United States v. Empire Bulkers Ltd., et al.

On January 8, 2024, Empire Bulkers, Ltd., was arraigned on probation violation charges. The court sentenced the company in January 2023 to pay $1 million fine and complete four years of probation, subject to the terms of a government approved environmental compliance plan (ECP) to include independent ship audits and supervision by a court-appointed monitor (CAM). The probation allegations, include the following:

1. Empire Bulkers failed to promptly notify the CAM of all reports of non-compliance received from employees. Empire Bulkers waited approximately 14 days before providing the CAM with a report that the Chief Engineer of the M/V Panagiotis discharged bilge water overboard in violation of MARPOL and the ECP.

2. Between October 5, 2023, and October 19, 2023, Empire Bulkers conducted an undisclosed and unilateral investigation into allegations that the Chief Engineer of M/V Panagiotis committed a deliberate violation of MARPOL and the ECP.

3. Empire Bulkers refused to allow the Third-Party Auditor to attend and audit shoreside training required under the ECP.

Empire operated the M/V Joanna, a Marshall Islands registered Bulk Carrier, owned by Joanna Maritime. Between October 25, 2020, and March 11, 2021, the companies tampered with required oil pollution prevention equipment and falsified the ship’s Oil Record Book. The Coast Guard found that the crew bypassed the ship’s Oily Water Separator by inserting a piece of metal into the Oil Content Meter so that it only detected clean water instead of what was the actual overboard discharges. The defendants falsified the log and sought to obstruct the Coast Guard’s inspection.

 The defendants also violated the PWSA by failing to immediately report a hazardous situation that affected the safety of the ship and threatened U.S. ports and waters. During the inspection on March 11, 2021, the Coast Guard discovered an active fuel oil leak in the ship’s purifier room that resulted from disabling the fuel oil heater pressure relief valves, an essential safety feature designed to prevent catastrophic fires and explosions. The companies pleaded guilty to violating APPS and the Ports and Water Ways Safety Act (PWSA) (33 U.S.C. § 1908; 46 U.S.C. § 70036).

The U.S. Coast Guard Criminal Investigations Division conducted the investigation.