Mobile, AL – A chief engineer and the parent company of a cargo vessel have been sentenced for deliberately concealing illegal discharges of oily waste into the ocean, a violation of both U.S. and international maritime law. Vito La Forgia, chief engineer of the M/V Bottiglieri Challenger, and Bottiglieri Shipping Company S.P.A. were sentenced in federal court in Mobile, Alabama, following an investigation by the U.S. Coast Guard and the Environmental Protection Agency (EPA).
The case unfolded after the M/V Bottiglieri Challenger arrived at the Port of Mobile on January 25, 2012, following a voyage from Singapore to Brazil and then onward to Alabama. A routine Coast Guard inspection, prompted by information from engine room crewmembers, revealed a pattern of unreported discharges of oily bilge waste. Investigators discovered a concealed “magic pipe” – a bypass mechanism designed to divert waste from the ship’s required pollution prevention equipment. This allowed the crew to pump untreated oily waste directly overboard, bypassing systems meant to ensure oil content remained below 15 parts per million.
Evidence indicated that between December 19, 2011, and January 25, 2012, La Forgia and other senior company employees knowingly authorized and oversaw these illegal discharges during the transatlantic voyage. The discharges were not accurately documented in the ship’s oil record book, a critical log maintained for Coast Guard inspections and a key component of international maritime regulations. The falsification of these records constituted a deliberate attempt to conceal the environmental violations.
Penalties and Legal Ramifications
Vito La Forgia pled guilty to violating the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)). He was sentenced to one month of incarceration, followed by 12 months of probation, and ordered to pay a $100 special assessment. Bottiglieri Shipping Company S.P.A. also pled guilty to a violation of the same Act and was sentenced to a $1 million criminal fine, four years of probation, and a $300,000 community service payment to the National Fish and Wildlife Foundation. The company is also required to implement a comprehensive environmental compliance plan during its probationary period.
U.S. Attorney’s Statement
Kenyen Brown, U.S. Attorney for the Southern District of Alabama, emphasized the severity of the offenses. “This case represents a tremendous win for our environment,” Brown stated. “The U.S. relies on vessel crews and their management companies to provide accurate logs… Our aim is twofold, to preserve our natural resources for future generations, and second, to clean up a corrupt corporate culture that would place greed above all else.”
Key Facts
- Defendant: Vito La Forgia and Bottiglieri Shipping Company S.P.A.
- Location: Port of Mobile, Alabama; Atlantic Ocean
- Dates of Violation: December 19, 2011 – January 25, 2012
- Laws Violated: Act to Prevent Pollution from Ships (MARPOL Protocol) – 33 U.S.C. 1908(a)
- Method of Violation: Use of a “magic pipe” to bypass pollution control equipment and illegal discharge of oily waste. Falsification of the ship’s oil record book.
- Penalties: La Forgia – 1 month imprisonment, 12 months probation, $100 assessment. Bottiglieri Shipping – $1 million fine, 4 years probation, $300,000 restitution, environmental compliance plan.
Rear Admiral Roy A. Nash, Eighth Coast Guard District Commander, underscored the government’s commitment to enforcing environmental regulations at sea. “The government will continue to work tirelessly to ensure companies and employees who do not comply with environmental regulations are held accountable,” he said. The EPA’s Special Agent-in-Charge, Maureen O’Mara, added, “The laws are there to protect the oceans… and this sentencing sends a clear message that those who violate the law will be vigorously prosecuted.”
Source: EPA ECHO Enforcement Case Database
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