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When Your Casualty Goes Criminal Sponsored By: Troutman Sanders LLP.

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Presentation on theme: "When Your Casualty Goes Criminal Sponsored By: Troutman Sanders LLP."— Presentation transcript:

1 When Your Casualty Goes Criminal Sponsored By: Troutman Sanders LLP

2 Welcome

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

4 Why Worry? By: David Sump Troutman Sanders LLP

5 Incarceration

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

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

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

9 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

10 How Should An Owner Prepare For a Criminal Investigation?

11 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?

12 That’s A Criminal Offense?

13 By: Jason Barlow Troutman Sanders LLP

14 The Coast Guard’s Role

15 By LCDR Brian McNamara USCG Investigations National Center of Expertise

16 Am I Insured For That?

17 By: Shawn Voyles, Esquire SVP and Practice Leader USI Marine and Logistics Insurance

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

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


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