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involved with vessel operations. Early Prosecutions. During its first century and half, there were roughly eight major prosecutions, spanning 1848 through 1990. The most notable of these prosecutions involved the General Slocum disaster in 1904, where more than 1,000 people died when the vessel caught fire on the East River in New York. The investigation revealed that: the captain did not conduct fire drills or provide emergency training to crewmembers; the fire hoses were rotten and ruptured under the pressure; and the lifejackets were rot- ten and contained disintegrated cork, which resulted in many passengers drowning. Captain Van Shaick, executives of Knickerbocker Steamboat Co., and the inspector who had recently certified the vessel as fit for service were all indicted. Van Shaick was convicted of manslaughter and was sentenced to ten years hard labor, though he only served three years before being pardoned by President Taft. Knickerbocker escaped with only a nominal fine, despite the fact that the trial revealed the company had falsified records to cover up its lack of attention to passenger safety. Recent Prosecutions. Unlike the pauci- ty of prosecutions at the outset, during the last seven years, there were six major prosecutions under the Seaman's Manslaughter Statute, as well as the recent indictment of a charterboat fishing boat captain relating to the deaths of three passengers. The first of the recent prosecutions, U.S. v. Lee Peng Fei, involved a human smuggling scheme. Fei, the mastermind, endeavored to smuggle 298 Chinese aliens aboard the Golden Venture into New York in 1993. When his plan to send small vessels to disembark the passengers fell through, he ordered the ship to ground in New York, which resulted in ten people drowning while trying to swim ashore. After a worldwide manhunt and a subse- quent extradition battle, Fei pled guilty to the deaths of six persons, among other charges. Fei was sentenced to 20 years in prison. In U.S. v. Mitlof, a water taxi cap- sized, killing a passenger in 1998. The owner had allowed the vessel to operate with numerous mechanical and structural deficiencies. The vessel's owner and cap- tain were convicted of conspiracy, manslaughter, and wire fraud, the latter count because the owner advertised the vessel as being Coast Guard inspected, knowing it was not. U.S. v. O'Keefe involved a cocaine- impaired tugboat pilot who caused an accident resulting in the sinking of the vessel and the death of his ex-wife in 2001. The pilot was convicted of manslaughter, sentenced to one year in prison, and ordered to pay $640,000 in restitution. He appealed the conviction, arguing that gross negligence rather than simple negligence was required to trigger criminal liability. The Fifth Circuit Court of Appeals confirmed that simple negli- gence was all that was required to sustain a conviction. LEGAL BEAT To Make a Reservation, call 1-877-SEA-9494 11 North Square, Boston, MA 0 2113 Voice (617) 227-3979 Fax (617) 227-4005 inn@marinershouse.org www.marinershouse.org Starting at $ 50 per night including breakfast. Lunch and dinner offered daily. Guests must be active seafarers with proof of service. Affordable Luxury When You’re Anchored in Boston The antiquity and charm of the original Mariners House has been updated to include all the modern amenities, featuring completely renovated private rooms, private baths, elegant common rooms and all the in-room necessities of modern life. We now offer a variety of conference packages. Please call for details. 150 Years of Hospitality and Guidance to Professional Mariners MARINERS HOUSE Circle 226 on Reader Service Card Circle 235 on Reader Service Card March, 2006 • MarineNews 15 3HP & 5HP Variable-Volume, 3000 PSI pressure compensated Hydraulic Power Units Gives you total control of winches, hoists, steering mechanisms all heavy duty hydraulic equipment! BUY DIRECT! SAVE! 3HPonly $ 775 STOCK No. VPU 360-VI Adjustable from 0-6 GPM, 230/460 volts, 60 hertz, 3-phase. Wt. 100 lbs. Optional electric motor below single phase motor, add $75. 5HPonly $ 850 STOCK No. VPU 560-VI Adjustable from 0-6 GPM, 230/460 volts, 60 hertz, 3-phase. Wt. 115 lbs. These Power Units have no match at these money-saving prices! 311 N. MORGAN ST. DEPT. 6910 CHICAGO, IL 60607-1381 ROBERTS ELECTRIC CO. Full purchase price BACK less trans- portation cost if unsuitable in ANY way! 1-YEAR GUARANTEE! Order Direct! Call (312) 829-1365 or Fax (312) 829-9679 or order on secured website www.hydraulicbargains.com MARCH MN2006 2(9-16).qxd 3/3/2006 2:28 PM Page 15
