Department of Justice
U.S. Attorney's Office
- Southern District of Florida

FOR IMMEDIATE RELEASE
October 23, 2002

SEAFOOD IMPORTER CHARGED WITH DISTRIBUTING LOBSTER CONTAMINATED WITH SALMONELLA

Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida; John P. Clark, Special Agent in Charge, United States Customs Service (USCS); Robert Bradenbaugh, Acting Special Agent in Charge, Southeast Region, United States Food and Drug Administration (FDA), Office of Criminal Investigation; and Richard C. Livingston, Special Agent in Charge, National Marine Fisheries Service, announced today that one of South Florida's largest seafood importers and processors and its vice-president have been charged in a four-count felony Information. Carlos Seafood, Inc., a family owned and operated business located in Miami since 1978, has been charged with entering 24,750 pounds of frozen lobster contaminated with salmonella into United States commerce with the intent to defraud, in violation of Title 21, United States Code, Sections 331(a) and 333(a)(2); and importing and entering the lobster into United States commerce using false documents, in violation of Title 16, United States Code, Sections 3372(d)(1) and 3373(d)(3)(A), and Title 18, United States Code, Section 542. Lillian Berdeal, vice-president of Carlos Seafood, Inc., was charged with misprison of a felony, a violation of Title 18, United States Code, Section 4, for her participation in the illegal conduct.

Carlos Seafood, Inc., faces a one to five year term of probation and a $500,000 fine for each of the three felonies. Lillian Berdeal faces a maximum three-year sentence of imprisonment for her participation in entering the contaminated seafood into United States commerce.

According to the Information filed in federal court today, on ten occasions between 1997 and 1998, Carlos Seafood, Inc., imported 24,750 pounds of frozen lobster tail, valued at approximately $433,000, from suppliers in Mexico and Jamaica. Seafood from these suppliers had previously tested positive for salmonella contamination. As a result, USCS issued an alert to stop future entries. FDA sent a Notice of Detention to Carlos Seafood and its broker agent to detain each shipment until it could be determined that the ten shipments were free of contamination. The Information states that Carlos Seafood, Inc., submitted most of the shipments to independent testing, with the result that the shipments were found to be contaminated by salmonella bacteria. Based on these findings and on the alerts previously issued by USCS, FDA issued Notices of Refusal for the ten shipments of lobster and ordered the importer to destroy or re-export the ten contaminated lobster shipments.

The Information alleges that Ms. Berdeal contacted the company's broker agent to fix the problem with the shipments. Acting in response to Ms. Berdeal's instruction, the broker agent then prepared false USCS Forms 3499, which advised USCS that the harmful shipments of lobster would be destroyed. The broker agent forged the authorizing USCS inspector's signature and attached counterfeit "dump tickets" purportedly issued by the Metro-Dade Department of Solid Waste to verify the lobster's destruction. Copies of these counterfeited and forged forms were provided to Ms. Berdeal. The frozen lobster contaminated with the salmonella was then distributed in United States commerce.

The FDA and USCS regulations prohibit importations of food that are injurious to consumer health and safety. Under the regulations shipments of food must be detained and are not permitted entry into the United States unless it can be determined that the food complies with the regulations. FDA issues a Notice of Detention to the importer and broker of potentially harmful food, which requires them to hold the food until it can be found safe for consumption. Either FDA or the importer's independent laboratory samples the food and analyzes it for harmful substances. If the sample contains a harmful substance, FDA issues a Notice of Refusal, and the importer through its broker must either destroy or re-export the food.

Mr. Jiménez commended the investigative efforts of the United States Customs Service, the United States Food and Drug Administration, and the National Marine Fisheries Service. This case is being prosecuted by Assistant U.S. Attorney Diane Patrick.