SAN FRANCISCO, CA – A former chief engineer and the shipping company he worked for were sentenced in November 2011 after admitting to a long-running scheme to illegally discharge oily waste into the ocean and then cover up the violations, federal authorities announced. Vassili Samoilenko, 54, and Dianik Bross Shipping Corp., S.A., were convicted of violating international and U.S. maritime law aboard the M/V Kostas N, a large bulk carrier.
The case originated in August 2011 when a concerned crew member bravely bypassed the chain of command, delivering a handwritten note to a U.S. Coast Guard inspector during a routine vessel inspection. The note detailed allegations that Samoilenko, as chief engineer, had been deliberately circumventing the ship’s pollution prevention equipment to dump oily waste and sludge directly into the sea. This whistleblower’s actions ultimately triggered a joint investigation by the Environmental Protection Agency (EPA) and the Coast Guard Investigative Services.
Investigators discovered that Samoilenko and other chief engineers aboard the M/V Kostas N routinely bypassed the ship’s oil filtering and separation systems. Instead of properly processing and recording the disposal of oily waste – a byproduct of engine operations that requires meticulous documentation in the vessel’s Oil Record Book – they rigged the system to allow the illegal discharge of harmful pollutants. Specifically, in July 2012, Samoilenko directly pumped sludge from the sludge tank into the boiler blowdown pipe, sending it straight into the ocean. False entries were then made in the Oil Record Book to create the illusion of compliance with environmental regulations.
Legal Ramifications
Samoilenko pled guilty to two counts of obstruction of justice, specifically violating 18 U.S.C. 1519 for falsifying records presented to the Coast Guard. He received a sentence of time served for approximately three months of incarceration, coupled with 36 months of probation. Dianik Bross Shipping Corp. pled guilty to one count of violating the Act to Prevent Pollution From Ships (33 U.S.C. 1908(a)), for knowingly failing to maintain an accurate Oil Record Book. The company was sentenced to 24 months probation, a $500,000 federal fine, and a $150,000 community service payment earmarked for environmental projects in the San Francisco Bay Area. The company was also mandated to implement a comprehensive environmental compliance plan across its entire fleet.
Whistleblower Reward
In a rare outcome, the courageous crew member who reported the illegal activity was awarded $250,000 under the Act to Prevent Pollution from Ships, which incentivizes reporting of maritime pollution violations. U.S. Attorney Melinda Haag emphasized that the case served as a “strong message” regarding the federal government’s commitment to protecting natural resources. Nick Torres, Special Agent in Charge of the EPA’s criminal enforcement program in California, added that the oceans “must be protected from shipping companies that look to cut corners by dumping waste illegally.”
Ongoing Enforcement
The Coast Guard echoed this sentiment, highlighting the seriousness of deliberately violating pollution regulations and attempting to deceive government regulators. Captain Cyndi Stowe, commander of Sector San Francisco, stated that the Coast Guard has “no tolerance for such illegal acts” and that the case sends a clear warning to the shipping industry worldwide. This case underscores the critical role of whistleblowers and the ongoing efforts of federal agencies to combat maritime pollution and hold violators accountable.
Key Facts
- Defendant: Vassili Samoilenko & Dianik Bross Shipping Corp., S.A.
- Location: Aboard the M/V Kostas N, operating in international waters.
- Year: 2012 (investigation launched in 2011)
- Violated Laws: 18 U.S.C. 1519 (obstruction of justice), 33 U.S.C. 1908(a) (MARPOL violation)
- Penalties: Samoilenko – Time served (3 months) & 36 months probation. Dianik Bross – 24 months probation, $500,000 fine, $150,000 community service.
- Whistleblower Reward: $250,000 awarded to the crew member who reported the violations.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Princess Cruise Lines Ltd, Ocean Pollution, USA 2023 · Florida
- Thao Thi Kim Nguyen, Mortgage Fraud, Orange County CA, 2018 · Connecticut
- Dr. John Doe Sentenced to 2+ Years for Bribery, O.C. CA, 2024 · Ohio
- Jane Doe, Medicare Bilked, Redondo Beach CA, 2023 · California
- John Doe, Defrauded Investors of $8M, Newport Beach CA, 2023 · California
