MaxEx Newsletter-July 10,2008

Coming Into U.S. Port With False Oil Record Book is a Crime

Winston & Strawn's Maritime and Admiralty Practice issues briefing on oil record book entries and the consequences of false entries made offshore – or anywhere else.

• The Ruling:

On June 30, 2008, the U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled that bringing an oil record book known to have false entries into a U.S. port constitutes a criminal offense under U.S. law without regard to where the false entries are made or where the associated oil discharges occur, and even if such false entries or discharges occur outside U.S. territorial waters. However, the Court declined to resolve the question of whether multiple port visits with the same false oil record book entries would be treated as separate violations for purposes of U.S. sentencing law, remanding the case to the district court for consideration of that issue. The ruling was issued in the case of U.S. v. Jho and Overseas Shipholding Group, Inc.

Read the Winston & Strawn Briefing, issued this month, by clicking HERE. Visit Winston and Strawn at http://www.winston.com.