Feds seek $725,000 restitution in Christopher Winkler illegal fishing case

The federal government is arguing a Montauk commercial fisherman owes $725,000 in restitution after his conviction on illegal fishing charges — but his lawyers are arguing for no restitution at all. 

In a letter recently filed in federal court in Central Islip, federal prosecutors in the case against Christopher Winkler, 64, asked fisheries regulators from New York whether they would accept the money if a judge rules in favor of full restitution.

"Does the NYSDEC want that money.?" wrote Christopher Hale, of the Department of Justice’s environmental crimes unit, in an Aug. 5 email to the DEC, asking for a "prompt response."

Three days later, Julia Socrates, assistant director for the DEC’s Marine Resources division, wrote, "I can confirm that NYSDEC will accept the restitution funds," earmarking the potential gain for the Marine Resources Account of the DEC’s Conservation Fund.

Federal District Court Judge Joan Azrack in Central Islip is expected to make a decision on restitution soon, after delaying the matter at Winkler’s sentencing last month. Winkler in October was found guilty of all five counts of conspiracy, mail fraud and obstruction against him. He was sentenced to 30 months in prison with 2 years of supervised release and a $500 "special assessment." 

Hale in his email to the DEC noted the restitution matter is "hotly contested," as Winkler’s lawyers are arguing for no restitution. His filing points out that in cases in which the federal government is a victim, "the court shall ensure that all other victims receive full restitution before the United States receives any restitution." Federal regulators who brought the case at the National Oceanic and Atmospheric Administration "declined restitution," lawyers for Winkler wrote in their filing.

In the case of the DEC, Hale noted, he needed to confirm the DEC would accept the money to clear up "some confusion wherein the defense lawyers are making it seem like NYSDEC doesn’t even care or want the money."

The DEC’s Marine Resources division, which has been attempting for years to implement a saltwater fishing license to help cover expanding program and enforcement costs, left no doubt that it would accept.

In arguing for no restitution, or a considerably smaller one, Winkler’s lawyers called the matter "needlessly complex" and pointed out their client "is broke."

"He has a negative net worth," the filing by attorneys Richard Levitt and Peter Smith noted. "When he is released from prison, he will be 66 and have worked a long and difficult life. He likely will no longer have the New Age (his commercial fishing trawler), may not even have a [commercial fishing] license and, unfortunately whether he’ll still be married at that time is not clear ... Forfeiture will simply leave him in ruins."

In his pleadings, Hale acknowledged the $725,000 restitution he’s proposing would "undoubtedly [be] a drag on one’s finances, but it is less than the money that the defendant earned illegally during the conspiracy." Prosecutors argued at trial the fish Winkler was found guilty of illegally taking over the limits had a value of nearly $900,000. Prosecutors in the case argued he built a house in Montauk with the gains. Hale also told the DEC in his email that it's conceivable there would likely be a "collections issue" in securing the $725,000 as it is "doubtful that the defendant is liquid $725,000."

Explaining why the federal government declined any potential restitution payment, Kate Silverstein, spokeswoman for NOAA, noted the agency's rules allow it to retain fines, penalties and forfeitures from enforcement cases, "but this authority does not extend to restitution payments."

Bryan and Asa Gosman, who are part owners of the Gosman’s dock complex in Montauk and were charged in the original case, have agreed to pay $5,000 in restitution each as part of their 2021 plea agreements to a single count each of conspiracy, the filings noted. Both provided "substantial assistance and cooperation to the government," Hale wrote.

Winkler is due to report to prison in December.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.