TRENDS IN CRIMINAL ENFORCEMENT IN THE MARINE INDUSTRY:MORE TARGETS AND EXPANDING THEORIES OF LIABILITY

摘要

Owners and operators of vessels, shoresidepersonnel, facility managers, and corporate officers, amongothers, have become prime targets of environmental crimesprosecutors. With respect to the marine business, the trend beganin the mid-1990s with tankers, continued with cruise ships andcargo ships, and now includes fishing vessels and tugs/barges.Shoreside facilities and pipelines are in the crosshairs as well,with increased environmental enforcement actions being filed.Prosecutors rely on theories of liability beyond those contained inenvironmental statutes, such as false statements and obstructionof justice, and now include regulatory violations as a basis forcriminal prosecution; e.g., deficiencies in reporting and recordkeeping requirements. Despite numerous criminal prosecutionsover the last ten years for bypassing oil-water separators onvessels or otherwise discharging oily bilge water into the ocean,such prosecutions continue at an alarming rate. Far too fewcompanies seem to be learning from the mistakes of others. Withfederal and state authorities aggressively targetingenvironmental crimes, companies must take a hard look at theircorporate compliance policies to minimize chances of beingtargeted for criminal prosecution. This paper will identify trendsin criminal enforcement in the marine and marine-relatedindustries and make recommendations on how companies canprotect themselves and at the same time be prepared for criminalinvestigations.