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