Legal Alert, Maintaining an Oil Record Book

Friday, February 13, 2009

Chris Myers, John Rowley, and John Irving of the Holland & Knight firm have authored a Client Alert on the recent decision of the US Court of Appeals for the Second Circuit rejecting a challenge to vicarious corporate criminal liability.  The case involved the criminal prosecution of a ship owner/operator for failure to properly maintain an oil record book (ORB) as required by Coast Guard regulations.  Members of the engineering department on the ship had utilized a by-pass pipe to route oily wastewater directly into the ocean.  The ORB was falsified to omit this activity.  The owner/operator contended that its policies prohibited such activity and that the government should be required to prove that the company did not have an effective compliance program.  The appellate court upheld the conviction, ruling that evidence of an effective compliance program could be used by a defendant to show that an employee was acting outside the scope of his/her employment, but was not an element of the offense.  The ruling is explained in greater detail in the Client Alert.  Readers may also contact the authors.

(Source:Holland & Knight)

Maritime Reporter November 2013 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Italy Ending Med Sea Rescues

Rights groups warn of risk of more deaths; EU mission Triton will have more limited scope. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,

St. Lawrence Seaway Workers Extend Strike Deadline

The union that represents workers on the St. Lawrence Seaway, the waterway that links the Great Lakes and the Atlantic Ocean, has extended a strike deadline to Monday at 5 p.

Total CEO: EU Must Fight US Crude Export Law

First major public appearance of new Total head; he challenges European politicians to fight US ban. The new head of French energy major Total challenged Europe to fight Washington over the U.

 
 
Maritime Careers / Shipboard Positions Navigation Offshore Oil Pod Propulsion Port Authority Salvage Ship Repair Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0908 sec (11 req/sec)