Maritime & Strict Liability Criminal Statutes
There are a number of federal and state statutes that intentionally and justifiably impose strict criminal liability. Persons who manufacture hazardous explosives and those who keep dangerous animals create serious risks to public safety. Clearly placing the burden of potential criminal liability, even in the absence of criminal negligence or intent, on those persons and entities is appropriate. There are other statutes, though, that fail to disclose whether the authors intended for the criminal penalties included for noncompliance to be strictly applied or whether criminal liability requires proof of criminal negligence or specific intent. Two such statutes of interest to the maritime community are the Refuse Act of 1899 and the Migratory Bird Treaty Act (MBTA).
Coast Guard and INS Team Up to Stop Fraud
Coast Guard Investigative Service, Coast Guard Marine Safety Office Miami and Immigration and Naturalization Service agents teamed up to crack two cases of merchant marine document fraud out of Miami July 3. The agencies served and executed search warrants at two locations on the Miami River, helping agents to collect evidence in support of an eight month CGIS investigation; resulting in a series of arrests. The documents seized during this operation included medical certifications, Standards for Training Certification and Watchstanders, employment letters that stated individuals were employees of maritime companies to help obtain U.S.
Four Seaman Awarded $250,000
Four Filipino seamen received a total of $250,000 dollars from the U.S. Department of Justice for their initiative in protecting the environment. The four informed the U.S. Coast Guard of the actions of the M/V Katerina, a ship that was found to be in violation of international and U.S. environmental laws. U.S. Embassy Chargé Joseph Mussomeli presented the cash awards to Jonathan Sanchez, Jimmy Piamonte, Florencio Tolentino and Richard Santillan during a ceremony held today at the U.S. Embassy in the Phillippines. 1. Between February 2004 and September 2004 the M/V Katerina, a 600-foot, 16,320 ton vessel, illegally dumped large amounts of oil waste into the ocean.
Homeland Security Announces Reorganization
While visiting several hundred future Department of Homeland Security employees in Miami, Secretary Ridge highlighted the Department's strategic goals for building a nation where Americans are protected from the evil of terrorism. One of the top priorities is to integrate specific departmental functions to enhance efficiencies and create greater accountability in one seamless border service. To accomplish this, today President Bush submitted to Congress a modification to the Department of Homeland Security Reorganization Plan which establishes the organizational framework for the Department's Border and Transportation Security mission.
Settlement Announced in GRUMANT Investigation
United States Attorney Michael Mosman announced today the settlement of a criminal investigation into illegal ocean pollution by the cargo ship M/V GRUMANT. Under the settlement, the operators of the GRUMANT will plead guilty to a single felony count for violations of the Act to Prevent Pollution From Ships, a federal law that implements an international treaty forbidding oil pollution of the oceans by commercial ships. Grid Odessa, Ltd., of Odessa, Ukraine, will pay a fine of $275,000 and be placed on probation. Large commercial ships use a heavy fuel oil that must be treated on board ship to remove impurities and water before it can be burned in the ship’s engine. This process creates substantial amounts of oily waste.
