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Fuglvog_Sentencing_Memorandum

Fuglvog_Sentencing_Memorandum

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Published by: KUCB on Feb 02, 2012
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07/17/2013

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KAREN L. LOEFFLER United States AttorneyANDREA T. STEWARDAssistant U.S. AttorneyFederal Building & U.S. Courthouse222 West Seventh Avenue, #9, Room 253Anchorage, Alaska 99513-7567Phone: (907) 271-5071Fax: (907) 271-1500Email:aunnie.steward@usdoj.govAttorneys for Plaintiff IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ALASKAUNITED STATES OF AMERICA,Plaintiff,vs.ARNE JAY FUGLVOG, Defendant.)))))))))))) No. 3:11-cr-00067-HRH
GOVERNMENT’S SENTENCINGMEMORANDUMINTRODUCTION
COMES NOW the United States of America and, by and through theundersigned Attorney, submits this Sentencing Memorandum for the sentencingscheduled for February 7, 2012, at 8:00 a.m.
Case 3:11-cr-00067-HRH Document 29 Filed 01/31/12 Page 1 of 10
 
SUMMARY OF SENTENCING RECOMMENDATIONSINCARCERATION...............................5 monthsSPECIAL ASSESSMENT...............................$25COMMUNITY SERVICE PAYMENT ................$100,000FINE..............................................$50,000SUPERVISED RELEASE .............................1 yearI.BACKGROUND
The defendant Arne Fuglvog, at the time of his criminal conduct was ahigh profile policy-maker in the fishing industry with a family history in the business. Fuglvog was once named the “Fisherman of the Year” by UnitedFisherman of Alaska, and yet for years it was his practice to fish in one areaand falsely report that he caught the fish in another area. The worst of Fuglvog’s illegal conduct was in the year 2005 when he doubled hisallowable catch in a specific area by lying about where he caught the fish.This type of conduct is difficult to detect by law enforcement and thusdifficult to deter. In this particular case, law enforcement first receivedcomplaints from a disgruntled former crew member of Fuglvog’s who hassince publicly admitted in an interview with APRN that he was upset withFuglvog because he had lost his job and that he was complicit in the illegal
U.S. v. Fuglvog3:11-cr-00067-HRHPage 2 of 10
Case 3:11-cr-00067-HRH Document 29 Filed 01/31/12 Page 2 of 10
 
activity while he was a crew member for Fuglvog. These complaints werelater substantiated when a fishing logbook was provided anonymously to lawenforcement with the allegation that it was Fuglvog’s private fishinglogbook.After a handwriting analysis of the logbook was completed it wasdetermined that some of the relevant entries were completed by Fuglvog.Computer data was subsequently obtained from the F/V Kamilar, the fishingvessel that Fuglvog owned and operated at the time of the alleged illegalconduct. A careful and thorough review of the computer by an expert wasable to resurrect some historical fishing data that corroborated some of therelevant logbook entries. The information in the logbook and computer established that some of the catch locations reported to the National MarineFisheries Service by Fuglvog—as required by law—were falsified.When Fuglvog was confronted with the illegal activity, he acceptedresponsibility and provided a thorough debrief to the government regardinghis and others’ illegal fishing activities. As the Court noted at the change of  plea, there is a cooperation agreement in this case. This is normallysomething that is kept under seal for the protection of the individual that iscooperating. Because the Court has already made the agreement public, and
U.S. v. Fuglvog3:11-cr-00067-HRHPage 3 of 10
Case 3:11-cr-00067-HRH Document 29 Filed 01/31/12 Page 3 of 10

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