Falsified Oil Record Book News

A ship management company has pleaded guilty and was sentenced October 27, 2015 for deliberately concealing pollution discharges from the ship directly into the sea and for falsifying its oil record book, announced U.S. Attorney Kenneth Magidson along with Rear Admiral David R. Callahan, Eighth District Coast Guard Commander. Chandris (Hellas) Inc. is headquartered in Greece and operated the M/V Sestrea - an 81,502 ton cargo ship that made calls in multiple ports in Texas. Chandris pleaded guilty to a violation of the Act to Prevent Pollution from Ships for failing to properly maintain an oil record book as required by federal and international law, as well as a violation of making a false statement for making a false entry in the ship’s oil record book. Shortly following the plea, U.S.

An Italian shipping firm based in Genoa, Italy, pleaded guilty to violating the Act to Prevent Pollution from Ships by falsifying required ships’ documents to hide the fact that the ship had illegally discharged oil contaminated waste into the ocean on multiple occasions, announced the Department of Justice Environment and Natural Resources Division, the U.S. Attorney’s Office for the Middle District of Florida, and the U.S. Coast Guard. Carbofin S.PA. (Carbofin) agreed to plead…

DC Federal Court plea agreement requires Singapore-based Pacific International Lines, to pay US$2.2-million. The offenses relate to the operation of the company's container shilp M/V Southern Lily 2 in June 2012. The company previously pleaded guilty to three felony charges that it made false statements to the U.S. Coast Guard and violated the Act to Prevent Pollution from Ships by concealing illegal waste water operations and discharges in a falsified oil record book – a required…

New Zealand Fishing Company and Chief Engineer Sentenced for Environmental Crimes and Obstruction of Justice. A New Zealand fishing company that owned and operated the tuna fishing vessel San Nikunau, and a former chief engineer on the ship, were sentenced in federal court today for environmental crimes and obstruction of justice, announced Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney for the District of Columbia Ronald C. Machen Jr. Sanford Ltd.

A Panamanian company that operated a 40,000-ton oil tanker ship that regularly made calls in multiple ports in Texas pleaded guilty Oct. 21 in federal court in Houston for deliberately concealing pollution discharges from the ship directly into the sea, the Justice Department announced. Styga Compania Naviera S.A., the operator of the M/T Georgios M, pleaded guilty to three felony violations of the Act to Prevent Pollution from Ships for failing to properly maintain an oil record book as required by federal and international law. According to a plea agreement filed with U.S. District Court for the Southern District of Texas, the company has agreed to pay a $1m criminal fine along with a $250…

On Nov. 10, Hiong Guan Navegacion Japan Co. Ltd., operator of the commercial cargo ship Balsa 62, agreed to plead guilty in U.S. District Court in Tampa, Fla., to conspiracy and to falsifying and failing to properly maintain records meant to ensure environmental compliance, the Justice Department announced. Specifically, Hiong Guan agreed to plead guilty for falsifying the oil record book kept on board the Balsa 62. Federal and international law requires that all ships comply with pollution regulations that include the proper disposal of oily water and sludge by passing the oily water through an oily-water separator aboard the vessel or burning the sludge in the ship’s incinerator.

Höegh Fleet Services A/S, a Norwegian operator of a fleet of ocean going cargo ships, was sentenced to pay a $3.5 million fine for seven felony charges relating to the falsification of records concealing the intentional dumping of waste oil into the ocean. Previously, on September 25, 2003, Vincent Genovana, an engineering officer on the M/V Höegh Minerva, pleaded guilty to falsifying documents and covering up evidence in order to obstruct or influence a United States Coast Guard investigation. In addition to the fine, U.S. District Court Judge Ronald B. Leighton ordered Höegh Fleet Services A/S to develop and implement a comprehensive environmental compliance plan for its fleet of 38 vessels that call on U.S. ports, and serve four years on probation.

Höegh Fleet Services A/S was sentenced to pay a $3.5 million fine for seven felony charges relating to the falsification of records concealing the intentional dumping of waste oil into the ocean. Previously, on September 25, 2003, Vincent Genovana, an engineering officer on the M/V Höegh Minerva, pleaded guilty to falsifying documents and covering up evidence in order to obstruct or influence a U.S. Coast Guard investigation. In addition to the fine, U.S. District Court Judge Ronald B. Leighton ordered Höegh Fleet Services A/S to develop and implement a comprehensive environmental compliance plan for its fleet of 38 vessels that call on U.S. ports, and serve four years on probation.

Mark Humphries, the chief engineer of the M/V Tanabata, an American-flagged car-carrier ship based in Baltimore, was convicted by a jury on one count of conspiracy and two counts of making false statements, announced Ronald J. Tenpas, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Rod J. Rosenstein, U.S. Attorney for the District of Maryland. At trial, it was proven that the M/V Tanabata had a removable bypass pipe or “magic pipe” that was used to discharge oily waste without the use of an oily-water separator, a required pollution control devise. The discharges were, however, falsely recorded as having been processed through the separator in the ship’s oil record book, a required log regularly inspected by the U.S.

The US Department of Justice siad that two engineering officers have been sentenced after pleading guilty to presenting a falsified oil record book to the US Coast Guard. The chief engineer was sentenced to five months in prison and two months supervised release during which he may not serve as an engineering officer on a ship in US waters. The second engineer was sentenced to three years probation during which he may not serve as an engineering officer on a ship in US waters. Source: HK Law

The US Department of Justice said that a foreign ship operator was fined $400,000 (and assessed a $100,000 community service payment) for violation of the Act to Prevent Pollution from Ships (APPS) by failing to maintain an accurate oil record book. The company was also placed on probation for three years, during which time its ships will be banned from US ports and waters. The Department of Justice has requested the court to award half of the fine ($200,000) to the three crewmembers who reported the illegal dumping and falsified oil record book. Source: HK Law

The Chief Engineer of a Panamanian registered container ship was sentenced today in federal court to charges of conspiracy, obstruction, destruction of evidence, false statements and violation of the Act to Prevent Pollution from Ships in connection with the use of a secretly concealed "magic pipe" used to deliberately discharge tons of sludge and oil contaminated waste overboard. Michael J. Sullivan, the U.S. Attorney for the District of Massachusetts; Sue Ellen Wooldridge, Assistant Attorney General of the Department of Justice's Environment and Natural Resources Division; Rear Admiral David P. Pekoske, Commander, First Coast Guard District; and William Schenkelberg, Special Agent in Charge of the Northeast Region of the U.S.

MSC Ship Management (Hong Kong) Limited—a Hong Kong-based container ship company—has agreed to plead guilty to charges that it engaged in conspiracy, obstruction of justice, destruction of evidence, false statements and violated the Act to Prevent Pollution from Ships, the Department of Justice announced today. Per the terms of a plea agreement that must be approved by the court, MSC Ship Management will pay $10.5 million in penalties. This is the largest fine in which a single vessel has been charged with deliberate pollution and the largest criminal fine paid by a defendant in an environmental case in Massachusetts history. According to the plea agreement…

By Jeffrey S. In recent years, federal prosecutors have pursued criminal charges against shipping companies and their employees with increasing energy. This trend is alarming not only because it targets both denizens of the wheelhouse and the executive suite alike, but because it relies upon criminal statutes that are out of step with traditional tenets of criminal law and employs prosecutorial tactics which often lead to the distortion of facts and the loss of attorney-client privileges. Recent cases provide a "word-to-the-wise" and at the same time cry out for Congressional remedy. As one might expect, oil pollution cases are by far the most attractive to prosecutors.

An Indian national working as the Chief Engineer on the container ship M/V MSC Elena was indicted late yesterday by a federal Grand Jury and charged with conspiracy, obstruction, destruction of evidence, false statements and violation of the Act to Prevent Pollution from Ships in connection with the use of a secretly concealed "magic pipe" used to discharge sludge and oil contaminated waste overboard. Michael J. Sullivan, the U.S. Attorney for the District of Massachusetts; Kelly A. Johnson, Acting Assistant Attorney General of the Department of Justice's Environment and Natural Resources Division; and William Schenkelberg, Special Agent in Charge of the Northeast Region of the U.S. Coast Guard Investigative Service, announced the Grand Jury's Indictment of MANI SINGH, age 57, of India.