United States District Court, E.D. Virginia, Norfolk Division
[Copyrighted Material Omitted]
For Diana Shipping Services S.A., Defendant: Trey Robert Kelleter, LEAD ATTORNEY, Vandeventer Black LLP, Norfolk, VA; Brian Thomas McCarthy, Michael George Chalos, PRO HAC VICE, Chalos O'Connor LLP, Port Washington, NY.
For Ioannis Prokakis, Defendant: Carl Raymond Woodward, III, LEAD ATTORNEY, PRO HAC VICE, Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P. C., Roseland, NJ; Lawrence Hunter Woodward, Jr., LEAD ATTORNEY, Shuttleworth Ruloff Swain Haddad & Morecock PC, Virginia Beach, VA.
For Virginia Beach, VA, Defendant: Michael Keith Twersky, LEAD ATTORNEY, PRO HAC VICE, Fox Rothschild LLP, Philadelphia, PA; Patrick Hugh O'Donnell, LEAD ATTORNEY, Kaufman & Canoles PC, Norfolk, VA.
For USA, Plaintiff: Joseph L Kosky, LEAD ATTORNEY, United States Attorney's Office - Norfolk, Norfolk, VA.
OPINION AND ORDER
Mark S. Davis, UNITED STATES DISTRICT JUDGE.
This matter is before the Court on Defendants' consolidated post-trial motion for judgment of acquittal on Counts 5, 6, 8 and 9. ECF No. 113. The primary focus of Defendants' motion is the assertion that the above referenced counts are multiplicitous. For the reasons set forth below, Defendants' motion is DENIED.
I. Factual and Procedural Background
During calendar year 2012, defendant Diana Shipping Services, S.A. (" Diana Shipping" ), operated the Motor Vessel Thetis (" M/V Thetis" ), a 40,000 gross ton foreign-flagged vessel engaged in international commercial maritime operations. During relevant portions of 2012, defendant Ioannis Prokakis and defendant Antonios Boumpoutelos served, respectively, as the Chief Engineer and the Second Engineer on board the M/V Thetis (the three defendants are collectively referred to herein as " Defendants" ). The charges in the superseding indictment stem from Defendants' alleged involvement in failing to accurately document their overboard discharges of machinery space bilge water from the M/V Thetis. Pursuant to international law, such discharges, which occurred in waters outside the United States, should have been filtered through a pollution control device known as an " Oily Water Separator." See Benedict S. Gullo, The Illegal Discharge of Oil on the High Seas: The U.S. Coast Guard's Ongoing Battle Against Vessel Polluters and a New Approach Toward Establishing Environmental ...