On November 14, 2011, the U.S. District Court for the Northern District of California accepted guilty pleas from Dianik Bross Shipping Corp., S.A. and Chief Engineer Vassili Samoilenko to charges relating to the failure to maintain an oil record book on the M/V KOSTAS N. The company was sentenced to a penalty of $650,000 and placed on two-years' probation, with a requirement to implement a court-supervised Environmental Compliance Plan. Samoilenko was sentenced to three months of community confinement, but was given credit for time served and allowed to return home to Estonia. The charges stemmed from an August 3, 2011 port state control boarding in San Francisco, during which a crewmember slipped a note to the boarding officer reporting that the ship had used a bypass to discharge sludge and was tampering with the oil water separator. The note stated that the whistleblower had cell phone videos of the misconduct. The note also complained that the Chief Engineer "acts like a monster to the crew." The whistleblower was granted an award of $250,000 for his report. A copy of the whistleblower's note is available here.
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Whistleblower report leads to conviction for bulkship operator and chief engineer
- Winston & Strawn LLP
- Allen Black
- USA
- November 18 2011
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Dr Jürgen Fegbeutel
Legal Services Director
BMW (South Africa) (Pty) Ltd
