Oil Pollution Cases News

Criminal Liability of the Mariner (and His Employer)

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.