Prem Kumar Added to EPA Fugitive List / Defendant failed to surrender after indictment in illegal vessel pollution case (HQ)
WASHINGTON – Prem Kumar, also known as Premakumaran
Krishnan, a citizen of India, has been added to the U.S.
Environmental Protection Agency’s (EPA) fugitive list for
failing to surrender to federal law enforcement authorities after
he was indicted for his role in an illegal ocean-going vessel
wastewater discharge case. Illegally discharging wastewater into
the ocean threatens aquatic life and can lead to fish kills,
contamination of fish and shellfish, and may have long-term
ecological effects.
“EPA is serious about enforcing the nation’s
environmental laws and making sure that those who are charged with
criminal violations are held accountable,” said Cynthia
Giles, assistant administrator for EPA’s Office of
Enforcement and Compliance Assurance. “The public can help
EPA by reporting any information they have on the whereabouts of
Mr. Kumar on EPA’s fugitive website or to local law
enforcement.”
Kumar and Fleet Management Ltd, a commercial ship management
company based in Hong Kong, were indicted by a federal grand jury
in Corpus Christi, Texas on April 29, 2010. Fleet Management was
charged with one count of failing to maintain an accurate oil
record book as required by the Act to Prevent Pollution from Ships
(APPS), one count of making false statements, and one count of
obstruction.
Kumar who worked as a marine superintendent for the company was
charged in a four-count indictment with obstruction, conspiracy and
making false statements. The conspiracy charge carries a maximum
sentence of five years in prison and a $250,000 fine. The
obstruction of justice charge carries a maximum sentence of 20
years in prison and a $250,000 fine. An indictment is an accusation
and a defendant is presumed innocent until proven guilty in a court
of law.
As the marine superintendent, Kumar was responsible for, among
other things, ensuring that ships managed by Fleet Management
operated in compliance with the APPS. His responsibilities included
working with and directing the engine room officers in the
management of oily waste water and other waste generated on board
the vessel. On October 6, 2009, the U.S. Coast Guard was conducting
a routine inspection of the M/V Lowlands Sumida, a cargo ship being
operated by Fleet Management, when a crew member provided
information that the vessel was illegally discharging oily
wastewater directly into the ocean by bypassing the oily water
separator, a required pollution control device. Oily wastewater can
only be legally discharged overboard if the wastes are first
processed through the separator, which ensures that the water
contains no more than 15 parts per million of oil.
A subsequent investigation by EPA, the U.S. Coast Guard, and the
Texas Commission on Environmental Quality found that the
vessel’s oil record book was knowingly falsified. Large
commercial ships, like the M/V Lowlands Sumida, are required to
maintain accurate oil record books to document that wastes are
being property treated.
On September 9, 2010, Fleet Management Limited pleaded guilty and
the company was sentenced in the Southern District of Texas to pay
$3 million in fines, four years probation
and ordered to establish an environmental compliance program. Under
the whistleblower provision of the APPS, the court awarded $200,000
to the crew member who brought the violations to the attention of
the federal government.
Launched December 2008, EPA’s fugitive list website contains
information about individuals who have failed to turn themselves in
after having been indicted and charged with or convicted of
violating environmental laws. The website contains a form that the
public can use to report information related to a fugitive’s
identity and/or current location.
To date, information from citizens or law enforcement
organizations have assisted in the arrest or capture of five
fugitives and the surrender of two others. Of the seven former
fugitives, five have been sentenced, one is awaiting sentencing,
and one was found not guilty. With the addition of Prem Kumar,
there are currently 17 fugitives on EPA’s fugitive
list.
Since fugitives may be armed and dangerous, the public should not
try to apprehend any of the individuals. Citizens may also report
the information to their local police or, if outside the United
States, to the nearest U.S. Embassy.
More information on EPA’s fugitive website: http://www.epa.gov/fugitives
More information about EPA’s criminal enforcement
program: http://www.epa.gov/compliance/criminal/index.html