Juan Enrique Martinez-Fluentes, Illegal Dumping of a Vessel, Puerto Rico 2007

San Juan, Puerto Rico – Juan Enrique Martinez-Fluentes was sentenced in 2007 following a federal investigation into the illegal dumping of a vessel off the coast of Salinas, Puerto Rico. The case, brought by the Environmental Protection Agency (EPA) and investigated with the assistance of the U.S. Department of Homeland Security and the Puerto Rico Police Department, revealed a deliberate attempt to circumvent environmental regulations designed to protect marine ecosystems.

According to court documents, Martinez-Fluentes, along with a co-defendant, was contracted to responsibly dispose of the Viking Diver. Instead of adhering to proper decommissioning and disposal procedures, the defendants intentionally scuttled the vessel approximately five miles offshore on January 6, 2003. This act constituted a clear violation of both U.S. environmental law and international maritime standards.

The investigation began in November 2005, culminating in an indictment on November 9th, charging both defendants with violations of the Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1411(a)(1)) – which prohibits the unauthorized dumping of materials into ocean waters – and the Clean Water Act (33 U.S.C. 1415(b)(1)). The indictment alleged that the defendants knowingly transported the Viking Diver with the explicit intent of illegally disposing of it at sea.

On November 29, 2006, Martinez-Fluentes entered a guilty plea to both counts. The sentencing, handed down on December 5, 2006, saw Martinez-Fluentes receive a 36-month probation period, coupled with a six-month term of incarceration. He was also ordered to pay a $100 special assessment fee. His co-defendant, Zambrana, received a lighter sentence on March 22, 2007: 12 months probation, a $100 special assessment, a $2,000 fine, and substantial restitution totaling $50,000 – $48,998 to the U.S. Department of Homeland Security and $552 to the Puerto Rico Police Department – to cover costs associated with the cleanup and investigation.

Table of Contents

Key Facts

Defendant: Juan Enrique Martinez-Fluentes
Crime: Illegal Dumping of a Vessel
Location: 5 miles off the coast of Salinas, Puerto Rico
Date of Offense: January 6, 2003
Statutes Violated: 33 U.S.C. 1411(a)(1) (Marine Protection, Research, and Sanctuaries Act) & 33 U.S.C. 1415(b)(1) (Clean Water Act)
Penalties: Martinez-Fluentes received 36 months probation, 6 months incarceration, and a $100 fee. Zambrana received 12 months probation, $2,000 fine, $100 fee, and $50,000 in restitution.

The EPA’s enforcement of these environmental regulations underscores the agency’s commitment to protecting U.S. waterways from illegal dumping and ensuring responsible maritime practices. The case serves as a warning to others who might attempt to bypass established protocols for vessel disposal, highlighting the significant legal and financial consequences of such actions. The sinking of the Viking Diver not only damaged the marine environment but also placed an undue burden on local law enforcement and federal agencies responsible for maintaining the health of Puerto Rico’s coastal waters.

GrimyTimes will continue to follow environmental crime cases and report on efforts to hold polluters accountable.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases