The US government wants to block whistleblower awards for the three seafarers who exposed illegal oil discharge from an MST Mineralien Schiffahrt Spedition und Transport ship, leading to a $3.2m fine.
In court papers, the government argued that Jaroslav Hornof, the third engineer aboard the 27,700-dwt Marguerita (built 2016) who documented the discharge, should have reported the crimes directly to the US Coast Guard, not to MST, and harmed his case by refusing to commit to serving as a witness at trial.
Meanwhile, government lawyers said fellow crew members Damir Kordic and Lukas Zak helped Hornof in the discharges, thus disqualifying them for compensation.
'Adverse message'
"Granting a full award to Mr Hornof would send an adverse message to the maritime industry and seafaring community that could undermine a principal way in which this crime is brought to justice," the government argued.
The Marguerita was taken into custody in Portland, Maine, in 2017 on charges it illegally dumped oily bilge waste into the high seas while making trips to the port.
MST was charged with falsifying records related to the discharge under the Act to Prevent Pollution from Ships.
Edward MacColl, the attorney for Hornof, Kordic and Zak, said the government only had a case because the three men risked their livelihoods to detail and report the wrongdoing. Further, Hornof always cooperated with the government.
Their reports, made first to MST, led to a Marpol audit in Brazil, then documentation provided to the US "that was (and is) the backbone of the government's case".
US detention
However, after the Marguerita was arrested, the men were held in the US and not allowed to return home.
Hornof, of the Czech Republic, and Zak, a Slovak, now have employment shoreside. Kordic, a Croatian, is disabled, unemployed and bankrupt, court papers claim.
“They are good, honourable, honest seafarers, who have fought to protect the oceans, but also for fair treatment of fellow seafarers, a group that deserves greater protection," court papers filed on the trio's behalf read.
Awards are capped at half the fine, meaning the three are eligible for a windfall of up to $1.6m.
In filings, MacColl cited past examples where seafarers who notified their employers first still received whistleblower awards, along with others who participated in discharges under orders but still notified their employer or authorities.
"The government had 'no case' without Mr Hornof," court papers read. "[Zak and Kordic] provided information for Mr Hornof's investigation and all subsequent investigations, knowing the truth might cost them their liberty, their MST jobs and their careers."
