CLOSED

U.S. District Court
District of South Carolina (Charleston)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00617-DCN-1


Case title: USA v. Oilmar Company Limited Inc

Date Filed: 06/10/2005
Date Terminated: 07/20/2005

Assigned to: Chief Judge David C Norton

Defendant (1)
Oilmar Company Limited Inc
TERMINATED: 07/20/2005
represented byMatthew R Hubbell
7 State Street
Charleston, SC 29401
843-720-3184
Fax: 843-722-6254
Email: matt@matthubbell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ENFORCEMENT - CRIMINAL PENALTIES - Act to Prevent Pollution from Ships in violation of 33:1908(a) and 33 C.F.R., Sections 151.25(a) and 151.25(h)
(1)
The defendant is hereby sentenced to probation for a term of THREE (3) YEARS. the defendant shall pay a special assessment fee of $400.00 and a fine in the amount of $300,000.00, both due immediately. The interest is waived on the fine. While on probation the defendant shall comply with standard and mandatory conditions of probation and shall comply with the following special conditions: 1. Defendant shall commit no further violations of laws, regulations or environmental permits of the United States, including those for which primary enforcement has been delegated to a state. 2. Defendant, if and only if it acts as the owner, operator, manager or manning agent of any vessel, shall develop, implement, and maintain a permanent Environmental Management System that shall comply with the special conditions outlined below: a. The EMS will establish that: all environmental and related operational risks have been identified: such risks are being appropriately managed and potential risks are avoided; all international, federal, state and local laws regulations, and environmental permit requirements are being adhered to; appropriate policies, programs and procedures are in place; organizational responsibilities are clearly defined, understood and implemented; environmental quality control assurance and verification systems are in place, as determined by appropriate self-policing and third-party audits; company operations, including contractor operations and on-site service provider operations, do not present actual risks to the environment. Defendant shall ensure that the environmental compliance program is diligently enforced by the officers and managers of defendant. b. Defendant shall be responsible for all costs associated with the development,implementation, maintenance and monitoring of the EMS. c. If an EMS is required during the period of probation, a Court-appointed monitor shall monitor and ensure Defendant?s compliance with the Plea Agreement and probation conditions and the development, implementation and maintenance of the EMS in accord with the Standards and Requirements filed with the court. The Court-appointed monitor will be approved by the Court, United States Attorney?s Office, Probation Office, and theUnited States Coast Guard. Three names agreeable to Defendant will be provided to the United States for consideration. Defendant and the United States will provide one proposed candidate for the Court?s approval. Defendant will assume all costs and expenses associated with the employment and expenses of the monitor. Defendant agrees to provide the monitor, immediately upon request, with unrestricted access to all ships, facilities, employees, documents and computers, relevant to monitoring of the EMS and to facilitate access to contractors and contractor employees. All reports and draft reports issued by the monitor will be delivered to the Court, Probation Office, United States Attorney?s Office and the United States Coast Guard prior to or simultaneously with delivery to Defendant. d. Defendant will pay an amount adequate to fund the EMS, and agreed to by the United States, into an escrow account acceptable to the United States to be used solely for the purpose of developing, adopting, implementing and paying for their EMS. The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byKevin F McDonald
US Attorneys Office
1441 Main Street
Suite 500
Columbia, SC 29201
803-929-3000
Fax: 803-254-2943
Email: kevin.f.mcdonald@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/10/20051 FELONY INFORMATION as to Oilmar Company Limited Inc (1) count(s) 1. (dpat, ) (Entered: 06/10/2005)
06/24/2005NOTICE OF HEARING as to Oilmar Company Limited Inc Change of Plea Hearing set for Friday, 7/8/2005 10:00 AM in Charleston Courtroom #2, U.S. Court House, 81 Meeting St, Charleston before Honorable David C Norton. Sentencing set for Friday, 7/8/2005 10:00 AM in Charleston Courtroom #2, U.S. Court House, 81 Meeting St, Charleston before Honorable David C Norton. (gjoh, ) (Entered: 06/24/2005)
06/24/20055PLEA AGREEMENT as to Oilmar Company Limited Inc (McDonald, Kevin) (Entered: 06/24/2005)
07/08/2005Minute Entry for proceedings held before Judge David C Norton :Arraignment as to Oilmar Company Limited Inc (1) Count 1 held on 7/8/2005 Court Reporter Debbie Potocki. (gjoh, ) (Entered: 07/11/2005)
07/08/20057WAIVER OF INDICTMENT by Oilmar Company Limited Inc (gjoh, ) (Entered: 07/11/2005)
07/08/2005Minute Entry for proceedings held before Judge David C Norton :Change of Plea Hearing as to Oilmar Company Limited Inc held on 7/8/2005 Plea Agreement accepted Oilmar Company Limited Inc (1) Guilty Count 1; Oilmar Company Limited Inc (1) Count 1., Sentencing held on 7/8/2005 as to Oilmar Company Limited Inc Court Reporter Debbie Potocki. (gjoh, ) (Entered: 07/11/2005)
07/08/20059GUILTY PLEA ENTERED as to Oilmar Company Limited Inc (gjoh, ) (Entered: 07/11/2005)
07/20/200510JUDGMENT Sentence Date: 7/8/05 as to Oilmar Company Limited Inc (1), Count(s) 1, The defendant is hereby sentenced to probation for a term of THREE (3) YEARS. the defendant shall pay a special assessment fee of $400.00 and a fine in the amount of $300,000.00, both due immediately. The interest is waived on the fine. While on probation the defendant shall comply with standard and mandatory conditions of probation and shall comply with the following special conditions: 1. Defendant shall commit no further violations of laws, regulations or environmental permits of the United States, including those for which primary enforcement has been delegated to a state. 2. Defendant, if and only if it acts as the owner, operator, manager or manning agent of any vessel, shall develop, implement, and maintain a permanent Environmental Management System that shall comply with the special conditions outlined: a. The EMS will establish that: all environmental and related operational risks have been identified: such risks are being appropriately managed and potential risks are avoided; all international, federal, state and local laws regulations, and environmental permit requirements are being adhered to; appropriate policies, programs and procedures are in place; organizational responsibilities are clearly defined, understood and implemented; environmental quality control assurance and verification systems are in place, as determined by appropriate self-policing and third-party audits; company operations, including contractor operations and on-site service provider operations, do not present actual risks to the environment. Defendant shall ensure that the environmental compliance program is diligently enforced by the officers and managers of defendant. b. Defendant shall be responsible for all costs associated with the implementation, maintenance and monitoring of the EMS. c. If an EMS is required during the period of probation, a Court-appointed monitor shall monitor and ensure Defendants compliance with the Plea Agreement and probation conditions and the development, implementation and maintenance of the EMS in accord with the Standards and Requirements filed with the court. The Court-appointed monitor will be approved by the Court, United States Attorneys Office, Probation Office, and theUnited States Coast Guard. Three names agreeable to Defendant will be provided to the United States for consideration. Defendant and the United States will provide one proposed candidate for the Courts approval. Defendant will assume all costs and expenses associated with the employment and expenses of the monitor. Defendant agrees to provide the monitor, immediately upon request, with unrestricted access to all ships, facilities, employees, documents and computers, relevant to monitoring of the EMS and to facilitate access to contractors and contractor employees. All reports and draft reports issued by the monitor will be delivered to the Court, Probation Office, United States Attorneys Office and the United States Coast Guard prior to or simultaneously with delivery to Defendant. d. Defendant will pay an amount adequate to fund the EMS, and agreed to by the United States, into an escrow account acceptable to the United States to be used solely for the purpose of developing, adopting, implementing and paying for their EMS. The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. . Signed by Judge David C Norton on 7/20/05. (gjoh, ) (Entered: 07/20/2005)