From the environmental crimes blog

By Walter J - see his rather interesting follow ups from a lawyer's perspective on his blog -

March 28, 2007

The M/T KRITON

The M/T KRITON is an oil products tanker built in 1991. The vessel is owned by a company incorporated under the laws of Liberia and is managed by a Greek company. Not unusual at all in the shipping world. The vessel is registered in the Bahamas and operates pursuant to

the laws and authority of the Bahamian Flag State.

On March 20, 2007, the vessel arrived at New Haven Harbor in New Haven, Connecticut. After its arrival, a team of United States Coast Guard officers boarded the vessel to conduct an inspection. At that time, no deficiencies were found by the USCG boarding team. One day later, in the middle of the night, several additional USCG officers and individuals (some were apparently criminal investigators) boarded the vessel. This USCG team cited the vessel for "a suspected Marpol Violation - improper Oil/Record Book." Despite its classification that the “suspected Marpol Violation” was at worst a mere record keeping violation, the USCG detained the vessel. Captain of the Port Orders were issued. The Orders requested that the United States Customs and Border Protection Agency withhold the vessel’s customs clearance on the mere allegation that the USCG may have discovered a suspected violation which may subject the vessel owner and/or operator to a fine or civil penalty. In order to have the vessel released, the USCG is demanding a $1,000,000.00 bond.

Wait, it gets better. The USCG Legal Office has now required, in addition to the “satisfactory security agreement,” that the vessel: 1) agree to have twelve individual crew members leave the vessel and, thereafter, that the vessel maintain them in a New Haven motel for a minimum of 150 days; 2) agree to house, feed, and lodge these twelve individuals for a minimum of 150 days; 3) provide a per diem to these twelve individuals from the day they disembark the vessel for a minimum of 150 days; 4) agree, irrespective of the terms and conditions of the crew members individual employment contracts, to continue the employment of these twelve crew members and continue to pay their wages while they are detained by the Government in New Haven; and 5) ultimately bear the costs and expenses to repatriate these twelve crew members.

Despite requests for an explanation as to the basis and legal authority for its actions, the USCG has failed to respond.

All of this on the MERE ALLEGATION that there MAY be a violation.