South African goverment sued for helping US courts over fishing scandal

A multi-million-U. S.-dollar lawsuit has been brought against the South African government for helping U. S. courts jail a fishing magnate and his partners in a fishing scandal, it was reported on Friday. Arnold Bengis, a former Capetonian now living in London, his son David and his former business partner, Jeffrey Noll, are suing the South African government for 121 million rand (about 11 million dollars), the Cape Times said. In papers submitted to the Western Cape High Court, the trio say they are suing the government for helping U. S. courts jail them for smuggling South African lobster and Patagonian toothfish into the U. S. and for having to pay 22.5-million-dollar restitution to the government in 2012, according to the newspaper. They claim that the help the South African government gave to the U. S. criminal prosecution and restitution proceedings was unconstitutional and unlawful. This is the latest in a string of court cases involving Bengis, 78, and the now defunct Hout Bay Fishing Industries, once one of the country's top fishing companies. Between 1987 and 2001, Bengis and co-conspirators were involved in an elaborate scheme of poaching huge quantities of rock lobster and then exporting it illegally to the U. S.. Bengis said that during the plea bargain negotiations with the former anti-crime unit Scorpions in 2002, he and co-accused Collin van Schalkwyk had made it "absolutely clear that a guilty plea must bring an end to all potential criminal proceedings against ourselves" regarding the crimes he was charged with. The Scorpions had assured him that this was the case and had made it clear that the South African authorities had no interest in the U. S. proceedings and that no cooperation would be given. But in 2003, Bengis and his co-accused were arrested in the U. S., with the help of the South African government. In 2004, the U. S. courts sentenced Bengis to 46 months' imprisonment, his son to one year and Noll to 30 months. They completed their jail terms and were released. In 2007, South Africa applied to the U. S. courts for Bengis and the co-accused to pay restitution to the government. The case was rejected, but in 2011 the U. S. Court of Appeals overturned the lower court's decision, and in 2012 they were ordered to pay 22.5 million dollars, the largest restitution amount ever awarded under the U. S. Lacey Act. "It is clear the South African authorities actively and energetically assisted the U. S. authorities in their investigations and throughout our prosecution in the U. S. and participated in the U. S. legal processes .. (This) was contrary to the spirit and letter of the settlement agreement," Bengis said in the court papers . "I was transported to and from nine different institutions in chains and shackles in the company of hardened criminals.. We will forever be regarded as felons. Our credibility worldwide has been destroyed.. At my age, time is running out," Bengis was quoted as saying. The case will be heard on March 12.