HOUSTON, TX – Greek shipping companies Avin International LTD and Nicos I.V. Special Maritime Enterprises were sentenced in federal court this month, concluding a case stemming from multiple illegal discharges of oil into Texas waterways. The companies, responsible for the operation and ownership of the oil tanker M/T Nicos I.V., admitted to negligent discharges and obstruction of justice, highlighting a pattern of environmental disregard and deceit.
The violations occurred in July 2017, while the M/T Nicos I.V. was docking at the Port of Houston and subsequently in Port Arthur, Texas. Court documents reveal the vessel’s segregated ballast system became contaminated with oil, and the contaminated water was illegally discharged during routine deballasting operations. The discharges, totaling an undisclosed quantity of oil, were not reported to authorities, nor were they documented in the ship’s oil record book – a direct violation of both U.S. law and international maritime regulations designed to prevent pollution.
Following the initial discharges in Houston, crew members observed oil bubbling up near the vessel while docked in Port Arthur, prompting a report to the U.S. Coast Guard. However, the investigation quickly uncovered a deliberate attempt to conceal the extent of the pollution. Captain Rafail-Thomas Tsoumakos and Chief Officer Alexios Thomopoulos, both of whom pleaded guilty to related charges, knowingly provided false statements to Coast Guard investigators. They falsely claimed they were unaware of the oil contamination until *after* the Port Arthur discharge and fabricated a story about how the oil entered the ballast tanks.
The Environmental Protection Agency (EPA) led the investigation, working closely with the U.S. Coast Guard. Federal prosecutors successfully demonstrated a clear intent to deceive authorities and circumvent environmental regulations. The case underscores the EPA’s commitment to holding companies and individuals accountable for polluting U.S. waters and obstructing federal investigations.
Legal Ramifications and Penalties
Avin International and Nicos I.V. Special Maritime Enterprises each pleaded guilty to one count of obstruction of an agency proceeding (18 U.S.C. 1505), one count of failure to report discharge of oil under the Clean Water Act (33 U.S.C. 1321(b)(5)), and three counts of negligent discharge of oil under the Clean Water Act (33 U.S.C. 1319(c)(1)(A)). As part of a plea agreement reached on May 3, 2019, the companies were ordered to pay a combined $4 million criminal fine and will serve a four-year term of probation. During this probationary period, all vessels operated by the companies will be subject to stringent environmental compliance plans and regular inspections by an independent auditor.
Captain Tsoumakos and Chief Officer Thomopoulos each pleaded guilty to one count of making a material false statement (18 U.S.C. 1001) and were sentenced on December 20, 2018, to pay $10,000 fines each. While the individual penalties appear comparatively light, legal experts suggest the corporate penalties and probationary terms are designed to ensure future compliance and prevent similar incidents.
Key Facts
- Defendant: Avin International LTD and Nicos I.V. Special Maritime Enterprises
- Location: Ports of Houston and Port Arthur, Texas
- Year: 2019 (violations occurred in 2017)
- Crime: Oil pollution, obstruction of justice, false statements
- Statutes Violated: Title 18 U.S. Criminal Code, Clean Water Act (specifically 18 U.S.C. 1505, 33 U.S.C. 1321(b)(5), 18 U.S.C. 1001, 33 U.S.C. 1319(c)(1)(A))
- Penalty: $4 million criminal fine (combined for companies), 4-year probation with environmental compliance plan, $10,000 fines each for Captain and Chief Officer.
GrimyTimes will continue to follow this case and report on any further developments. The incident serves as a stark reminder of the ongoing threat of maritime pollution and the importance of rigorous enforcement of environmental regulations.
Source: EPA ECHO Enforcement Case Database
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