Thursday, January 26, 2012 12:59 PM PT
Overseas Shippers Sue to Stop Paying
For Sailors Detained in Fla.

     JACKSONVILLE, FLA. (CN) - Foreign ship operators claim they have forked over more than $527,000 to cover four sailors' six-month detainment in Jacksonville, Fla. after the government initially detained the crewmembers on suspicion of polluting the port.
     In July 2011, the U.S. Coast Guard refused to release the M/V Dignity Ace when the ship's chief engineer allegedly handed inspectors a fake oil record book, Dignity Maritime Limited, based in the Isle of Man, and Greece-based Stamco Ship Management Co. claim.
     The Coast Guard asked U.S. Customs and Border Protection to suspend the boat's departure clearance on suspicion of violating the Act to Prevent Pollution from Ships, according to the boat operators' lawsuit, filed in Federal Court in Florida.
     Seven Bulgarian and Filipino crewmembers aboard the ship were hauled ashore after the U.S. Attorney in Florida began investigating possible criminal charges, the maritime companies say.
     Dignity Maritime and Stamco say they posted a $1 million surety bond and signed a security agreement, which allowed the release of the boat. However, the U.S. Department of Homeland Security held onto the seven crewmembers, the companies claim.
     The Coast Guard listed more than a dozen demands in the security agreement, including the "indefinite detention" of the seven crewmembers and the requirement that the boat owners pay the sailors' wages, hotel lodging costs and medical expenses during their detainment, according to the complaint.
     Dignity Maritime and Stamco claim the demands were unlawful, but the companies signed the agreement in order to get their ship back out to sea.
     "To date, no criminal complaints have been issued, nor has an indictment been filed with the court," Dignity Maritime and Stamco state. "This is despite the fact that during the past 187 days, the government has had access to the detained witnesses, all of whom have been maintained, at petitioners' expense, at hotels in Jacksonville, Fla. The government has also had possession and control of all documents and items seized from the vessel."
     The maritime companies claim the government has not explained the delay and that it is "fundamentally unfair" that they bear the brunt of the costs, which are now up to $527,000.
     Although three crewmembers have been released, Dignity Maritime and Stamco continue to pay for the remaining four detained crewmembers' expenses, which costs them about $852 per day, according to the complaint.
     The maritime companies say that, under law, they should not be required to pay the costs, especially given that "the government's delay is unreasonable and significant."
     Dignity Maritime and Stamco want out of their obligation to pay for the detainees' expenses and the crewmembers declared material witnesses so the government has to pay for the sailors' stay in the U.S.
     The maritime companies are represented by Phillip Buhler of Moseley Prichard Parrish Knight & Jones in Jacksonville.