United States of America v Ionia Management SA (The “Kriton”) – US Court of Appeals (2nd Circuit) (McLaughlin, Calabresi and Livingston Ct JJ) – 20 January 2009
Criminal law – Alleged violations of Act to Prevent Pollution on Ships – Foreign-flagged oil tanker carrying oil to US ports – Crew illegally discharging oily waste in high seas and falsifying vessel’s oil record book when vessel out of US waters – Whether vessel’s management company failed to “maintain” oil record book when in US waters
The defendant (“Ionia”), a company incorporated in Liberia and headquartered in Greece, managed the vessel Kriton, a 600 ft oil tanker flying the flag of the Bahamas. Between January 2006 and April 2007 the Kriton delivered oil and petroleum products to ports in the United States. While making those deliveries, the engine room crew, under the direction and participation of the chief engineer and second engineer, routinely discharged oily waste water into the high seas through a “magic hose” designed to bypass the vessel’s Oily Water Separator, which would have cleaned the waste to prepare it for disposal as required by law. Moreover, the Kriton’s crew made false entries in the oil record book to conceal such discharges.
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Michael Daiches, Barrister
Mar 18 2009

