Summary of Criminal Prosecutions
FISCAL YEAR: 2010
1. PRINCIPAL DEFENDANT: Gunduz Avaz
M.D. Florida 8:10-CR-286T30AEP
M.D. Florida 8:10-CR-286T30AEP
2. DEFENDANT: Yavuz Mogultay
M.D. Florida 8:10-CR-264T24MAP
M.D. Florida 8:10-CR-264T24MAP
Gunduz Avaz pleaded guilty and was sentenced on September 7, 2010, in U.S. District Court in the Middle District of Florida to five years of probation for a violation of the Act to Prevent Pollution on Ships. Avaz, a Turkish citizen, pleaded guilty on August 3, 2010, to failing to fully and accurately maintain an Oil Record Book as required by international treaty and United States law. His offense ended on October 21, 2009.
According to court documents, Avaz served as the Chief Engineer onboard the cargo ship M/V Avenue Star. Avaz failed to record in the Oil Record Book illegal discharges of oily wastes from the engine room of the ship that were first transferred to a sea-water ballast storage tank then disposed of at sea while the vessel transited from Honduras to Tampa, Fla. Based on a complaint lodged by several crew members, the U.S. Coast Guard conducted an inspection of the M/V Avenue Star on October 21, 2009, at the Port of Tampa and discovered oil in the ballast water tank and the hoses used to by-pass the pollution prevention equipment.
According to court documents, Avaz served as the Chief Engineer onboard the cargo ship M/V Avenue Star. Avaz failed to record in the Oil Record Book illegal discharges of oily wastes from the engine room of the ship that were first transferred to a sea-water ballast storage tank then disposed of at sea while the vessel transited from Honduras to Tampa, Fla. Based on a complaint lodged by several crew members, the U.S. Coast Guard conducted an inspection of the M/V Avenue Star on October 21, 2009, at the Port of Tampa and discovered oil in the ballast water tank and the hoses used to by-pass the pollution prevention equipment.
June 28, 2010
Mogultay was charged in an Information with one count of violating the CWA {33 U.S.C. 1908(a) - ..}.
CITATION: 33 U.S.C. 1908(a)
July 9, 2010
Avaz was charged in an Information with one count of violating the CWA.
July 23, 2010
Mogultay pled guilty a one-count Information charging him with knowingly failing to fully and accurately to maintain an Oil Record Book .
Middle District of Florida
FOR IMMEDIATE RELEASE
July 23, 2010 CARGO SHIP ENGINEER PLEADS GUILTY IN TAMPA TO COVERING UP ILLEGAL OIL DUMPING Tampa, Florida - United States Attorney A. Brian Albritton announces that Yavuz Mogultay (age 31, a Turkish citizen) pleaded guilty before United States District Judge Mark A. Pizzo yesterday to a one-count Information charging him with knowingly failing to fully and accurately to maintain an Oil Record Book as required by international treaty and United States law. Mogultay faces a maximum sentence of six years in federal prison. A sentencing date has not yet been set. Mogultay served as the Second Assistant Engineer onboard the cargo ship M/V Avenue Star. According to the Information, Mogultay used bypass hoses to sort-cut the vessel’s pollution prevention equipment and discharge oily waste from the engine room. He then failed to record the discharges in the vessel’s Oil Record Book. Mogultay also failed to record the transfer of oily wastes into a ballast tank used to store various amounts of seawater to maintain the stability of the vessel. Based on a complaint lodged by several crew members, the U.S. Coast Guard inspected the M/V Avenue Star on October 21, 2009 at the Port of Tampa and discovered oil in the ballast water tank, as well as the hoses that Mogultay had used to by pass the ship’s pollution prevention equipment. This case was investigated by the United States Coast Guard and the Environmental Protection Agency. The case was prosecuted by Trial Attorney Kenneth E. Nelson of the Environmental and National Resources Division of the Department of Justice and Assistant United States Attorney Jay L. Hoffer.
Middle District of Florida
FOR IMMEDIATE RELEASE
July 23, 2010 CARGO SHIP ENGINEER PLEADS GUILTY IN TAMPA TO COVERING UP ILLEGAL OIL DUMPING Tampa, Florida - United States Attorney A. Brian Albritton announces that Yavuz Mogultay (age 31, a Turkish citizen) pleaded guilty before United States District Judge Mark A. Pizzo yesterday to a one-count Information charging him with knowingly failing to fully and accurately to maintain an Oil Record Book as required by international treaty and United States law. Mogultay faces a maximum sentence of six years in federal prison. A sentencing date has not yet been set. Mogultay served as the Second Assistant Engineer onboard the cargo ship M/V Avenue Star. According to the Information, Mogultay used bypass hoses to sort-cut the vessel’s pollution prevention equipment and discharge oily waste from the engine room. He then failed to record the discharges in the vessel’s Oil Record Book. Mogultay also failed to record the transfer of oily wastes into a ballast tank used to store various amounts of seawater to maintain the stability of the vessel. Based on a complaint lodged by several crew members, the U.S. Coast Guard inspected the M/V Avenue Star on October 21, 2009 at the Port of Tampa and discovered oil in the ballast water tank, as well as the hoses that Mogultay had used to by pass the ship’s pollution prevention equipment. This case was investigated by the United States Coast Guard and the Environmental Protection Agency. The case was prosecuted by Trial Attorney Kenneth E. Nelson of the Environmental and National Resources Division of the Department of Justice and Assistant United States Attorney Jay L. Hoffer.
August 3, 2010
Avaz pled guilty to a one-count Information charging him with knowingly failing to fully and accurately maintain an Oil Record Book.
Middle District of Florida
FOR IMMEDIATE RELEASE
August 3, 2010 CARGO SHIP CHIEF ENGINEER PLEADS GUILTY TO COVERING UP ILLEGAL OIL DUMPING Tampa, Florida - United States Attorney A. Brian Albritton announces that Gunduz Avaz (age 50, a Turkish citizen) today pleaded guilty before United States Magistrate Judge Anthony E. Porcelli to a one-count Information charging him with knowingly failing to fully and accurately maintain an Oil Record Book as required by international treaty and United States law. Avaz faces a maximum sentence of six years in federal prison. According to court documents, Avaz served as the Chief Engineer onboard the cargo ship M/V Avenue Star and he failed to accurately maintain an Oil Record Book on board the vessel. Specifically, Avaz failed to record in the Oil Record Book illegal discharges of oily wastes from the engine room of the ship that were first transferred to a sea-water ballast storage tank then disposed of at sea while the vessel transited from Honduras to Tampa, FL. Based on a complaint lodged by several crew members, the U.S. Coast Guard conducted an inspection of the M/V Avenue Star on October 21, 2009 at the Port of Tampa and discovered oil in the ballast water tank and the hoses used to by-pass the pollution prevention equipment. This case was investigated by the United States Coast Guard and the Environmental Protection Agency. It is being prosecuted by Kenneth E. Nelson, trial attorney with the Department of Justice Environmental Crimes Section, and Assistant U.S. Attorney Jay Hoffer of the Middle District of Florida.
Middle District of Florida
FOR IMMEDIATE RELEASE
August 3, 2010 CARGO SHIP CHIEF ENGINEER PLEADS GUILTY TO COVERING UP ILLEGAL OIL DUMPING Tampa, Florida - United States Attorney A. Brian Albritton announces that Gunduz Avaz (age 50, a Turkish citizen) today pleaded guilty before United States Magistrate Judge Anthony E. Porcelli to a one-count Information charging him with knowingly failing to fully and accurately maintain an Oil Record Book as required by international treaty and United States law. Avaz faces a maximum sentence of six years in federal prison. According to court documents, Avaz served as the Chief Engineer onboard the cargo ship M/V Avenue Star and he failed to accurately maintain an Oil Record Book on board the vessel. Specifically, Avaz failed to record in the Oil Record Book illegal discharges of oily wastes from the engine room of the ship that were first transferred to a sea-water ballast storage tank then disposed of at sea while the vessel transited from Honduras to Tampa, FL. Based on a complaint lodged by several crew members, the U.S. Coast Guard conducted an inspection of the M/V Avenue Star on October 21, 2009 at the Port of Tampa and discovered oil in the ballast water tank and the hoses used to by-pass the pollution prevention equipment. This case was investigated by the United States Coast Guard and the Environmental Protection Agency. It is being prosecuted by Kenneth E. Nelson, trial attorney with the Department of Justice Environmental Crimes Section, and Assistant U.S. Attorney Jay Hoffer of the Middle District of Florida.
August 27, 2010
Mogultay was sentenced to 60 months probation. No fine was imposed.
September 7, 2010
Avaz was sentenced to 60 months probation. No fine was imposed.
STATUTE:
- Act to Prevent Pollution from Ships (APPS)