Chartworld has demanded a $1m bond back, plus damages, in court action alleging the US government went back on its deal to allow the Greek shipowner to post security to free an arrested reefer.
According to a complaint filed in Delaware federal court on Monday, the 627,986-cbf Nederland Reefer (built 1991) was detained on 20 February over alleged oily water discharges. The ship was held for the next 36 days, despite the two sides hashing out a security agreement on 8 March.
As part of that agreement, 13 crew members would be detained and kept in Delaware, the complaint said. But Customs and Border Patrol (CBP), the Coast Guard Investigative Service and Homeland Security Investigations allegedly held up processing the crew's parole, preventing the ship's release during a critical trading period for the reefer.
"The government engaged in a series of agency finger-pointing and blaming, but ultimately could not provide a substantive answer as to why local CBP could not provide temporary parole to the US visa holding crew members the government required to be detained," the complaint read.
"There has never been any other matter in which there was such an unreasonably long delay of the vessel."
Chartworld and shipowning affiliate Nederland Shipping Corp said the government entered into the security agreement despite having no reason to believe parole would be granted promptly, if at all.
Additionally, they claimed to have further suffered $277,000 in damages related to the alleged prolonged detention.
The duo are being represented by George Chalos of Chalos & Co.
The ship finally was allowed to sail again on 28 March.
The Department of Justice did not immediately return requests for comment, nor did the Coast Guard or Immigration and Customs Enforcement, of which Homeland Security Investigations is part.
CBP declined to comment.
In April, Chartworld, Nederland and chief engineer Vasileios Mazarakis, were charged with failing to keep accurate pollution control records, falsifying records, obstruction of justice and witness tampering. Lou Kollakis-led Chartworld has denied wrongdoing.
According to the indictment, the ship arrived in Delaware with a “false and misleading oil record book" discovered during a port state inspection.
A joint status report filed Wednesday said four of the 13 crew members have been released.
Attorneys for both sides said they were waiting on rulings related to depositions.
