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Thursday, August 22, 2024

Oil tanker operators plead guilty to environmental crimes

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Attorney General Merrick B. Garland | https://www.justice.gov/agencies/chart/ma

Two related companies that operated the motor tanker PS Dream—Prive Overseas Marine LLC and Prive Shipping Denizcilik Ticaret—pleaded guilty today to conspiracy, knowingly violating the Act to Prevent Pollution from Ships (APPS), and obstruction of justice related to the falsification of the tanker’s Oil Record Book. The guilty pleas were entered in federal court in New Orleans before Chief U.S. District Court Judge Nannette Jolivette Brown.

If the court approves the plea agreement, the companies will be fined a total of $2 million and serve four years of probation. Separate charges have been filed against Captain Abdurrahman Korkmaz, a Turkish national who was the ship’s master.

The criminal case stems from a report by a crew member who, on January 11, 2023, contacted the Coast Guard in New Orleans and shared a video showing oil being pumped overboard and trailing behind the tanker. When the ship arrived in New Orleans two weeks later, this individual and another crew member provided evidence to the Coast Guard. Video and photographic images were filed in court today by prosecutors.

“Deliberate pollution from ships, intentional falsification of records, and obstruction of justice are serious environmental crimes that will be vigorously prosecuted to the full extent of the law,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Maritime laws regulating pollution from ships are intended to ensure that ocean waters are not used as a dumping ground.”

“This case involved deceit and willful pollution, and this prosecution is intended to hold both corporations and individuals accountable,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Criminal prosecutions are needed to deter deliberate efforts to circumvent our Nation’s anti-pollution laws. Importantly, $500,000 of the criminal penalty will go toward environmental protection of the marine environment in our area.”

“Today's outcome sends a powerful message: those who falsify logs and take deliberate actions to conceal pollution will face significant consequences,” said Captain Greg Callaghan, Deputy Commander of U.S. Coast Guard (USCG) Sector New Orleans. “The Coast Guard and our partners remain steadfast in our shared commitment to safeguarding our waters and holding accountable those who threaten our marine ecosystems.”

“It is long past time for the maritime industry to meet its obligations under international law and stop illegal pollution from ships,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance.

The falsified logs presented during inspection were intended to conceal that oil-contaminated waste had been dumped overboard on route to New Orleans without complying with MARPOL Annex I regulations. According to court documents, senior managers at Prive Shipping were aware that oil-contaminated waste remained in a tank onboard.

The proposed $2 million criminal penalty includes $500,000 for organizational community service payments funding various maritime environmental projects managed by the National Fish & Wildlife Foundation in Louisiana's Eastern District.

Prive Overseas Marine is based in Dubai while Prive Shipping is based in Turkey. The corporations were charged with four felonies: conspiracy, an APPS violation, and two counts of obstruction of justice. Captain Korkmaz faces charges including an APPS violation and obstructing a Coast Guard inspection.

The investigation was conducted by multiple agencies including USCG Sector New Orleans with prosecution led by Senior Litigation Counsel Richard A. Udell along with other attorneys from relevant divisions.

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