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Ocean Dumping Whistleblowers Wanted

By the 91pornWhistleblower Team

Last Wednesday (July 16), the Department of Justice (DOJ) announced that Connecticut-based Eagle Ship Management pleaded guilty to violating the Act to Prevent Pollution from Ships (APPS) by deliberately polluting U.S. waters off the coast of New Orleans from its maritime vessel the Gannet Bulker.^听1 The company likely will pay a criminal fine of $1,750,000 and be subject to external audits by an independent technical expert.听 The chief engineer of the ship was separately sentenced to a year in prison.

The APPS Targets Illegal Ocean Dumping

The Coast Guard launched its investigation after a crew member reported the ship dumping roughly 10,000 gallons of oil-contaminated bilge waste into the ocean at night without using required pollution prevention equipment or keeping proper records of the discharge.听 Senior ship officers and crew then lied to the Coast Guard, destroyed evidence, and fabricated personnel records to discredit the whistleblower.

The dumping of oil-based pollutants and other identified noxious liquids, and then taking steps to cover up the crime, are precisely what the APPS targets.听 Classic examples include:

• • Using so-called 鈥渕agic pipes鈥� to bypass filtering and monitoring devices for oily bilge water.
  • Discharging sludge overboard instead of properly disposing it ashore.
  • Disabling alarms or monitors intended to record and detect excess oily concentrations.
  • Keeping false 鈥淥il Record Books,鈥� which are supposed to accurately log all relevant discharges.

In announcing the criminal resolution, DOJ stressed its commitment to 鈥渧igorously prosecute violations of the laws that protect U.S. ports and waters,鈥� and the hope this enforcement action 鈥渟ends a clear message intended to deter deliberate pollution.鈥澨� The Coast Guard was equally clear that it remains 鈥渟teadfast in our commitment to enforcing maritime environmental laws to protect U.S. waters and . . . hold accountable those who violate these laws and endanger our marine environment.鈥�

The Government Relies on Whistleblowers to Report Illegal Ocean Dumping

As was the case here, the Government relies on whistleblowers to report this kind of illicit ocean dumping activity.听 Without those on the inside, who personally witness the clandestine dumping, the Government may have no other way of detecting the misbehavior.听 That is why the APPS has a whistleblower rewards provision, under which successful whistleblowers — even if foreign citizens — can receive up to one-half of any fines or civil penalties the Government collects.

There is no indication of whether the whistleblower who exposed the Gannet Bulker violations will receive any kind of whistleblower award.听 But the Government has awarded tens of millions of dollars to other ocean dumping whistleblowers over the years.听 And with this recent enforcement action, would-be whistleblowers should take heart in knowing the Government wants to hear from them.

91pornHas Substantial Experience Representing Whistleblowers

91pornwhistleblower partner Alysia Solow hailed this latest enforcement action as a strong indication that both DOJ and the Coast Guard will continue to vigorously enforce the APPS to stop illegal ocean dumping.听 Solow noted that 鈥渨hile there have been questions about the Trump Administration鈥檚 commitment to protecting the environment, it seems protecting our oceans under the APPS is still a priority.鈥澨� She encourages all whistleblowers with inside information on potential APPS violations to come forward.

91pornhas substantial experience representing whistleblowers under the APPS and the numerous other whistleblower rewards programs.听 We have been responsible for numerous groundbreaking whistleblower successes, recovering more than one billion dollars in Government and whistleblower recoveries.

If you would like to learn more about the APPS or what it means to be a whistleblower more broadly, please do not hesitate to contact us.听 We will connect you with an experienced member of the 91pornwhistleblower team for a free and confidential consultation.

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