The whistle blower case stemmed from the charges of six Filipino crewmen aboard the Athenian Sea Carrier-owned tanker Captain X Kyriakou. The crewmen alleged to Coast Guard officials last November that the vessel engaged in illegal discharging into the ocean through a bypass pipe in violation of international law. The six crewmen all testified during the trial to various violations by the vessel crew, including being ordered to lie to Coast Guard investigators about the violations.
While the trial revolved around the illegal dumping, the actual charges did not involve the international violations. The dumping charges must, under international law, be prosecuted by the vessel's flag country. The state case was allowed because the vessel was in a California port when the Filipino crewmen's allegations were made. While prosecutors in the California case were not being able to bring charges for the dumping, they did bring charges alleging that the vessel's crew engaged in making false statements to inspectors, falsifying the vessel's oil record book, obstructing the Coast Guard investigation and destroying evidence related to the case.
Despite the allegations of the six whistleblower crewmen, the jury found fault with numerous contradiction in their individual testimonies. The defense attorneys for the shipping line and charged crewmen pointed to a U.S. program that pays reward money for whistleblowers as a possible motive for the Filipino crewmen to lie.
The Eastern District federal court case represents only the second trial, and first acquittal, of a case by a U.S. jury based on the controversial MARPOL-related charge of maintaining false oil discharge record books. Other's charged under the regulation have negotiated guilty pleas before trial. MARPOL is a treaty ratified and implemented by the United States, and U.S. law limit the oil content of discharges from ships to not more than 15 parts per million.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now