,” Mr. Giuliani said in response to questions about the collectibles, and a number of other items that were expected to be found in his New York apartment. “When I looked, this is what I found.”

At the heart of the contempt charges he continues to face is whether Mr. Giuliani, 80, has been uncooperative with the handover of his personal assets, which will serve as a small down payment on the $148 million defamation judgment that he owes the plaintiffs, Ruby Freeman and her daughter, Shaye Moss. Mr. Giuliani said, repeatedly and without evidence, that the women helped steal the presidential election from Donald J. Trump more than four years ago.

Advertisement

The assets include a 10-room apartment on the Upper East Side of Manhattan; a 1980 Mercedes-Benz convertible; a collection of 26 designer watches; and rare Yankees collectibles, the most valuable of which might be the signed and framed DiMaggio jersey.

More than two months after a federal court judge ordered Mr. Giuliani to hand over the items, the former mayor and his lawyers contend that he has tried to comply fully, but that the process has been onerous.

“Mr. Giuliani is an 80-year-old man who has been hit by a whirlwind of discovery,” said Joseph M. Cammarata, Mr. Giuliani’s lawyer, who specialized in divorce cases before joining the defense team. Mr. Giuliani is also facing civil and criminal charges in other cases, stemming from his time as Mr. Trump’s personal lawyer.

In roughly three hours on the stand on Friday, Mr. Giuliani repeatedly responded that he could not remember details about his personal items or their whereabouts.

While pressing Mr. Giuliani, Meryl Governski, one of the lawyers for the plaintiffs, turned her attention to a checking account subject to the seizure.

Advertisement

“Where does it say that you turned over the cash?” she asked Mr. Giuliani, pointing out an omission in a recent letter he wrote to the court.

Mr. Giuliani, flipping through a bulky binder of materials, appeared flustered. “Are we talking about the Mercedes now?” he said.

As the hearing dragged on, lawyers on both sides seemed to test Judge Liman’s patience. After a long series of objections by Mr. Cammarata, nearly all of them overruled, Judge Liman chastised the defense.

“If you have one more speaking objection, sir, you’re going to have to sit down,” he said. “You know the rules.”

On Thursday, Mr. Giuliani’s lawyer asked if his client could appear virtually, because of medical issues related to his left knee, as well as breathing problems attributed to Mr. Giuliani’s time spent at the World Trade Center after the Sept. 11 attacks.

Advertisement

But Judge Liman, who had a testy exchange with Mr. Giuliani about the case in November, said he would not accept Mr. Giuliani’s testimony unless he attended in person. So the former mayor, in a dark blue suit and glasses, walked into the 15th floor courtroom on Friday with a visible limp and a dry cough.

The transfer was originally scheduled to take place in late October. But one deadline after another has passed, and lawyers for the women said they have received only a fraction of the property.

The women have yet to receive legal possession of Mr. Giuliani’s apartment, once listed for over $6 million, in part because paperwork has not been updated since his divorce from his ex-wife Judith Giuliani, according to court filings. The title to Mr. Giuliani’s convertible, which he said was once owned by Lauren Bacall, has yet to be transferred.

But Mr. Giuliani raised eyebrows on Election Day, when he appeared in the passenger seat of the same convertible, more than a week after the initial turnover deadline. On Friday, he said he has requested a copy of the title to the car three times, but has yet to receive it.

In November, Mr. Giuliani’s original lawyers withdrew from the case, citing an undisclosed professional ethics reason.

Advertisement

In a recently unsealed letter explaining their departure, one of the lawyers, Kenneth Caruso, a longtime friend of Mr. Giuliani, said his client was not cooperating in the discovery process related to a condominium he owns in Palm Beach, Fla., and was withholding access to his electronic devices.

The judge will determine on Monday whether Mr. Giuliani was uncooperative during the discovery process. A separate hearing will be held to discuss his turnover efforts.

Later this month, Mr. Giuliani also faces the possibility of contempt charges in a Washington, D.C., court, where he has been accused of continuing to publicly make false claims about the two Georgia poll workers.

On Jan. 16, Mr. Giuliani is expected back in court to argue that his Palm Beach condo, as well as three personalized Yankees World Series rings, should be excluded from the handover.

Outside the courthouse, at a prepared mic stand, Mr. Giuliani, who typically appeared energized and combative, demurred.

Advertisement

“It would be inappropriate and unwise to say a darn thing about this case right now,” he said.

Continue Reading

New York

9 Plays to Warm Up Winter in New York

Published

on

9 Plays to Warm Up Winter in New York

In New York, Broadway hits its winter lull in January, as Off Broadway and beyond burst into activity. If most of the tourists have gone home after the holidays, many of the visiting theater artists have arrived from all over, for the annual festivals that draw a tantalizing breadth of new work.

The venerable Under the Radar festival (Saturday through Jan. 19), now in its post-Public Theater era, is blossoming lushly again, with some of the city’s major companies participating. The Prototype Festival (Thursday through Jan. 19) has a full menu of interdisciplinary opera, while the Exponential Festival (through Feb. 2) centers local emerging experimental theater makers. There’s also the International Fringe Encore Series (through March 16), whose lineup includes “Gwyneth Goes Skiing,” one of two Gwyneth Paltrow-focused shows at last year’s Edinburgh Festival Fringe.

It’s a bountiful month, on festival stages and elsewhere. Here are nine shows worth keeping in mind.

In this hourlong play by the Iranian writer-director Amir Reza Koohestani, a political prisoner in Tehran asks her husband to help a young woman, who was blinded in a protest, to run a marathon in Paris. The more dangerous race is the one they undertake from there: trying to cross the English Channel through the tunnel without being hit by a train. A two-hander performed in Persian with English supertitles, and presented with Arian Moayed’s company, Waterwell, it’s about surveillance, oppression and the insistent pursuit of freedom. The critic Michael Billington called it “mesmerizing.” Part of Under the Radar. (Saturday through Jan. 24, St. Ann’s Warehouse)

The Canadian puppet artist Ronnie Burkett is a marvel to watch, manipulating populous casts of marionettes all on his own. Too seldom seen in New York, he arrives this month for a brief run of his new play, which landed on The Globe and Mail’s top-10 list of 2024 shows. The story is about an old man, Joe, and his aged dog, Mister, who lose their home to gentrification and hit the streets, approaching misfortune as adventure. This is not puppetry for little ones, though; audience members must be 16 or older. Part of Under the Radar. (Tuesday through Jan. 12, Lincoln Center)

Advertisement

The company Wakka Wakka (“The Immortal Jellyfish Girl”) descends into the underworld with this sparkling puppet piece about a pair of skeletons: a dodo and a boy. Their ancient bones are in the process of disintegrating. Then, out of nowhere, the bird grows a new bone, sprouts fresh feathers — and is apparently not dead as a dodo after all. Directed by Gwendolyn Warnock and Kirjan Waage, who wrote it with the ensemble, this show is recommended for ages 7 and up. But be warned: Wakka Wakka does not shy from darkness. Part of Under the Radar. (Wednesday through Feb. 9, Baruch Performing Arts Center)

American history and politics are Robert Schenkkan’s dramatic bailiwick. He won a Pulitzer Prize for “The Kentucky Cycle” and a Tony Award for “All the Way.” And Brian Cox starred as Lyndon B. Johnson in Schenkkan’s most recent Broadway production, “The Great Society.” For this satire, though, the playwright teams up with the Portuguese company Mala Voadora and the director Jorge Andrade to tell a distinctly Portuguese story, pitting the rooster that is a symbol of that country against António de Oliveira Salazar, the dictator who ruled it for decades. Part of Under the Radar. (Wednesday through Jan. 19, 59E59 Theaters)

Eliya Smith, a master of fine arts candidate at the University of Texas at Austin whose previous forays into New York theater include the intriguingly strange, fragmented elegy “Deadclass, Ohio,” makes her Off Broadway playwriting debut with this world premiere. Directed by the Obie Award winner Les Waters (“Dana H.”), it’s about a group of teenagers in a summer cabin in Hurt, Va., confronting loss. And, yes, even this camp has a resident guitarist. (Thursday through Feb. 16, Atlantic Theater Company)

The experimental company Target Margin Theater does not pussyfoot when it comes to re-examining canonical classics. Adapted and directed by David Herskovits, this interpretation of “Show Boat” aims to reframe the Jerome Kern and Oscar Hammerstein II musical from 1927, about the entertainers and others aboard a riverboat on the Mississippi in the late 19th and early 20th centuries. Groundbreaking in its time for its themes, including racism and interracial marriage, “Show Boat” has long been accused of being racist itself. The content advisory warns: “The production includes racially offensive language and incidents.” Part of Under the Radar. (Thursday through Jan. 26, N.Y.U. Skirball)

The Golan Heights-based writer-performer Khawla Ibraheem plays a Gazan woman rehearsing what she will do if she hears a low-level warning bomb — a “knock on the roof” by the Israeli military — which would mean she had only minutes to evacuate her home before an airstrike escalated. Directed by the Obie winner Oliver Butler (“What the Constitution Means to Me”), who developed the play with Ibraheem, it won awards at the Edinburgh Festival Fringe this summer. Part of Under the Radar, this production moves to the Royal Court Theater in London in February. (Jan. 10 through Feb. 16, New York Theater Workshop)

Advertisement

Jordan Harrison’s new play imagines a history of the Late Human Age as told by the “nonorganic beings” who will succeed us. Starting on the night in 1816 when Mary Shelley told her ghost story, it hops through time to 2240. Building on themes Harrison contemplated in “Marjorie Prime,” it’s about what it is to be human, and whether we’ve sown the seeds of our destruction. Produced with the Vineyard Theater in New York and the Goodman Theater in Chicago, where it is slated to run this spring. David Cromer and Caitlin Sullivan direct. (Jan. 11 through Feb. 23, Playwrights Horizons)

The writer-director Matthew Gasda, who first gained traction a few years back with his scenester play “Dimes Square,” now stages an adaptation of Chekhov’s “Uncle Vanya,” created with its actors over the past year. Bob Laine, a star of “Dimes Square” (which makes a fleeting return this month), plays the title role in “Vanya,” opposite fellow “Dimes Square” cast member Asli Mumtas as Vanya’s longed-for love interest, Yelena. (Jan. 14 through Feb. 4, Brooklyn Center for Theater Research)

Continue Reading

New York

Video: Adams’s Former Chief Adviser and Her Son Charged With Corruption

Published

on

Video: Adams’s Former Chief Adviser and Her Son Charged With Corruption

new video loaded: Adams’s Former Chief Adviser and Her Son Charged With Corruption

transcript

transcript

Adams’s Former Chief Adviser and Her Son Charged With Corruption

Ingrid Lewis-Martin, who resigned as Mayor Eric Adams’s chief adviser, and her son, Glenn D. Martin II, were charged with taking $100,000 in bribes from two businessmen in a quid-pro-quo scheme.

We allege that Ingrid Lewis-Martin engaged in a long-running bribery, money laundering and conspiracy scheme by using her position and authority as the chief adviser of — chief adviser to the New York City mayor, the second-highest position in city government — to illegally influence city decisions in exchange for in excess of $100,000 in cash and other benefits for herself and her son, Glenn Martin II. We allege that real estate developers and business owners Raizada “Pinky” Vaid and Mayank Dwivedi paid for access and influence to the tune more than $100,000. Lewis-Martin acted as an on-call consultant for Vaid and Dwivedi, serving at their pleasure to resolve whatever issues they had with D.O.B. on their construction projects, and she did so without regard for security considerations and with utter and complete disregard for D.O.B.’s expertise and the public servants who work there.

Advertisement

Recent episodes in New York

Continue Reading

Trending