W-Pearl

A shipping company headquartered in Italy and the chief engineer of one of its ships were sentenced today in federal court in Mobile, Ala ., for deliberately falsifying records to conceal discharges of oily wastewater from the ship directly into the sea. Giusseppe Bottiglieri Shipping Company S.P.A, was sentenced by United States District Court Judge Ginny Granade in the Southern District of Alabama to pay a $1 million criminal fine, serve four years of probation, and make a $300,000 community service payment to the National Fish and Wildlife Foundation. The company must also fund and implement a comprehensive environmental compliance plan during the term of probation. Chief Engineer Vito La Forgia was sentenced by Judge Granade to one month in jail. Giuseppe Bottiglieri Shipping Company S.P.A ., the owner and operator of the M/V Bottiglieri Challenger, pleaded guilty on July 11, 2012, to a violation of the Act to Prevent Pollution from Ships for failing to properly maintain an oil record book as required by federal and international law. Vito La Forgia, the ship’s chief engineer, pleaded guilty on July 12, 2012, to violating the Act to Prevent Pollution from Ships. http://7thspace.com/headlines/419085/usdoj_italian_ship_owner_and_chief_engineer_sentenced_in_alabama_for_crimes_related_to_illegal_discharges_from_cargo_ship.html

The Italian Giuseppe Bottiglieri Shipping Company S.P.A. pleaded guilty on July 11, 2012, to a pollution-related charge and agreed to pay a $1.3 million fine. The plea agreement came at the end of a day that was supposed to be the start of a criminal trial in federal court. Instead, that trial would begin on July 12 against the "Bottiglieri Challenger"’s chief engineer, unless his attorneys also work out a plea bargain with prosecutors. Giuseppe Bottiglieri pleaded guilty on behalf of his company to failure to maintain an accurate Oil Record Book. Under the deal with prosecutors, the company will pay $1 million fine to the U.S. treasury and make a $300,000 “community service” payment to the National Fish and Wildlife Foundation. Bottiglieri acknowledged his company’s responsibility for his cargo ship pollution during a journey from Singapore to Brazil to the Port of Mobile. During that voyage, according to court records, senior engineers bypassed the vessel’s pollution control system six times to discharge oily waste directly into the sea. When the ship arrived in Mobile on Jan. 24, according to the plea agreement, crew members presented the Coast Guard with a false Oil Record Book that failed to note the discharges. The chief engineer, stands accused of ordering the discharges. Authorities contend that he rigged a so-called “magic pipe” to connect the purifier sludge tank with the bilge tank, bypassing a device called the oil water separator.

The Giuseppe Bottiglieri Shipping Company S.P.A., owner and operator of the "Bottiglieri Challenge", and the vessel’s chief engineer, have been charged in a four-count indictment with the illegal dumping of waste oil and oil-contaminated waste water in violation of the Act to Prevent Pollution from Ships (APPS), conspiracy and two counts of obstruction of justice, the Department of Justice announced on Mar 7, 2012. According to the indictment, on or about Jan. 25, 2012, the "Bottiglieri Challenge" arrived in Mobile, Alabama, and was boarded by Coast Guard officials who conducted an inspection to determine the vessel’s compliance with U.S. and international law. The Coast Guard’s inspection uncovered evidence that the Giuseppe Bottiglieri Shipping Company, acting through its agents and employees and the chief engineer conspired to and failed to maintain an accurate oil record book that reflected all disposals of oil residue and discharges overboard, in violation of federal law. They were also charged in the indictment with obstructing the Coast Guard’s inspection by ordering that an illegal bypass pipe, also referred to as a “magic pipe,” that was used to transfer oil-contaminated waste overboard, be removed prior the vessel’s arrival in Mobile. The indictment further alleges that the shipping company and La Forgia obstructed the inspection by having one of the waste tanks rinsed out with sea water before reaching the port in Mobile. If convicted, Giuseppe Bottiglieri Shipping Company faces a fine and other possible penalties. The engineer faces a maximum penalty of 20 years in prison for the obstruction of justice charge. An indictment contains only allegations. The defendants are presumed innocent unless and until proven guilty. The case was investigated by the U.S. Coast Guard Investigative Services and the Environmental Protection Agency, Criminal Investigations Division. It is being prosecuted by the U.S. Attorney's Office for the Southern District of Alabama and by the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice.