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Date: 02-27-2018

Case Style:

United States of America v. Sea World Management & Trading, Inc.

Southern District of Texas Courthouse - Houston, Texas

Case Number: 2:18-cr-00099


Court: United States District Court for the Southern District of Texas (Harris County)

Plaintiff's Attorney: Stephen Da Ponte and Julie K Hampton

Defendant's Attorney: George M. Chalos and Briton Paul Sparkman

Description: Houston, TX - Tank Vessel Operator and Master Convicted for Oil and Garbage Offenses

Sea World Management & Trading, Inc. and Edmon Fajardo were convicted on February 26, 2018 for maintaining false and incomplete records relating to the discharge of oil and garbage from an oil tanker that was operating off the coast of Texas. The defendants were also sentenced today by the court.

Sea World Management & Trading, Inc. and Fajardo pleaded guilty to two felony violations of the Act to Prevent Pollution from Ships, 33 U.S.C. ß 1908(a), for failing to accurately maintain the Sea Faithís Oil Record Book and Garbage Record Book. Under the terms of the plea agreement, the company will pay a total fine of $2.25 million and serve a 3-year term of probation during which all vessels operated by the company and calling on U.S. ports will be required to implement a robust Environmental Compliance Plan. Fajardo was sentenced to six months incarceration to be followed by two years supervised release and a $2,000 fine.

Sea World Management & Trading, Inc. is a tank vessel operating company, and Fajardo is the master of the tank vessel Sea Faith. Both admitted that oil cargo residues and machinery space bilge water were illegally dumped from the Sea Faith directly into the ocean while the vessel was transiting to Corpus Christi, TX, without the use of required pollution prevention equipment. They also admitted that these discharges were not recorded in the vesselís Oil Record Book as required. Specifically, on five different occasions between March 10, 2017, and March 18, 2017, Fajardo ordered crew members to illegally discharge oily waste from various locations of the vesselís cargo/deck spaces. These oily waste discharges bypassed the use of the vesselís required oil discharge monitoring equipment and were done while the vessel was in the Caribbean Sea and the Gulf of Mexico.

Sea World Management & Trading, Inc. and Fajardo further admitted that on March 10, 2017, and March 15, 2017, Fajardo ordered crew members to throw plastics, empty steel drums, oily rags, batteries, and empty paint cans directly overboard into the ocean. None of these garbage discharges were recorded as required in the vesselís Garbage Record Book.

The cases were investigated by the U.S. Coast Guard Sector Corpus Christi, U.S. Coast Guard Investigative Service, and Environmental Protection Agency-Criminal Investigation Division. The cases were prosecuted by Trial Attorney Stephen Da Ponte of the Environmental Crimes Section of the Department of Justice, and Assistant U.S. Attorney-In-Charge Julie K. Hampton of the U.S. Attorney's Office for the Southern District of Texas.

Outcome: Guilty

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: The oceans of the Earth are slowly being filled with trash and eventually all living things on the Earth will pay the price.

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