Assistant U. S. Attorney Melanie Pierson (619) 546-7976
NEWS RELEASE SUMMARY – August 9, 2022
SAN DIEGO – New Trade Ship Management S.A. (New Trade), a vessel operating company, and vessel Chief Engineer Dennis Plasabas, pleaded guilty in federal court today to maintaining false and incomplete records relating to the discharge of oily bilge water from the bulk carrier vessel Longshore.
New Trade and Plasabas admitted that oily bilge water was illegally dumped from the Longshore directly into the ocean without being properly processed through required pollution prevention equipment. Oily bilge water typically contains oil contamination from the operation and cleaning of machinery on the vessel. The defendants also admitted that these illegal discharges were not recorded in the vessel’s Oil Record Book as required by law.
Specifically, on two separate occasions between October and December 2021, Chief Engineer Plasabas, who was employed by New Trade, ordered lower-ranking crew members to use a portable pneumatic pump and hose to bypass pollution prevention equipment by transferring oily bilge water from the vessel’s Bilge Holding Tank to the vessel’s Sewage Tank, from where it was discharged directly into the ocean.
Plasabas then caused the ship’s Master to fail to record these improper transfers and overboard discharges in the vessel’s Oil Record Book. Additionally, to create a false and misleading electronic record as if the pollution prevention equipment had been properly used, Plasabas directed lower-ranking crew members to pump clean sea water into the vessel’s Bilge Holding Tank in the same quantity as the amount of oily bilge water that he had ordered transferred to the Sewage Tank. Plasabas then processed the clean sea water through the vessel’s pollution prevention equipment as if it was oily bilge water to make it appear that the pollution prevention equipment was being properly used when in fact it was not. The electronic records indicate that approximately 9,600 gallons of clean sea water were run through the pollution prevention equipment.
“We are committed to protecting our environment from people who cause immeasurable harm with short cuts,” said U.S. Attorney Randy Grossman. “This was a very calculated plan to violate the rules, and today the offenders are being held to account.” Grossman thanked the prosecution team and the U.S. Coast Guard for their excellent work on this case.
“This case demonstrates our commitment to investigating and prosecuting environmental crimes occurring at sea, no matter how wrongdoers may try to cover them up,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to work with our partner agencies to ensure polluters are held fully accountable.”
“This prosecution highlights the U.S Attorney’s Office and the U.S. Coast Guard’s dedication in safeguarding our oceans against those that seek to deliberately harm our natural resources. Illegal dumping of oil and falsification of oil record books are egregious violations,” said Captain James W. Spitler, Sector Commander, Coast Guard Sector San Diego. “Today’s guilty plea should serve as a reminder that the Coast Guard and our partners at the Department of Justice will work tirelessly to hold accountable those that seek to deliberately discharge oil and falsify ship records.”
New Trade and Plasabas each pleaded guilty to a felony violation of the Act to Prevent Pollution from Ships, for failing to accurately maintain the Longshore’s Oil Record Book. Under the terms of the plea agreement and subject to court approval, New Trade will pay a total fine of $1,100,000 and serve a four-year term of probation, during which any vessels operated by the company and calling on United States’ ports will be required to implement a robust Environmental Compliance Plan. Sentencing for the defendants is currently set for November 18, 2022, at 9:00 am.
This case was investigated by the U.S. Coast Guard Sector San Diego and the U.S. Coast Guard Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Melanie K. Pierson for the Southern District of California and Senior Trial Attorney Stephen Da Ponte of ENRD’s Environmental Crimes Section.
DEFENDANTS Case Number 22cr1802-JO
New Trade Ship Management S.A.
Chief Engineer Dennis Plasabas Age: 48 Philippines
SUMMARY OF CHARGES
Act to Prevent Pollution from Ships – Title 33, U.S.C., Section 1908(a)
Maximum penalty: not more than Six years in prison and $250,000 fine (individual); not more than Five years of probation and a fine which is the greater of $500,000 or twice the amount of gross gain or loss (organization).
AGENCY
U.S. Coast Guard