When Your Casualty Goes Criminal
Sponsored By:
Troutman Sanders LLP

Welcome

Seminar Notes
• Restrooms
• Cell Phones
• Lunch location
• Schedule Adjustment
• Break procedures
• Seminar Materials

Why Worry?
By: David Sump
Troutman Sanders LLP

Incarceration

Standard of Conduct
• Criminal Intent
• Gross Negligence/Recklessness
• Negligence
• Strict Liability
• Process Crimes

Affects of Criminal Investigation
• Multiple Lawyers
• Multiple Witness Interviews
• Evidence Confusion and Disputes
• Fifth Amendment Issues

Positive Role for Criminal
Prosecution
• Rewards law-abiding firms and punishes
“corner-cutters”.
• Raises the value of competent, honest crew.
• Increases shipboard safety

Criminal Prosecution for
Improper Purpose
• Divide crew and vessel owner to gain leverage against owner.
• To hide investigatory information from civil attorneys
• To develop evidence to protect the Oil
Spill Liability Trust Fund
• Personal grudge against owner or crew

How Should An Owner Prepare
For a Criminal Investigation?

How Should An Owner Prepare
For the Criminal Investigation?
• What Should I Do First?
• Do I Need Legal Assistance?
• Am I Insured For This Expense?
• Do I Need Experts Right Away?

That’s A Criminal Offense?

That’s A Criminal Offense?
By: Jason Barlow
Troutman Sanders LLP

The Coast Guard’s Role

The Coast Guard’s Role
By LCDR Brian McNamara
USCG Investigations National Center of Expertise

Am I Insured For That?

Am I Insured For That?
By: Shawn Voyles, Esquire
SVP and Practice Leader
USI Marine and Logistics Insurance

The Necessity of
Technical Expertise
By: Pierce Power, Partner
Martin, Ottaway, van Hemmen & Dolan, Inc.

Managing The Criminal Threat
John Holloway, Moderator Troutman Sanders LLP
Andrew Garger, WQIS
LCDR Brian McNamara, USCG
John West, Troutman Sanders LLP