Summary of Criminal Prosecutions
FISCAL YEAR: 2011
1. PRINCIPAL DEFENDANT: Randall (Randy) Dantin
E.D. Louisiana 2:10-CR-00190-KDE-DEK
E.D. Louisiana 2:10-CR-00190-KDE-DEK
2. DEFENDANT: DRD Towing Company, LLC
E.D. Louisiana 2:10-CR-00190-KDE-DEK
E.D. Louisiana 2:10-CR-00190-KDE-DEK
3. DEFENDANT: John Bavaret III
E.D. Louisiana 2:10-CR-00334-MLCF-SS
E.D. Louisiana 2:10-CR-00334-MLCF-SS
4. DEFENDANT: Terry Carver
E.D. Louisiana 2:10-CR-00191-ILRL_DEK / 2:10-CR-00334-MLCF-SS / 2:10-CR-00333-HGB-ACC
E.D. Louisiana 2:10-CR-00191-ILRL_DEK / 2:10-CR-00334-MLCF-SS / 2:10-CR-00333-HGB-ACC
DRD TOWING COMPANY, LLC., a marine company located in Harvey, Louisiana, operated the M/V Mel Oliver. Randall Dantin, is co-owner of DRD TOWING.
On July 23, 2008, a tug boat owned by DRD was transporting abarge containing biodiesel fuel. At approximately 1:30 am, the barge collided with the M/T Tintomara, a 600-foot tanker ship, causing the release of approximately 282,000 gallons of fuel oil in the lower Mississippi River near downtown New Orleans. Subsequently, the Mississippi River was closed from mile marker 99 south to the Gulf of Mexico. The closure impacted the drinking water supplies of Orleans, Jefferson, St. Bernard and Plaquemines Parishes. During the investigation it was determined that DRD routinely understaffed vessels and/or staffed the vessels with either under licensed or unlicensed personnel, which created unsafe working conditions that contributed to the aforementioned collision. Additionally, the investigation revealed that DRD, at the direction of Randall Dantin, obstructed the Government's investigation by causing the deletion of "electronic payroll sheets" from a DRD laptop computer which were material to the U.S. Coast Guard's investigation into the collision on July 23, 2008 between the M/V Mel Oliver and M/T Tintomara.
On July 23, 2008, a tug boat owned by DRD was transporting abarge containing biodiesel fuel. At approximately 1:30 am, the barge collided with the M/T Tintomara, a 600-foot tanker ship, causing the release of approximately 282,000 gallons of fuel oil in the lower Mississippi River near downtown New Orleans. Subsequently, the Mississippi River was closed from mile marker 99 south to the Gulf of Mexico. The closure impacted the drinking water supplies of Orleans, Jefferson, St. Bernard and Plaquemines Parishes. During the investigation it was determined that DRD routinely understaffed vessels and/or staffed the vessels with either under licensed or unlicensed personnel, which created unsafe working conditions that contributed to the aforementioned collision. Additionally, the investigation revealed that DRD, at the direction of Randall Dantin, obstructed the Government's investigation by causing the deletion of "electronic payroll sheets" from a DRD laptop computer which were material to the U.S. Coast Guard's investigation into the collision on July 23, 2008 between the M/V Mel Oliver and M/T Tintomara.
July 2, 2010
DRD Towing was charged in an Information with one count of violation the Clean Water Act (CWA) {33 U.S.C. 1221 - specifically the Ports and Waterways Safety Act}; and one count of violating 33 U.S.C. 1319(c)(1)(A) - negligent violation}.
Dantin was charged with one count of Obstruction of Justice, a felony violation of 18 U.S.C. 1505.
CITATION: 33 U.S.C. 1221, 33 U.S.C. 1221, 33 U.S.C. 1319(c)(1)(A)
September 8, 2010
Dantin pled guilty to obstruction of justice for causing the deletion of “electronic payroll sheets,” from a DRD Towing laptop computer
The United States Attorney's Office
Eastern District of Louisiana
Press Releases
September 8, 2010
FOR IMMEDIATE RELEASE DRD TOWING COMPANY AND ITS OWNER PLEAD GUILTY TO CHARGES IN CONNECTION WITH 2008 OIL SPILL IN MISSISSIPPI RIVER DRD TOWING COMPANY, LLC., a marine company located in Harvey, Louisiana, pled guilty in federal court today before U.S. District Judge Ivan L.R. Lemelle to a felony violation of Ports and Waterways Safety Act and a misdemeanor violation of the Clean Water Act, announced U. S. Attorney Jim Letten. In addition, RANDALL DANTIN, age 46, a resident of Marrero, Louisiana and co-owner of DRD TOWING also pled guilty to a separate charge of obstruction of justice. According to the court documents, DRD TOWING COMPANY, LLC. pled guilty today to creating hazardous conditions by (1) assigning employees without proper Coast Guard licenses to operate certain vessels thereby causing these vessels to operate in the navigable waters of the United States with manning levels below those determined by the Coast Guard to be necessary for safe navigation, and (2) paying licensed captains to operate a vessel for 24 hour a day without a relief captain, knowing that the Coast Guard viewed the use of over-fatigued mariners operating tugboats and barges to be a hazardous condition that would not allow for safe operation of the vessel. The statutory standard related to fatigue was that operators were prohibited from working for more than 12 hours in a 24 hour period. DRD also pled guilty to the illegal negligent discharge of oil on July 23, 2008 admitting that the M/V Mel Oliver, owned by DRD, was pushing a tanker barge full of fuel oil when it crossed in the path of the M/T Tintomara, a 600-foot Liberian-flagged tanker ship and caused a collision which resulted in the negligent discharge of approximately 282,686 gallons of fuel oil from the barge into the Mississippi River. The maximum penalty DRD TOWING faces as to count one is a maximum fine of the greater of $500,000 or twice the gain or loss resulting from the criminal offense, and as to count two, a fine of up to $200,000 or twice the gain or loss resulting from the criminal offense. Sentencing has been set for December 15, 2010. In the second case, DANTIN pled guilty admitting to obstruction of justice for causing the deletion of “electronic payroll sheets,” from a DRD TOWING laptop computer which were material to the Coast Guard Hearing convened to investigate the collision on July 23, 2008 between a the M/V Mel Oliver and M/T Tintomara. DANTIN faces a maximum penalty of five (5) years imprisonment and a fine of $250,000. Sentencing has been set for December 8, 2010. Speaking to today’s pleas, U. S. Attorney Jim Letten stated: “Today’s convictions, which represent the culmination of a lengthy and thorough investigation of individual and company conduct and failures which ultimately preceded the tragic collision and oil spill on the Mississippi River, are evidence of our commitment – along with the U. S. Coast Guard and Environmental Protection Agency – to protect our inland waterways. This case also demonstrated the extraordinary damage to our environment which can occur when maritime companies and individuals fail to meet basic standards through shortcuts and simple greed. Along with the U. S. Coast Guard and EPA Criminal Enforcement Division, and our other federal partners, we will continue to be vigilant in doing everything possible provided by law to protect our waterways and environment.” Ivan Vikin, Special Agent in Charge of EPA’s Criminal Enforcement for the Louisiana region, added: “Today's plea demonstrates our commitment to hold accountable those violators who damage the environment and, at the same time, endanger their workers by placing them in harm's way. DRD Towing has a history of operating undermanned vessels that are often staffed with unqualified personnel. This manner of 'doing business' is both dangerous and criminal and will not be tolerated.” Rear Admiral Mary Landry, Eighth District Coast Guard Commander stated: “The failure to comply with marine pollution laws and merchant marine licensing requirements can't be tolerated by the maritime industry or the citizens of the United States. Ensuring the safety of our fellow mariners and protecting the marine environment are cornerstones of the Coast Guard’s mission. This case clearly demonstrates the Coast Guard's commitment to work with our interagency partners to aggressively enforce maritime anti-pollution and safety laws, and provides a testament to the dedication of all persons who were involved in resolving this matter - including the Coast Guard Investigative Service, the U. S. Department of Justice, and the U. S. Attorney for the Eastern District of Louisiana.” This case was investigated by the United States Environmental Protection Agency, Criminal Investigation and the United States Coast Guard Criminal Investigative Service and was prosecuted by Assistant United States Attorney Dorothy Manning Taylor. DRD Towing Company, LLC. pled to creating hazardous conditions by (1) assigning employees without proper USCG licenses to operate certain vessels thereby causing these vessels to operate in the navigable waters of the United States with manning levels below those determined by the USCG to be necessary for safe navigation, and (2) paying licensed captains to operate a vessel for 24 hour a day without a relief captain, knowing that the Coast Guard viewed the use of over-fatigued mariners operating tugboats and barges to be a hazardous condition that would not allow for safe operation of the vessel. DRD also pled guilty to the illegal negligent discharge of oil.
CITATION: 33 U.S.C. 1221, 33 U.S.C. 1221
The United States Attorney's Office
Eastern District of Louisiana
Press Releases
September 8, 2010
FOR IMMEDIATE RELEASE DRD TOWING COMPANY AND ITS OWNER PLEAD GUILTY TO CHARGES IN CONNECTION WITH 2008 OIL SPILL IN MISSISSIPPI RIVER DRD TOWING COMPANY, LLC., a marine company located in Harvey, Louisiana, pled guilty in federal court today before U.S. District Judge Ivan L.R. Lemelle to a felony violation of Ports and Waterways Safety Act and a misdemeanor violation of the Clean Water Act, announced U. S. Attorney Jim Letten. In addition, RANDALL DANTIN, age 46, a resident of Marrero, Louisiana and co-owner of DRD TOWING also pled guilty to a separate charge of obstruction of justice. According to the court documents, DRD TOWING COMPANY, LLC. pled guilty today to creating hazardous conditions by (1) assigning employees without proper Coast Guard licenses to operate certain vessels thereby causing these vessels to operate in the navigable waters of the United States with manning levels below those determined by the Coast Guard to be necessary for safe navigation, and (2) paying licensed captains to operate a vessel for 24 hour a day without a relief captain, knowing that the Coast Guard viewed the use of over-fatigued mariners operating tugboats and barges to be a hazardous condition that would not allow for safe operation of the vessel. The statutory standard related to fatigue was that operators were prohibited from working for more than 12 hours in a 24 hour period. DRD also pled guilty to the illegal negligent discharge of oil on July 23, 2008 admitting that the M/V Mel Oliver, owned by DRD, was pushing a tanker barge full of fuel oil when it crossed in the path of the M/T Tintomara, a 600-foot Liberian-flagged tanker ship and caused a collision which resulted in the negligent discharge of approximately 282,686 gallons of fuel oil from the barge into the Mississippi River. The maximum penalty DRD TOWING faces as to count one is a maximum fine of the greater of $500,000 or twice the gain or loss resulting from the criminal offense, and as to count two, a fine of up to $200,000 or twice the gain or loss resulting from the criminal offense. Sentencing has been set for December 15, 2010. In the second case, DANTIN pled guilty admitting to obstruction of justice for causing the deletion of “electronic payroll sheets,” from a DRD TOWING laptop computer which were material to the Coast Guard Hearing convened to investigate the collision on July 23, 2008 between a the M/V Mel Oliver and M/T Tintomara. DANTIN faces a maximum penalty of five (5) years imprisonment and a fine of $250,000. Sentencing has been set for December 8, 2010. Speaking to today’s pleas, U. S. Attorney Jim Letten stated: “Today’s convictions, which represent the culmination of a lengthy and thorough investigation of individual and company conduct and failures which ultimately preceded the tragic collision and oil spill on the Mississippi River, are evidence of our commitment – along with the U. S. Coast Guard and Environmental Protection Agency – to protect our inland waterways. This case also demonstrated the extraordinary damage to our environment which can occur when maritime companies and individuals fail to meet basic standards through shortcuts and simple greed. Along with the U. S. Coast Guard and EPA Criminal Enforcement Division, and our other federal partners, we will continue to be vigilant in doing everything possible provided by law to protect our waterways and environment.” Ivan Vikin, Special Agent in Charge of EPA’s Criminal Enforcement for the Louisiana region, added: “Today's plea demonstrates our commitment to hold accountable those violators who damage the environment and, at the same time, endanger their workers by placing them in harm's way. DRD Towing has a history of operating undermanned vessels that are often staffed with unqualified personnel. This manner of 'doing business' is both dangerous and criminal and will not be tolerated.” Rear Admiral Mary Landry, Eighth District Coast Guard Commander stated: “The failure to comply with marine pollution laws and merchant marine licensing requirements can't be tolerated by the maritime industry or the citizens of the United States. Ensuring the safety of our fellow mariners and protecting the marine environment are cornerstones of the Coast Guard’s mission. This case clearly demonstrates the Coast Guard's commitment to work with our interagency partners to aggressively enforce maritime anti-pollution and safety laws, and provides a testament to the dedication of all persons who were involved in resolving this matter - including the Coast Guard Investigative Service, the U. S. Department of Justice, and the U. S. Attorney for the Eastern District of Louisiana.” This case was investigated by the United States Environmental Protection Agency, Criminal Investigation and the United States Coast Guard Criminal Investigative Service and was prosecuted by Assistant United States Attorney Dorothy Manning Taylor. DRD Towing Company, LLC. pled to creating hazardous conditions by (1) assigning employees without proper USCG licenses to operate certain vessels thereby causing these vessels to operate in the navigable waters of the United States with manning levels below those determined by the USCG to be necessary for safe navigation, and (2) paying licensed captains to operate a vessel for 24 hour a day without a relief captain, knowing that the Coast Guard viewed the use of over-fatigued mariners operating tugboats and barges to be a hazardous condition that would not allow for safe operation of the vessel. DRD also pled guilty to the illegal negligent discharge of oil.
December 2, 2010
Carver, who was the pilot of the M/V Mel Oliver, was charged via f Information with one felony count of violating 33 U.S.C. 1221, Ports and Waterways Safety Act. Carver was the assigned pilot of the Mel Oliver, who left the vessel for an extended period of time leaving an unlicensed deck-hand to operate the vessel.
John Bavaret, the unlicensed deck-hand who was piloting the Mel Oliver during the collision was charged with one felony count of violating 33 U.S.C. 1221, Ports and Waterways Safety Act; and one misdemeanor count of violating 33 U.S.C. 1319(c)(1)(A), the Clean Water Act.
CITATION: 33 U.S.c. 1223
December 20, 2010
Bavaret was charged in a superseding Information with two counts of violating the CWA {33 U.S.C. 1221 - Ports and Waterways Safety Act and 33 U.S.C. 1319(c)(1)(A) - negligently violates}.
January 19, 2011
Dantin was sentenced to 21 months incarceration, 24 months supervised release and was ordered to pay a $50,000 fine.
DRD was sentenced to 24 months probation and ordered to pay a $200,000 federal fine.
Bavaret pled guilty to Counts 1 and 2 of the 01/11/11 superseding information.
The United States Attorney's Office
Eastern District of Louisiana
FOR IMMEDIATE RELEASE
January 19, 2011
DRD TOWING COMPANY AND ITS OWNER SENTENCED IN CONNECTION WITH OIL SPILL IN MISSISSIPPI RIVER
DRD TOWING COMPANY, LLC., a marine company located in Harvey, Louisiana, was sentenced today in federal court by U. S. District Judge Ivan L.R. Lemelle to two years probation for violation of Ports and Waterways Safety Act and a misdemeanor violation of the Clean Water Act and a $200,000 fine, announced U. S. Attorney Jim Letten. In addition, RANDALL DANTIN, age 46, a resident of Marrero, Louisiana and co-owner of DRD TOWING, was sentenced to twenty-one (21) months imprisonment in a separate charge of obstruction of justice. DANTIN was also ordered to pay a $50,000 fine and serve two (2) years supervised release during which time he will be under federal supervision and risks additional imprisonment should he violate any terms of the release. According to court documents, on September 8, 2010, DRD TOWING COMPANY, LLC. pled to creating hazardous conditions by (1) assigning employees without proper Coast Guard licenses to operate certain vessels thereby causing these vessels to operate in the navigable waters of the United States with manning levels below those determined by the Coast Guard to be necessary for safe navigation, and (2) paying licensed captains to operate a vessel for 24 hour a day without a relief captain, knowing that the Coast Guard viewed the use of over-fatigued mariners operating tugboats and barges to be a hazardous condition that would not allow for safe operation of the vessel. The statutory standard related to fatigue was that operators were prohibited from working for more than 12 hours in a 24 hour period. DRD also pled guilty to the illegal negligent discharge of oil on July 23, 2008 admitting that the M/V Mel Oliver, owned by DRD, was pushing a tanker barge full of fuel oil when it crossed in the path of the M/T Tintomara, a 600-foot Liberian-flagged tanker ship and caused a collision which resulted in the negligent discharge of approximately 282,686 gallons of fuel oil from the barge into the Mississippi River. "These sentences demonstrate our commitment to hold accountable those violators who damage the environment and, at the same time, endanger their workers by placing them in harm's way,” said Ivan Vikin, Special Agent in Charge of EPA’s Criminal Enforcement program for the Louisiana region. “DRD Towing has a history of operating undermanned vessels that are often staffed with unqualified personnel. This manner of 'doing business' is both dangerous and criminal and will not be tolerated.” In the second case, also on September 8, 2010, DANTIN pled guilty to obstruction of justice for causing the deletion of “electronic payroll sheets,” from a DRD TOWING laptop computer which were material to the Coast Guard Hearing convened to investigate the collision on July 23, 2008 between a the M/V Mel Oliver and M/T Tintomara. This case was investigated by the United States Environmental Protection Agency, Criminal Investigation and the United States Coast Guard Criminal Investigative Service and was prosecuted by Assistant United States Attorneys Dorothy Manning Taylor and Matthew Chester.
April 13, 2011
Carver pled guilty and was sentenced to 36 months probation.
The United States Attorney's Office
Eastern District of Louisiana
FOR IMMEDIATE RELEASE
April 13, 2011
CAPTAIN SENTENCED FOR LEAVING OPERATION OF TUGBOAT WITH UNLICENSED PILOT
TERRY CARVER, age 40, resident of Glasford, Illinois, was sentenced today in federal court by U. S. District Judge Helen G. Berrigan to three (3) years probation for creating a hazardous condition on board the M/V Mel Oliver in violation of the Ports and Waterways Safety Act, announced U. S. Attorney Jim Letten. According to court documents, at approximately 7:00 P.M. on July 20, 2008, CARVER removed himself from the M/V Mel Oliver to travel to Illinois for personal reasons leaving the M/V Mel Oliver under the direction and control of an underlicensed employee. There were no other properly licensed employees to operate the Mel Oliver at the time CARVER left the Mel Oliver. In a related case, DRD TOWING COMPANY, LLC., a marine company located in Harvey, Louisiana, which operated the M/V Mel Oliver was sentenced in January, 2011 to two years probation and a $200,000 fine for violation of Ports and Waterways Safety Act and a misdemeanor violation of the Clean Water Act. In addition, RANDALL DANTIN, a resident of co-owner of DRD TOWING, was sentenced to twenty-one (21) months imprisonment and a $50,000 fine in a separate charge of obstruction of justice. In another related case, John Bavaret, a licensed apprentice-mate aboard the M/V Mel Oliver, previously pled guilty admitting that from approximately July 20, 2008 through July 23, 2008, he steered the M/V Mel Oliver without a properly-licensed captain present, for DRD Towing, L.L.C., a marine company that operated tugboats. Further, he admitted that at 1:30 A.M. on July 23, 2008, the M/V Mel Oliver collided with the M/V Tintomara, a 600-foot tanker ship, causing the release of approximately 282,828 gallons of fuel oil in the lower Mississippi River near downtown New Orleans. Bavaret is awaiting sentencing. "The Coast Guard is dedicated to the protection of America's waterways and those who sail upon them. One of the fundamental tenets of safe navigation is having a properly licensed mariner in charge of the vessel. When this principle is broken, the lives of all mariners and the marine environment are at risk. I am grateful to the Department of Justice for their hard work on this case and appreciate the synergy between our two agencies," said Rear Adm. Mary E. Landry, Eighth District Coast Guard commander. This case was investigated by the United States Environmental Protection Agency, Criminal Investigation and the United States Coast Guard Criminal Investigative Service and was prosecuted by Assistant United States Attorneys Dorothy Manning Taylor and Matthew Chester.
August 24, 2011
Bavaret was sentenced to 6 months incarceration, and 36 months supervised release which includes 6 months home detention upon his release from prison.
The United States Attorney's Office
Eastern District of Louisiana
FOR IMMEDIATE RELEASE
August 24, 2011
FORMER SHIP MATE SENTENCED IN TUGBOAT COLLISION
JOHN BAVARET, 42, a resident of Marrero, Louisiana, was sentenced today by U. S. District Judge Martin L.C. Feldman to six (6) months imprisonment, followed by six (6) months of home detention, and a $125 special assessment after pleading guilty in January, 2010 to a two-count bill of information, announced U. S. Attorney Jim Letten. BAVARET was charged with a felony violation of the Ports and Waterways Safety Act and a misdemeanor violation of the Clean Water Act. According to court documents, BAVARET held an apprentice-mate license, which allowed him to lawfully steer a tugboat only when a properly licensed captain was standing next to him on the wheelhouse. From approximately July 20, 2008, through July 23, 2008, BAVARET admitted to unlawfully steering a vessel, the M/V Mel Oliver, without a properly-licensed captain present, for DRD Towing, L.L.C., a marine company that operated tugboats. During this same period of time, at approximately 1:30 a.m. on July 23, 2008, while BAVARET was unlawfully at the helm of the ship by himself, the M/V Mel Oliver collided with the M/V Tintomara, a 600-foot tanker ship, causing the release of approximately 282,828 gallons of fuel oil in the lower Mississippi River near downtown New Orleans. Commenting on today’s sentence, Rear Admiral Roy A. Nash, the Eighth District Coast Guard Commander for the United States Coast Guard said: The Coast Guard remains steadfast in our resolve to protect our waterways and the lives of those who sail upon them. I am especially grateful to the Department of Justice for their tireless efforts in this case.” The case was investigated by agents from the U. S. Environmental Protection Agency and the U.S. Coast Guard Criminal Investigative Service. The case was prosecuted by Assistant U. S. Attorneys Matt Chester and Dorothy Taylor.
STATUTE:
- Clean Water Act (CWA)