UNITED STATES OF AMERICA v. OCEANIC ILLSABE LIMITED
US Court of Appeals for the Fourth Circuit, King, May 7, 2018,
Act to Prevent Pollution from Ships (APPS) – A shipping company can be criminally responsible for illegal dumping performed by its ships crew within the scope of their duty to further the business even without proof that the company knew exactly what was happening.

Facts:
A Greek ship failed to separate out oily sludge in order to keep their separation equipment in good repair for inspection at port. As a result, they regularly dumped illegal pollutants. During investigation, crew officers falsified records and instructed crew members to lie to Coast Guard investigators.
The shipping company as well as the crew officers were charged criminally and convicted.
The shipping company appealed, arguing that it shouldn’t be held liable because of the actions of its officers.

Held: There was evidence that the crew’s officers were employees of the company acting within the scope of their duties and acting criminally in the company’s interest.

Corporate Criminal Liability – A corporation is liable for the criminal acts of its employees and agents done within the scope of their employment with the intent to benefit the corporation