Wilmington, DE – Jordanian shipping company Arab Ship Management Ltd. (ASM) has been sentenced following a guilty plea to illegally discharging oily waste into U.S. waters, a violation of international maritime law. The case, brought to light by a U.S. Coast Guard inspection, highlights ongoing efforts to combat environmental crimes committed at sea and protect vulnerable marine ecosystems.
According to court documents, the violations occurred aboard the M/V Neameh, a 6,398 gross ton livestock carrier. On March 28, 2013, a routine inspection by the Coast Guard at the Delaware Bay Big Stone Anchorage revealed a deliberate attempt to circumvent pollution prevention regulations. Inspectors discovered heavy oil sludge within the vessel’s discharge piping – a clear indication that the ship’s pollution control equipment was not functioning as intended. Further investigation revealed that the piping had been intentionally modified to allow direct overboard discharge of oil sludge, a prohibited practice under maritime law.
The deception didn’t stop there. Coast Guard officers were presented with falsified oil record books, critical documents used to track oil management and disposal. These records contained conflicting entries and fake oily waste disposal receipts, designed to conceal the illegal discharges. The manipulation of these logs represents a significant attempt to mislead authorities and evade accountability.
Investigation and Prosecution
The U.S. Coast Guard Sector Delaware Bay, Marine Safety Detachment Lewes, and the Coast Guard Investigative Service spearheaded the investigation. Their meticulous work, combined with the expertise of the Department of Justice’s Environmental Crimes Section and the U.S. Attorney’s Office for the District of Delaware, built a solid case against ASM. Trial Attorney Stephen Da Ponte and Assistant U.S. Attorney Edmond Falgowski successfully prosecuted the matter, securing a guilty plea and a substantial penalty.
Penalties and Implications
On May 20, 2014, ASM pleaded guilty to violating the Act to Prevent Pollution from Ships (APPS), specifically 33 U.S.C. 1908(a), which implements the MARPOL Protocol. The company was sentenced to pay a total criminal penalty of $500,000, comprised of $375,000 in restitution and a $125,000 community service payment earmarked for conservation efforts in coastal Delaware. Perhaps the most impactful aspect of the sentence is a two-year probation period during which all vessels owned and operated by ASM are banned from entering U.S. ports. This effectively restricts the company’s ability to conduct business within American waters, sending a strong deterrent message to the shipping industry.
A Clear Message from Authorities
U.S. Attorney for the District of Delaware, Charles M. Oberly III, emphasized the gravity of the offense, stating that environmental crimes at sea “will not be tolerated.” Captain Kathy Moore, U.S. Coast Guard Commander of Sector Delaware Bay, highlighted the diligence of marine inspectors in uncovering the violations and working with law enforcement to achieve a “appropriate resolution.” The case underscores the Coast Guard’s commitment to environmental protection and its proactive approach to identifying and prosecuting illegal maritime activity.
Key Facts
- Defendant: Arab Ship Management Ltd.
- Crime: Illegal discharge of oily waste into U.S. waters.
- Location: Delaware Bay, Delaware
- Date of Plea: May 20, 2014
- Statute Violated: 33 U.S.C. 1908(a) – Act to Prevent Pollution from Ships (APPS) / MARPOL Protocol
- Penalty: $500,000 criminal penalty ($375,000 restitution, $125,000 community service), two-year ban from U.S. ports.
- Vessel Involved: M/V Neameh
- Evidence: Modified piping, falsified oil record books, and discovery of oil sludge in discharge lines.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Arab Ship Management Ltd., Pollution, DE 2014 · New York
- Terry Miller, Water Pollution, Mississippi 2001 · Mississippi
- McWane, Inc., Water Pollution, AL 2006 · Delaware
- Chemical Equipment Labs, Inc., Pollution, PA 2011 · Mississippi
- Ronald Carey Meinzer, Water Pollution, PA 2007 · Mississippi
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