Environmental Crimes—“Magic Pipe”

An Indian national working as the Chief Engineer on a container ship, the M/V MSC Elena, has been indicted on charges of conspiracy, obstruction, destruction of evidence, false statements, and violation of the Act to Prevent Pollution from Ships.^[1] Mani Singh was accused of using a “magic pipe” which discharged sludge and oil-contaminated waste overboard.^[2]

A US Coast Guard inspector discovered the device while doing an inspection of the vessel on May 16.^[3] Mr. Singh is charged with making false statements to the Coast Guard by denying knowledge about the “magic pipe,” with obstructing justice by directing subordinates to lie to the Coast Guard, with concealing evidence, and with concealing discharges in the official log of the vessel.^[4]

The MSC Elena makes regular voyages from ports in Europe across the Atlantic to ports in the United States, including Boston, where this action originates.^[5]

Conspiracy
We have previously discussed conspiracy here.

Obstruction
18 U.S.C. § 1505 makes it a crime for a person to corruptly obstruct or impede the “due and proper administration of the law” in any investigation by a department or agency of the United States.

The punishment for a violation of section 1505 is a fine, imprisonment for up to 5 years, or both.

Destruction of Evidence
Under 18 U.S.C. § 1519, it is a crime for a person to alter, destroy, conceal, or falsify an entry in any record with the intent to obstruct the investigation of any matter within the jurisdiction of any department or agency of the United States.

A violation of this section can be punished by a fine, imprisonment for up to 20 years, or both.

False Statements
Under 18 U.S.C. § 1001(a)(2), it is a crime for a person to make a materially false statement in any matter within the jurisdiction of the executive branch.

Violating section 1001(a)(2) can be punished by a fine, imprisonment for not more than 5 years or both.^[6]

Act to Prevent Pollution from Ships
33 U.S.C. § 1908(a) states that anyone who knowingly violates the Act to Prevent Pollution from Ships, or the regulations issued under the Act, is guilty of a class D felony. The Act sets up parameters about what wastes may be discharged where.

A class D felony has a maximum jail sentence of 6 six years.^[7]

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[1] US Attorney’s Office, Press Release: Chief Engineer Of Ship Indicted For Covering Up Pollution, Oct. 7, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] 18 U.S.C. § 1001(a).
[7] Id. § 3581(b)(4).