OAKLAND – Unix Line PTE Ltd., a Singapore-based shipping company, was sentenced today in federal court before U.S. District Court Judge Jon S. Tigar in Oakland, California, after previously pleading guilty to a violation of the Act to Prevent Pollution from Ships. Unix Line PTE Ltd. was sentenced to pay a fine of $1,650,000.00, placed on probation for a period of four years, and ordered to implement a comprehensive Environmental Compliance Plan as a special condition of probation.

U.S. Attorney David L. Anderson of the Northern District of California, Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division and U.S. Coast Guard Investigative Service Special Agent in Charge Kelly S. Hoyle made the announcement.

In pleading guilty, Unix Line admitted that its crew members onboard the Zao Galaxy, a 16,408 gross-ton, ocean-going motor tanker, knowingly failed to record in the vessel’s oil record book the overboard discharge of oily bilge water without the use of required pollution-prevention equipment, during the vessel’s voyage from the Philippines to Richmond, California.

“The defendant’s crew members intentionally discharged oily bilge waste into the ocean on their voyage to California,” said U.S. Attorney Anderson. “Our district includes hundreds of miles of the beautiful Pacific coast, stretching from Monterey to Del Norte County. We will do our part to protect those natural resources and hold companies responsible when they fail to follow federal and international laws designed to protect our oceans from pollution.”

“The Coast Guard Investigative Service will continue to make criminal investigations that deter maritime organizations from breaking international and U. S. law designed to protect our finite natural marine resources a priority” said Kelly Hoyle, Special Agent in Charge Pacific Region of the Coast Guard Investigative Service.

On Oct. 24, 2019, Unix Line was indicted by a federal grand jury for obstruction of justice and a violation of the Act to Prevent Pollution from Ships. Under the plea agreement, Unix Line pled guilty to one count of a violation of the Act to Prevent Pollution from Ships.

According to the plea agreement, Unix Line is the operator of the Zao Galaxy, which set sail from the Philippines on Jan. 21, 2019, heading toward Richmond, Calif., carrying a cargo of palm oil. On Feb. 11, 2019, the Zao Galaxy arrived in Richmond, where it underwent a U.S. Coast Guard inspection and examination. Examiners discovered that during the voyage, a Unix Line-affiliated ship officer directed crew members to discharge oily bilge water overboard, using a configuration of drums, flexible pipes, and flanges to bypass the vessel’s oil water separator. The discharges were knowingly not recorded in the Zao Galaxy’s oil record book when it was presented to the U.S. Coast Guard during the vessel’s inspection.

Assistant United States Attorney Katherine Lloyd-Lovett and Special Assistant United States Attorney Andrew Briggs of the Northern District of California and Senior Trial Attorney Kenneth Nelson of the Environmental Crimes Section are prosecuting the case, with the assistance of Kay Konopaske and Katie Turner. The prosecution is the result of a year-long investigation by the Coast Guard Investigative Service and the Investigations Division of Coast Guard Sector San Francisco.

OAKLAND – Unix Line PTE, Ltd., a Singapore-based shipping company, pleaded guilty in federal court today to a violation of the Act to Prevent Pollution from Ships.  The plea was received by the Honorable Jon S. Tigar, U.S. District Judge.

United States Attorney David L. Anderson, Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division, and U.S. Coast Guard Investigative Service Special Agent in Charge Kelly S. Hoyle made the announcement. 

In pleading guilty, Unix Line admitted that its crew members onboard the Zao Galaxy, a 16,408 gross-ton, ocean-going motor tanker, knowingly failed to record in the vessel’s oil record book the overboard discharge of oily bilge water without the use of required pollution-prevention equipment, during the vessel’s voyage from the Philippines to Richmond, Calif.

According to the plea agreement, Unix Line is the operator of the Zao Galaxy, which set sail from the Philippines on January 21, 2019, heading toward Richmond, carrying a cargo of palm oil.  On February 11, 2019, the Zao Galaxy arrived in Richmond, where it underwent a U.S. Coast Guard inspection and examination.  Examiners discovered that during the voyage, a Unix Line-affiliated ship officer directed crew members to discharge oily bilge water overboard, using a configuration of drums, flexible pipes, and flanges to bypass the vessel’s oil water separator.  The discharges were knowingly not recorded in the Zao Galaxy’s oil record book. 

On October 24, 2019, a federal grand jury indicted Unix Line.  On February 19, 2020, Unix Line was charged by superseding information with one count of violating the Act to Prevent Pollution from Ships, 33 U.S.C. § 1908(a).  Under the plea agreement, Unix Line pled guilty to violating the Act to Prevent Pollution from Ships. 

Judge Tigar scheduled Unix Line’s sentencing hearing for March 20, 2020, at 9:30 a.m. in Oakland.  The maximum statutory penalty for a violation of the Act to Prevent Pollution from Ships is six years’ imprisonment and a fine of twice the gross gain or loss derived from the offense.  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The prosecution is being handled by Assistant United States Attorney Katherine Lloyd-Lovett and Special Assistant United States Attorney Andrew Briggs of the Northern District of California and Senior Trial Attorney Kenneth Nelson of the Environmental Crimes Section, with the assistance of Kay Konopaske and Katie Turner.  The prosecution is the result of a year-long investigation by the Coast Guard Investigative Service and the Investigations Division of Coast Guard Sector San Francisco. 

OAKLAND - A federal grand jury in Oakland indicted FGL Moon Marshall Limited (“FGL Moon”), Unix Line Pte Ltd. (“Unix”), and Gilbert Dela Cruz today, charging the defendants with failing to maintain an Oil Record Book for bilge water discharges into the sea and with obstruction of justice, announced United States Attorney David L. Anderson and U.S. Coast Guard Investigative Service Special Agent in Charge Kelly S. Hoyle. 

The indictment alleges that the Zao Galaxy, a 16,408 gross-ton, ocean-going motor tanker, was owned by FGL Moon Marshall Limited, a Marshall Islands company, and operated by Unix Line Pte Ltd., a Singapore company.  An affidavit filed by an agent of the Coast Guard Investigative Service in connection with an earlier-filed criminal complaint further alleges that, on January 21, 2019, the Zao Galaxy set sail from the Philippines and, on February 10, 2019, the ship arrived at a port in Richmond, Calif., bearing a cargo of palm oil.  According to the indictment, Dela Cruz, 37, a citizen of the Philippines, was the First Assistant Engineer on the Zao Galaxy’s vessel crew and acted as an employee and agent of both FGL Moon and Unix.  Dela Cruz was responsible for making entries into the ship’s Oil Record Book and for the operation of the ship’s equipment used for treatment and discharge of oil-contaminated water.

The complaint affidavit further alleges that, when the ship reached Richmond, examiners from the Coast Guard boarded the ship to conduct an inspection and previously-scheduled examination.  As a result of that examination, investigators discovered videos showing that approximately four illegal overboard discharges of oily waste had occurred from the Zao Galaxy’s engine room between the last week of January 2019 and February 11, 2019.  According to the affidavit, the ship’s location data suggested that one of the illegal dumping events occurred when the Zao Galaxy was approximately three nautical miles west of the Golden Gate Bridge.

The complaint affidavit additionally alleges that Dela Cruz had ordered another crew member to perform the illegal overboard discharge at night to facilitate the emptying, cleaning, and repainting of the Zao Galaxy’s Primary Bilge Tank prior to the Coast Guard’s examination.  Dela Cruz is also alleged to have ordered another crew member to use a flange/hose system to facilitate the dumping of the oily waste while avoiding the ship’s normal oily waste management system.  The Zao Galaxy’s Oil Record Book contained no entries documenting these illegal discharges of oily waste.  The indictment also alleges that Dela Cruz attempted to persuade a lower-level crewmember to withhold relevant information regarding the dumping from the Coast Guard.

Complaints and indictments merely allege that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, the defendants face the following maximum penalties:

33 U.S.C. § 1908(a)

6 years imprisonment for Dela Cruz

$250,000 for Dela Cruz; $500,000 for FGL and Unix

3 years of supervised release

Potential forfeiture

$100 special assessment

 

18 U.S.C. § 1519

20 years imprisonment for Dela Cruz

$250,000 for Dela Cruz; $500,000 for FGL and Unix

3 years of supervised release

Potential forfeiture

$100 special assessment

 

18 U.S.C. § 1505

5 years imprisonment for Dela Cruz

$250,000 for Dela Cruz; $500,000 for FGL and Unix

3 years of supervised release

Potential forfeiture

$100 special assessment

 

However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.  

The defendants are scheduled to appear on October 29, 2019, at 10:30 a.m., for an initial federal court appearance and arraignment before U.S. Magistrate Judge Donna Ryu.

The prosecution is being handled by Assistant United States Attorney Katherine Lloyd-Lovett and Special Assistant United States Attorney Andrew Briggs, with the assistance of Jessica Rodriguez.  The prosecution is the result of an investigation by the Coast Guard Investigative Service and the Investigations Division of Coast Guard Sector San Francisco.