Blog
Transmar Shipping Co. Pleads Guilty in Oakland
Blog
July 31, 2010
The Greek Shipping company Transmar Shipping Co., S.A. pled guilty in federal court after being charged with violating the Act to Prevent Pollution from Ships (APPS). A U.S. Coast Guard investigation discovered that the Marshall Island-flagged ship, M/V New Fortune, had been illegally dumping oil and other harmful wastewater overboard without treatment and failing to maintain an accurate oil record book. The Chief Engineer, Dimitrois Dimitrakis, and the ship’s Second Engineer, Volodymyr Dombrovskyy, were also named as co-defendants and pled guilty as well.
The M/V New Fortune is a bulk carrier involved in world-wide commerce and operated with a crew of about 24 people. Like similar ships, New Fortune generated much oil contaminated wastewater while at sea, which can only be discharged through a federally mandated Oily Water Separator (OWS). However, the engineers instead had installed a bypass hose, commonly referred to as a “magic pipe,” to discharge the oily wastewater and sludge directly overboard without processing through the OWS.
As Chief Engineer, Dimitrakis was responsible for the operations of the engine room, including the supervision of daily operations, accurate maintenance of the Oil Record Book, and verification that all systems are functioning properly. As the Chief Engineer’s second in command, Dombrovskyy shared responsibility with Dimitrakis for the proper operation of the ship’s OWS. From March 2009 until February 2010, M/V New Fortune discharged its wastewater without treatment directly overboard, and attempted to cover it up by falsifying entries in the Oil Record Book.
The vessel’s operator, Transmar Shipping Co., pled guilty to two counts arising from the wrongful conduct of its employees: failing to maintain an accurate Oil Record Book and making false statements. A federal judge has ordered Transmar to pay a $750,000 fine and serve three years of probation. Chief Engineer Dimitrios Dimitrakis pled guilty to one count of failing to maintain an accurate Oil Record Book, and Second Engineer Volodomyr Dombrovskyy pled guilty to aiding and abetting the failure to maintain an accurate Oil Record Book. The engineers have not yet been sentenced, but both face up to six years in prison and a $250,000 fine.
This entry has been created for information and planning purposes. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts.