The formal announcement says: “Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Rear Admiral William D. Baumgartner, Commander, 7th Coast Guard District, and John Sall, Special Agent in Charge, U.S. Coast Guard Investigative Service, announced the filing of a criminal Information charging defendant Americas Marine Management Services, Inc., d/b/a Antillean Marine, a Miami corporation, with one count of oil pollution, in violation of Title 33, United States Code, Section 1908(a); one count of failure to maintain an accurate Oil Record Book, in violation of Title 33, United States Code, Section 1908(a); and one count of failing to submit reports to the National Ballast Information Clearinghouse, in violation of Title 16, United States Code, Section 4711(g)(2). If convicted, the defendant corporation faces a fine of up to $500,000 per count and up to five years of probation.
According to the allegations in the Information, Americas Marine Management Services operated the TITAN EXPRESS from a terminal on the Miami River. On or about July 9, 2010, the crew of the TITAN EXPRESS discharged oily waste into U.S. water knowing that its pollution prevention equipment was not working. The crew of the TITAN EXPRESS further kept fictitious records about the management of the ship’s oily waste.
The Information also alleges that Americas Marine Management Services failed to submit a report to the National Ballast Information Clearinghouse in advance of the TITAN EXPRESS’ arrival at the Port of Miami. The National Ballast Information Clearinghouse is a joint program of the Smithsonian Environmental Research Center and the United States Coast Guard. Its mandate is to understand and prevent the introduction of non-indigenous species to the fresh, brackish, and saltwater environments of the United States.
Mr. Ferrer commended the investigative efforts of the U.S. Coast Guard and the U.S. Coast Guard Investigative Services. This case is being handled by Assistant U.S. Attorney Jaime Raich.
An Information is merely an accusation and a defendant is presumed innocent unless and until proven guilty.