Business

Cape Business Owner Who Allegedly Bought Stolen Oysters Makes His Case

A Cape Cod business owner who pleaded guilty to selling stolen oysters is defending his license to sell seafood. Mary Catherine Martin/AP

By Adam Vaccaro

June 5, 2014

2 minutes to read

The story of Joseph Vaudo reads like something out of a Richard Russo novel.

It starts, then, with the backstory. Last year, Barnstable Police began investigating reported oyster farm poachings in the area. In January, investigators said they had a suspect and were close to closing the case—and they heightened the tension with a teaser, telling the Cape Cod Times: “Where he sold the oysters is going to come as a pretty big surprise.’’

In March, police closed the case when they arrested 37-year-old West Yarmouth resident Michael Bryant. They also unveiled that he’d sold the oysters to Vaudo, the long-time owner of Joe’s Lobster Mart in Sandwich. Vaudo pleaded guilty that day to receiving stolen property and other charges. (His charge of willfully misleading police during an investigation, for example, was backed by investigators’ claims that he denied any knowledge of Bryant, despite surveillance video showing Bryant leave the shop.)

Many on the Cape took that both as a betrayal by Vaudo of the oyster farmers in the region, and his customers, as the charges brought against Bryant included shellfishing in a contaminated area. Vaudo, who has run the business in Sandwich over four decades, was ordered to pay $6,250 in fines.

A little more than a month later, he lost his seat on Sandwich’s Planning Board in an uncontested election to write-in candidate and local businessman Bob King, who launched his campaign a little more than a week before the election. (King tells Boston.com he was not running simply to bounce Vaudo from an elected position in light of the controversy, but acknowledged the circumstances helped him cruise to victory.)

Vaudo now finds himself defending his license to buy and sell seafood, at which the state’s Department of Health has taken aim. Vaudo has appealed. At a preliminary hearing this morning at the state’s Division of Administrative Law Appeals, Vaudo made his case.

John Kiernan, his attorney, said Vaudo has already paid his fine from the criminal complaint and suggested that should be punishment enough.

“We don’t contend the facts (of the criminal investigation),’’ Kiernan said. “We do contend (Vaudo) has been punished significantly.’’

Kiernan claimed Vaudo could demonstrate that no contaminated oysters ever reached customers. He also made an economic argument, suggesting that shuttering the business would cost 20 people their jobs and have a negative effect on both Vaudo’s suppliers and wholesale customers.

However, Magistrate Kenneth Bresler said that economic arguments will not factor into his final decision. “The stream of commerce won’t enter into this,’’ Bresler said.

Kiernan expressed optimism that Vaudo and DPH could reach a settlement, but DPH Deputy General Counsel James Strong did not appear to share it. “At this point, it’s unlikely,’’ he said.

The two sides set Sept. 4 as a hearing date, though that could change as it nears. The state also has until July 8 to enter a motion for a summary decision.