dyer ellis

- An Effective Shield from Criminal Prosecution Maritime Reporter, Mar 2000 #14
The maritime community has increasingly become the target of Department of Justice (DOJ) and state prosecution efforts to pursue criminal sanctions against corporations and senior management involved in maritime transportation incidents. Though many of the prosecutorial efforts involve egregious cases, some involve incidents that were previously treated as accidents. DOJ recently announced that federal enforcement actions involving environmental issues rose by almost 50 percent from 1996 to 1997. Criminal enforcement efforts often focus on highly visible companies for the maximum deterrent effect and greatest public impact.

Because of aggressive federal and state efforts targeting environmental crimes, and the severe risks and consequences of criminal prosecution, it is time for each and every company to take a hard look at their corporate environmental compliance programs. It is simply too late after an incident occurs.

Vessel owners and operators must meet a myriad of domestic and international requirements, including the International Safety Management (ISM) Code with requirements addressing environmental protection. Compliance with these requirements alone will not adequately "shield" owners and operators from prosecution. Shipowners and operators must ensure that an effective and comprehensive environmental compliance program is in place. This is crucial because the DOJ affords a company with an effective compliance program favorable consideration in criminal actions. Thus, effective environmental compliance programs must be established and smoothly running prior to an incident. But, what constitutes an effective compliance program?

Unfortunately, there is no universally accepted single standard. For example, the U.S. Sentencing Guidelines for Organizations, often referred to as the standard for determining whether a company has an effective compliance program, specifically exclude environmental crimes from its fine calculation provisions. In fact, guidelines and policies relating to environmental crimes and compliance programs are set forth in various agency documents addressing both environmental crimes and compliance programs. The five most prominent documents are as follows: DOJ Policy Statement of July 1, 1991: Contains certain environmental compliance program factors that DOJ prosecutors should consider in making decisions on criminal prosecutions for environmental violations.

• EPA Policy Statement of December 22, 1995: Encourages regulated entities to voluntarily discover, disclose, and correct violations of environmental laws, including guidance on six elements demonstrating an effective compliance program.

• Draft U.S. Sentencing Guidelines for Environmental Crimes: Sets forth seven fundamental elements that must be satisfied for a company to be granted mitigation for its commitment to environmental compliance — submitted to the Sentencing Commission in 1993 but not adopted to date.

• U.S. Sentencing Guidelines for Organizations: Defines a compliance program as one demonstrating that a company exercised "due diligence" in seeking to prevent and detect criminal conduct and requires that an organization meet seven compliance program related elements.

• Unpublished DOJ Memorandum of June 16, 1999: Details seven factors for federal prosecutors to consider in deciding whether to pursue criminal charges including whether an environmental compliance program is adequately designed for maximum effectiveness in preventing and detecting wrongdoing and whether management is enforcing the program or tacitly encouraging or pressuring employees to engage in misconduct to achieve business objectives.

The guidance notes that prosecuting a corporation is no substitute for prosecuting individuals.

At first glance a shipowner or operator appears to be facing a daunting task in determining the environmental compliance model to ensure that prosecutors will conclude that a company has established an effective environmental compliance program. Frankly, though challenging, the vagaries in determining an effective environmental compliance program can be used to the advantage of a company. It provides a company with great flexibility in developing and maintaining and effective program if it can be demonstrated that a carefully developed and executed program has been tailored and implemented to meet the practical needs of a company based on applicable guidelines. Moreover, it provides defense counsel with the opportunity to be creative in negotiations with prosecutors due to the uncertainty in applying the various guidelines.

In summary, the establishment of an effective maritime environmental compliance program is crucial to the continued success of companies engaged in marine transportation. A company should analyze the common elements of the various environmental compliance guidelines as discussed above and com- pare them against its compliance program.

First, an assessment of which elements are most commonly found in the compliance guidance documents should be completed. Second, the company should then modify its environmental compliance program as appropriately modeled after the common compliance elements found in the agency guidance.

In short, a compliance program developed in this manner will best shield or help deflect prosecutorial actions by demonstrating that a thoughtful, effective, and practical program has been developed and implemented based on applicable guidelines. The future will belong to those who plan for it.

Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, Washington, D.C.
- Proposed Regulations Regarding Source of Income From Activities In Intl. Waters Maritime Reporter, Apr 2001 #14
may prove time consuming, an examination of the potential impact of the new regulations on a particular company should begin as soon as possible. Dyer Ellis & Joseph, P.C. is a Washington, DC-based law firm with a domestic and international practice involving transportation, shipping, finance, corporate
- No Leg Left to Stand On - An Obituary for MarAd? Maritime Reporter, Jun 2001 #36
friends. John Graykowski served as Deputy Maritime Administrator and Acting Maritime Administrator 1994 through 2000. He is currently a partner with Dyer Ellis & Joseph, P.C., a Washington, D.C. -based law firm with a domestic and international practice involving transportation, shipping, finance, corporate
- CIT Takes Issue With Customs' Duty Calculation in Dry-Docking Case Maritime Reporter, Nov 2001 #21
and/or modifications has expired, then the cost of continuing the dry-docking from that point forward would be dutiable. Thomas Cheplo is an attorney at Dyer Ellis c£ Joseph, P.C., a Washington, D.C. based law firm with a domestic and international practice involving transportation, shipping, finance
- The Future Of E-Commerce: Will The Maritime Industry Be Left Behind? Maritime Reporter, Nov 2000 #12
secure transactions, will properly launch the maritime industry into the realm of ecommerce where it belongs. Natalia IV. Geren is an associate with Dyer Ellis c£ Joseph, P.C., a Washington, DC.-based law firm with a domestic and international practice involving transportation, shipping, finance, porate
- Coast Guard Announces Marine Casually Reporting Requirements Maritime Reporter, Jan 2001 #9
On Thursday, November 2, 2000, the U.S. Coast Guard published a notice of proposed rulemaking (NPRM) regarding marine casualty reporting requirements. The proposed rule would amend the marine casualty reporting requirements by adding "significant harm to the environment" to the list of reportable mari
- Development of Security Legislation and Regulation Affecting Passenger Vessels Maritime Reporter, Feb 2002 #10
to come. Company personnel should be given enhanced training and advice on how to cope in this new environment. Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, P.C., a Washington, D.C. -based law firm. Susan L. Watson is an associate with the firm
- Maritime Transportation Is On Senate Subcommittee Agenda Maritime Reporter, Mar 2001 #11
legislation setting their own ballast water standards. This issue has become very controversial and Congress may decide to take further action. Dyer Ellis <6 Joseph Washington, D.
- Port Security Legislation Reinforces Security Maritime Reporter, Dec 2001 #10
on the specific needs of the Coast Guard. That bill may be introduced before the end of this year, but most likely will surface early in 2001. Dyer Ellis & Joseph, P.C. is a Washington, DC-based law firm with a domestic and international practice involving transportation, shipping, finance, corporate
- Congressional Maritime Legislative Initiatives In 2000 Maritime Reporter, May 2000 #20
2000 promises to be one of intrigue and challenge for the maritime industry in the United States. The preceding was authored by Duncan C. Smith III, Dyer Ellis & Josep
- A Practical Discussion Regarding Compliance Maritime Reporter, Jun 15, 2000 #14
do so may expose the business to a civil contempt sanction or a criminal contempt conviction. The preceding was authored by Thomas M. DiBiagio, Dyer Ellis & Joseph, Washington, D.C
- U.S. Vessel Loan Guarantees: Myths And Realities Maritime Reporter, Aug 2000 #31
the resources to maintain a strong, vibrant, and fully funded Title XI program. The preceding was authored by Duncan C. Smith III and James S. W. Drewry, Dyer Ellis & Joseph.

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March 2000 - Maritime Reporter and Engineering News page: 15
and implemented based on applicable guidelines. The future will belong to those who plan for it. Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, Washington, D.C. (800) 913-0062 Foam Filled Marine Fenders Marine Guard The Ultimate Protector for Ships, Harbor Craft
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March 2000 - Maritime Reporter and Engineering News page: 14
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April 2000 - Maritime Reporter and Engineering News page: 16
a demonstrated transportation need, fed- eral grants under TEA-21 provide an attractive option. by Todd D. Snyder & Lara Bernstein Mathews, Dyer Ellis & Joseph INTRODUCING .com A REVOLUTIONARY NEW WAY TO BUY AND SELL MARINE PARTS, EQUIPMENT AND SERVICES. A marine industry breakthrough
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April 2000 - Maritime Reporter and Engineering News page: 6
Lines of Hollywood, Fla. to build a pair of 42,000- dwt, 1,000-passenger cruise ships, pending MarAd Title XI funding. Legal Beat columnists from Dyer Ellis & Joseph give MR/EN readers a Title XI update, including activity in the soaring ferry market, starting on page 14. INTERNATIONAL OPERATIONS
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May 2000 - Maritime Reporter and Engineering News page: 22
promises to be one of intrigue and challenge for the maritime industry in the United States. The preceding was authored by Duncan C. Smith III, Dyer Ellis & Joseph GUIDO PERLA & ASSOCIATES Naval Architects. Marine. Mechanical, and Electrical Engineers The Pacific Building 720 Third Avenue
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June 15, 2000 - Maritime Reporter and Engineering News page: 18
do so may expose the business to a civil contempt sanction or a criminal contempt conviction. The preceding was authored by Thomas M. DiBiagio, Dyer Ellis & Joseph, Washington, D.C. Spain Chosen As Partner Country of SMM 2000 The Instituto Espanol de Comercio Exterior, ICEX, (Spanish Export
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June 15, 2000 - Maritime Reporter and Engineering News page: 16
court and applied the act of produc- Legal Beat is a monthly feature in Maritime Reporter & Engineering News authored by the top legal minds of Dyer, Ellis & Joseph and covering the pressing legal matters faced by the international maritime community. Circle 18 on Reader Service Card
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July 2000 - Maritime Reporter and Engineering News page: 35
be expected to pay their fair share for disposal of their old ships in an "honorable manner." The preceding was authored by Joan M. Bondareff, Dyer Ellis & Joseph (Wash- ington, D.C.) Lunde To Leave Intertanko INTERTANKO announced that. Dagfinn Lunde, the Association's Man- aging Director who
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July 2000 - Maritime Reporter and Engineering News page: 2
Baltimore shipyard, an increase of public attention has been thrusted towards the inner workings of the ship scrap- ping business. — by Joan BondarefT, Dyer, Ellis & Joseph. 20 Ship Repair: Cascade General Gets Crystal Harmony Back In Sync Cascade General performed myriad of repairs to Crystal
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October 2000 - Maritime Reporter and Engineering News page: 42
for allowing the states greater access to information about their historic provenance. The preceding was authored by Joan M. Bondareff, of Dyer Ellis & Joseph, P.C. Bondareff was senior counsel to the House Committee on Merchant Marine and Fisheries at the time of passage of the Abandoned
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November 2000 - Maritime Reporter and Engineering News page: 16
transactions, will properly launch the maritime industry into the realm of e- commerce where it belongs. Natalia IV. Geren is an associate with Dyer Ellis c£ Joseph, P.C., a Washing- ton, DC.-based law firm with a domes- tic and international practice involving transportation, shipping, finance
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November 2000 - Maritime Reporter and Engineering News page: 14
E-Commerce The Future Of E-Commerce: Will The Maritime Industry Be Left Behind? By Natalia W. Geren, Dyer Ellis & Joseph Maritime business commerce has changed rapidly over the last decade. In order to stay competitive, companies are increasingly inventing more efficient ways to conduct
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December 2000 - Maritime Reporter and Engineering News page: 46
People & Company News Graykowski Ends Reign At MarAd, Joins Dyer Ellis U.S. Secretary of Transportation Rod- ney E. Slater made it known that acting Maritime Administrator, John Graykowski, resigned his position, effective November 4. President Clinton initially appointed Graykowski as
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February 2001 - Maritime Reporter and Engineering News page: 13
be confident that Title XI funds will be in the account when needed for the project, even if $35-40 million every year goes to small- er projects. Dyer Ellis & Joseph, P.C. is a Washington, DC-based law firm with a domestic and international practice involving transportation, shipping, finance, corporate
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March 2001 - Maritime Reporter and Engineering News page: 12
legislation setting their own ballast water standards. This issue has become very controversial and Congress may decide to take further action. Dyer Ellis <6 Joseph Washington, D.C. IF YOU'RE LOOKING FOR ONE SUPPLIER THAT OFFERS EVERY MARINE COATING, AND EVERY SERVICE, WHEN AND WHERE YOU
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April 2001 - Maritime Reporter and Engineering News page: 16
prove time consuming, an examination of the potential impact of the new regulations on a particular company should begin as soon as possible. Dyer Ellis & Joseph, P.C. is a Washing- ton, DC-based law firm with a domestic and international practice involving transportation, shipping, finance,
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April 2001 - Maritime Reporter and Engineering News page: 14
Legal Beat Proposed Regulations Regarding Source of Income From Activities In Intl. Waters By Edward M. Barberic, partner, Dyer Ellis & Joseph, P.C. The Internal Revenue Service (the "IRS") has issued proposed regulations under section 863 of the Internal Rev- enue Code of 1986, as amended
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November 2001 - Maritime Reporter and Engineering News page: 21
Ship Repair & Conversion CIT Takes Issue With Customs' Duty Calculation in Dry-Docking Case By Thomas Z. Cheplo, Dyer Ellis & Joseph The vessel repair statute (Section 466 of the Tariff Act of 1930, 19 U.S.C. § 1466) requires the payment of a 50 percent ad valorem duty on the cost of foreign
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December 2001 - Maritime Reporter and Engineering News page: 12
on the specific needs of the Coast Guard. That bill may be introduced before the end of this year, but most likely will surface early in 2001. Dyer Ellis & Joseph, P.C. is a Washing- ton, DC-based law firm with a domes- tic and international practice involving transportation, shipping, finance
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December 2001 - Maritime Reporter and Engineering News page: 2
Grumman completed its acqui- sition of Newport News Shipbuilding. 10 Safe & Sound? Port security will continue to tighten. By James S.W. Drewry, Dyer Ellis & Joseph 39 Rolling Along Bollinger capped a prodigious year with many new contract announcements in New Orleans. 44 NASSCO Lays Keel for
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February 2002 - Maritime Reporter and Engineering News page: 11
. Company personnel should be given enhanced training and advice on how to cope in this new envi- ronment. Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, P.C., a Wash- ington, D.C. -based law firm. Susan L. Watson is an associate with the firm. What Does It Take to be the Leader in
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February 2002 - Maritime Reporter and Engineering News page: 10
Legal Beat Development of Security Legislation and Regulation Affecting Passenger Vessels By Jonathan K. Waldron and Susan L. Watson, Dyer Ellis & Joseph, P.C. Following the attacks of September 11. the Congress and various federal agencies quickly realized that ves- sels and maritime
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February 2002 - Maritime Reporter and Engineering News page: 2
beefed up security regulations and legislation regarding passenger vessels in these uncer- tain times. — by Jonathan K. Waldron and Susan L. Watson; Dyer, Ellis and Joseph. 22 FerryCat — A Style All its Own The double-ended ferry has come of age in Norway via the innova- tive FerryCat design. Developed
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February 2003 - Maritime Reporter and Engineering News page: 21
be responsible for all aspects of Marketing, External Relations and Legal Affairs. Since 2000, John was a Partner with Blank Rome LLP (formerly Dyer Ellis & Joseph). Prior to joining the firm, Graykowski was Acting Administrator and Deputy Administrator of the Maritime Administration, U.S. Department