USCG FOIA Appeal #1
21 March 2021
Maritime Legal Aid & Advocacy, Ltd.
maritimelegalaid.com
Commandant (CG-6P)
Attn: FOIA APPEALS
2703 Martin Luther King Jr. Ave.
S.E. STOP 7710
Washington DC, 20593-7710
Re: Freedom of Information Act Appeal
Dear FOIA Coordinator:
This letter constitutes an appeal under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, and is submitted to the United States Coast Guard ("USCG") by Maritime Legal Aid & Advocacy, Ltd. (“MLAA”). MLAA is appealing the determinations of Barbara Whitelaw, Chief of Office of Information Management at USCG Headquarters, described in Whitelaw’s FOIA Interim Response letter dated December 22, 2020.
Background
Maritime Legal Aid & Advocacy, Ltd. (MLAA) is a non-profit legal advocacy organization working to end shipboard sexual misconduct in the U.S. maritime industry. We believe the problem we are trying to solve is a very significant problem that affects far too many of the more than 215,000 USCG credentialed mariners who work in this vital industry. In furtherance of our mission, MLAA seeks documents from the USCG regarding the USCG’s enforcement (or non-enforcement) of 46 USC § 10104, also known as the “Federal Shipboard Sexual Assault Allegation Reporting Law,” and documents relating to investigations of sexual misconduct committed by USCG credentialed mariners.
Over the past 30 years the USCG has released very little public information regarding its enforcement of laws and regulations against sexual misconduct by USCG credentialed mariners. Through the FOIA process, MLAA seeks to pierce the veil of administrative secrecy that surrounds this important issue, open USCG action to the light of public scrutiny, and make the maritime workplace safer for hundreds of thousands of Americans.
Procedural History
On July 29, 2020, in an amended FOIA request, MLAA requested the following records from the USCG:
All reports of sexual offenses received by the USCG pursuant to 46 U.S. Code § 10104 since the law was added to the Code of Federal Regulations in 1989, with any personally identifiable information about the victim or the accused omitted from the report, only if required by law.
All Documents related to an investigation or punishment of any person or corporation for a failure to notify the USCG of a complaint of a sexual offense prohibited under chapter 109A of title 18, United States Code, pursuant to 46 U.S. Code § 10104 since the law was added to the Code of Federal Regulations in 1989. “All documents” includes, but is not limited to, reports, correspondence, agreements, minutes, memoranda, e-mails, databases, and notes. This request includes all documents that have ever been within USCG’s custody or control, whether they exist in “working,” investigative, retired, electronic mail, or other files currently or at any other time.
All Documents related to any investigation of sexual misconduct of any kind initiated against any USCG credentialed mariner, including investigation reports and related documents, by the USCG or the CGIS since 46 U.S. Code § 10104 was added to the Code of Federal Regulations in 1989, with any personally identifiable information about the victim or the accused omitted from the report, only if required by law. “All documents” includes, but is not limited to, reports, correspondence, agreements, minutes, memoranda, e-mails, databases, and notes. This request includes all documents that have ever been within USCG’s custody or control, whether they exist in “working,” investigative, retired, electronic mail, or other files currently or at any other time.
MLAA’s request was assigned the following FOIA I.D. number: 2020-CGFO-01886.
In MLAA’s FOIA request we sought Expedited Processing and waiver of all fees.
MLAA was subsequently notified by the USCG that our application for Expedited Processing had been approved and that all fees related to our FOIA request had also been waived.
On December 22, 2020, nearly 6 months after filing our amended FOIA request, MLAA received an interim response from the USCG in a letter signed by Barbara Whitelaw, Chief of the Office of Information Management at USCG Headquarters. Whitelaw’s Interim Response Letter is one of two separate Interim Response Letters MLAA has so far received in response to our FOIA request.
Whitelaw’s letter pertains to documents in the possession of:
1) The Coast Guard Criminal Investigative Service (CGIS), and
2) The USCG Administrative Law Judge Program
A second Interim Response Letter received by MLAA on January 8, 2021 pertains to documents in the possession or control of the USCG Office of Investigations & Casualty Analysis (CG-INV), and was signed by Captain Jason Neubauer, USCG.
This appeal pertains only to the determinations made by Barbara Whitelaw regarding CGIS and ALJ documents. MLAA will file a second FOIA appeal in response to Captain Neubauer’s Interim Response Letter.
In FOIA Update Vol. XVI, No. 3 (1995) issued by the Department of Justice’s Office of Information Policy (OIP) (“Determining the Scope of A FOIA Request”), the OIP wrote:
First, there is the basic fact that in most situations the FOIA requester will be unfamiliar with the exact nature of the agency's recordkeeping system, its filing practices, and the manner in which its files and records are compiled. FOIA requesters often are entirely "in the dark" about the structure and arrangement of the files and records that an agency will be searching through in order to locate the particular records that are responsive to their FOIA requests.”
When MLAA requested documents from the USCG regarding its enforcement of laws against shipboard sexual misconduct, we were, as the OIP stated in Update Vol. XVI, No. 3, entirely “in the dark” about the structure and arrangement of the USCG’s filing and records systems. After receiving two Interim Response Letters and several hundred pages of documents from three different USCG offices in response to our FOIA request, we find ourselves still largely in the dark on important questions regarding the USCG’s recordkeeping systems, especially the recordkeeping system of the USCG ALJ Program.
The USCG ALJ Program Response:
According to Barbara Whitelaw, the search of the USCG ALJ database was conducted or supervised by Mr. John C. Johns, Managing Attorney Advisor, Chief Administrative Law Judge. According to Whitelaw, Johns’ search of the ALJ Program’s files returned only 8 releasable documents responsive to our very broad request. These 8 documents, totaling 108 released or partially released pages, are all opinions or orders issued by USCG Administrative Law Judges. The USCG referred to these 8 documents as “case files,” but they are not “case files,” they are each only part of one case file. Strikingly, the most recent ALJ opinion released to MLAA dates from 1998—more than 20 years ago.
According to the USCG ALJ Program’s own data, USCG ALJs preside over 600-900 Suspension and Revocation cases annually. According to the USCG, all filings in each of those cases are required to be filed with the ALJ Docketing Center, which is located in Baltimore, Maryland. Managing Attorney-Advisor John C. Johns works at the Docketing Center, and Lauren Meus is the Hearing Docket Clerk.
According to 33 CFR § 20.401, any Suspension and Revocation proceeding commences when the Coast Guard files a complaint with the Hearing Docket Clerk and serves a copy of the complaint on the respondent.
According to the USCG, the ALJ Docketing Center dockets “all filings in an administrative proceeding for each case....maintains the file room and develops and maintains a system for file storage and retrieval.” Docketing Center staff also “provides help to parties in filing documents, maintains a system for tracking and monitoring the status of outgoing and archived files, and answers public inquiries on case status.”
According to the USCG, the Administrative Procedure Act (APA) also “requires that all ALJ decisions be indexed and available for inspection and copying” at the ALJ Docketing Center.
According to the USCG, “The [docketing] center staff prepare a general index of all cases and a specialized index of contested cases that summarize and review such cases for legal issues. The public can search cases by name, topic and by keyword. The center maintains the paper version of these decisions and publishes electronic versions of them on the web in conformance with the Electronic FOIA. The center also maintains the case files in accordance with National Archives and Records Administration requirements.”
It should be noted that MLAA has been unable to locate an active searchable online index of S&R cases maintained by the USCG ALJ Program.
According to the USCG, “The rules of practice and procedure, describing how to file documents in Suspension and Revocation proceedings, can be found at 33 C.F.R. Part 20, Subpart C...Once a document is filed, it becomes part of the official record, which can be viewed by the public (33 C.F.R. § 20.903). All sensitive personally identifiable information, classified, and other privileged information will be redacted prior to public release.”
MLAA is seeking from the USCG ALJ Program “all documents related to any investigation of sexual misconduct of any kind initiated against any USCG credentialed mariner, including investigation reports and related documents, by the USCG or the CGIS since 46 U.S. Code § 10104 was added to the Code of Federal Regulations in 1989.”
Through records released to MLAA by the USCG Office of Investigations & Casualty Analysis (CG-INV) via the FOIA, we have learned there are numerous filings related to charges of sexual misconduct by USCG credentialed mariners that have been docketed with the ALJ Docketing Center since 1998—which is the date of the most recent case file released to MLAA by the USCG ALJ Program—and yet we did not receive any documents relating to these S&R cases from Barbara Whitelaw or USCG ALJ Managing Attorney-Advisor John C. Johns.
For example, CG-INV released documents to MLAA relating to “USCG vs. [Redacted], Activity # 3113755, Docket 2007-0075.” This case concerns the Chief Mate aboard the M/V Sealand Achiever who was accused by the USCG via the S&R process of at least 13 counts of shipboard sexual misconduct, including forcefully raping, sexualy assaulting, and sodomizing the ship’s 2nd Mate, directing lewd and lascivious remarks at deck and engine cadets, using the ship’s master key to enter the room of the engine cadet while she was sleeping to solicit and engage in sexual acts, and creating a hostile work environment for numerous crewmembers.
This case dates from 2007, and yet we did not receive any mention of this case or any of its case files from the USCG ALJ Program in the documents released to MLAA along with Whitelaw’s Interim Response Letter dated December 22, 2020.
In another example, we have independently located the final order and opinion in “USCG vs. Michael James Neil, Docket Number: CG S&R 05-0373, CG Case No. 2307534,” which was issued by USCG ALJ Judge Walter J. Brudzinski and dated August 18, 2005. This case deals with a mariner who was convicted of “Cruelty to a Juvenile, Molestation of a Juvenile, and Aggravated Incest.” The result of the case was Neil having his merchant mariner’s license revoked by Judge Brudzinski. However, the USCG ALJ Program did not provide this opinion to MLAA in their response to our FOIA request, nor did they provide any of the filings made to the ALJ Docketing Center concerning this case.
Appeal #1:
With respect to documents within the possession of the USCG ALJ Program that are responsive to our FOIA request, MLAA appeals the decision of Barbara Whitelaw on the grounds that records or parts of records responsive to our request have been withheld by the USCG ALJ Program.
MLAA appeals the USCG's failure to provide documents responsive to our FOIA request held by the USCG ALJ Program, including not only all final orders and opinions in S&R cases involving sexual misconduct by credentialed mariners since 1989, but also failure to provide MLAA with all documents, filings, exhibits, evidence, and other documents connected to each sexual misconduct case.
33 CFR § 20.903 “Records of proceedings,” states:
(a) The transcript of testimony at the hearing, all exhibits received into evidence, any items marked as exhibits and not received into evidence, all motions, all applications, all requests, and all rulings constitute the official record of a proceeding. This record also includes any motions or other matters regarding the disqualification of the ALJ.
(b) Any person may examine the record of a proceeding at the U. S. Coast Guard Administrative Law Judge Docketing Center; Room 412; 40 S. Gay Street; Baltimore, MD 21201–4022. Any person may obtain a copy of part or all of the record after payment of reasonable costs for duplicating it in accordance with 49 CFR part 7.
Accordingly, the entire record of each case should be within the possession of the ALJ Docketing Center as required by law, and this complete case record in all sexual misconduct S&R cases initiated since 1989 should be provided to MLAA pursuant to the FOIA.
Appeal #2:
MLAA appeals the decision of Barbara Whitelaw to withhold all “Settlement Agreements” between the USCG and credentialed mariners in S&R cases involving sexual misconduct on the grounds that records or parts of records responsive to our request have been withheld by the USCG.
What has become clear through the reading of the documents obtained from the CG-INV is that many, perhaps most, S&R cases involving sexual misconduct by credentialed mariners are eventually resolved through Settlement Agreements between the USCG and the mariner. It appears to be the policy of the USCG to attempt to settle all sexual misconduct cases without a hearing, and it is the explicit policy of the USCG to forge Settlement Agreements in all S&R cases where the USCG is not seeking the revocation of a mariner’s credentials. Based on documents obtained from the CG-INV, mariners who sign Settlement Agreements in sexual misconduct S&R cases often receive penalties that seem extraordinarily lenient.
For example, on April 18, 2016 a USCG ALJ issued a consent order for a settlement agreement with a mariner who had recently been convicted in Virginia of criminal sexual battery (USCG vs. [Redacted], Activity #5723166 Docket # 2016-0122). According to documents from the “Marine Information for Safety and Law Enforcement” (MISLE) database (a database system managed and used by the USCG) provided to MLAA by the CG-INV, the mariner who had been recently convicted of a sex crime was given a Settlement Agreement that only resulted in a one month suspension of his USCG-issued license when, by law, the conviction should have resulted in the loss of his credentials and also warranted a 1-5 year assessment period following the conviction. What’s truly disturbing about this Settlement Agreement is that the mariner held a USCG-issued master’s license and is the Captain of his vessel.
In “USCG vs. [Redacted], Activity # 3113755, Docket 2007-0075,” the case concerning the Maersk Chief Mate aboard the M/V Sealand Achiever who was accused by the USCG via the S&R process of at least 13 counts of shipboard sexual misconduct, the mariner received a Settlement Agreement, with a consent order from an ALJ judge approving the settlement agreement received by CG-INV on May 16, 2007. We do not know what is contained in that Settlement Agreement, but it is crucial that the public learns whether or not a known sexual predator is being allowed to continue working aboard ships under the authority of his USCG license and credentials.
MLAA seeks, as part of its broad FOIA request, all Settlement Agreements and all related filings and documents in all S&R cases involving sexual misconduct by credentialed mariners since 1989. It is vital that the maritime community and the broader public learn how the USCG is using Settlement Agreements in cases involving sexual misconduct by credentialed mariners.
Appeal #3
Settlement Agreements used in the S&R process are approved through consent orders issued by federal judges and represent “final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases,” and therefore the FOIA requires that these Settlement Agreements be proactively released to the public by the USCG on an ongoing basis. MLAA appeals the withholding of Settlement Agreements on the basis that records or parts of records responsive to our request have been withheld by the USCG, and on the basis that the FOIA requires these documents to be made available to the public on an ongoing basis.
Under FOIA's “reactive” mechanism found in § 552(a)(3) & § 552(a)(2), the FOIA identifies certain categories of records that an agency must make available to the public on an ongoing basis, with no FOIA request necessary. This affirmative obligation applies to:
(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register;
(C) administrative staff manuals and instructions to staff that affect a member of the public;
(D) copies of all records, regardless of form or format—
(i) that have been released to any person under paragraph (3) [ § 552(a)(3) ]; and
(ii)(I) that because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; or
(II) that have been requested 3 or more times; and
(E) a general index of the records referred to under subparagraph (D)[.]
Appeal #4:
MLAA seeks the names of all parties to the Settlement Agreements, and seeks the names of mariners accused of sexual misconduct in all documents that have been released by the USCG and in all documents that will be released. We appeal the redaction of the names of the accused on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
MLAA finds no basis in law for the withholding of the names of credentialed mariners who have admitted to misconduct by signing Settlement Agreements, or for withholding the names of credentialed mariners who have been charged with sexual misconduct by the USCG.
Appeal #5:
MLAA appeals the decision of Barbara Whitelaw to withhold all documents generated in the negotiation of “Settlement Agreements” between the USCG and credentialed mariners in S&R cases involving sexual misconduct on the grounds that records or parts of records responsive to our request have been withheld by the USCG.
The sexual misconduct Settlement Agreement documents sought by MLAA under our broad FOIA request include emails and other documents exchanged between USCG personnel and credentialed mariners accused of sexual misconduct, and between USCG personnel and the mariner’s attorney or attorneys.
Federal courts have consistently rejected the position that information exchanged between adversaries during settlement negotiations are entitled to distinct protection under FOIA. In County of Madison v. Department of Justice, 641 F. 2d 1036, 1040-41 (1st Cir. 1981), it was held that settlement proposals submitted to an agency by "past and potential adversaries" must be disclosed for lack of satisfying the "inter-agency or intra-agency" threshold requirement of Exemption 5, 5 U.S.C. § 552(b)(5). See also Norwood v. FAA, 580 F. Supp. 994, 1002-03 (W.D. Tenn. 1984). In other cases, district court judges have refused to accord settlement documents protection under FOIA Exemption 5 because of their conclusion that there exists no distinct "settlement negotiations" privilege.
In Center for Auto Safety v. Department of Justice, 576 F. Supp. 739, 749 (D.D.C. 1983), it was found that such a privilege had not been established by the courts in the civil discovery context, nor could one be implied directly from the special federal rule of evidence (Rule 408) prohibiting the admissibility at trial of settlement negotiation details. This conclusion was followed in NAACP Legal Defense & Educational Fund v. Department of Justice, 612 F. Supp. 1143, 1146 (D.D.C. 1985).
Appeal #6:
MLAA appeals Barbara Whitelaw’s decision to withhold the release of 208 of the 395 pages of documents determined responsive to our FOIA request on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
In her Interim Response Letter Whitelaw states that she has completely withheld 208 of 395 pages responsive to our FOIA request pursuant to FOIA exemptions found in 5 USC §552(b)(6) and (b)(7)(C).
The documents that were withheld under 5 USC §552(b)(7)(C) must be disclosed under the FOIA because they are required to be made available to the public and are not expected to constitute an unwarranted invasion of personal privacy.
5 USC §552 (b)(7)(C) states that the agency is required to make available to the public information that is “records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information...could reasonably be expected to constitute an unwarranted invasion of personal privacy.”
Given that any personally identifiable information about the victim or 3rd parties can be redacted from the documents pursuant to Exemption 6, all documents should be released as they would not invade the personal privacy of any of the relevant individuals or reveal their identities.
Appeal #7:
MLAA appeals the USCG’s redaction of information on produced documents on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
With respect to 183 pages of documents fully or partially released pursuant to our FOIA request, MLAA believes the FOIA requires the USCG to release withheld and redacted information, notwithstanding the USCG’s claims that the redacted information is exempt.
According to FOIA Exemption 7(C), certain records or information may be determined to constitute an unwarranted invasion of personal privacy if the agency believes the privacy interest of identifies of individuals outweighs minimal public interest in disclosing the information. MLAA argues that this is not the case here. MLAA believes the public interest in the release of this redacted information outweighs the public interest in withholding it, because the information redacted from the documents (for example: the names of the accused) have the potential to show misconduct and inappropriate behavior by individuals in charge of documented vessels and by other USCG credentialed mariners.
As shown in various previous court cases, some public interest factors should be properly taken into consideration and given great weight in this case. Courts have found the public interest in disclosure to be strong when the requested information shows misconduct. See, e.g., Congressional News Syndicate v. Department of Justice, 438 F. Supp, 538, 544 (D.D.C. 1997) (misconduct by White House staffers).
Here there is a strong public interest to release exempted information from the documents because by sharing the information about previous cases of sexual abuse and providing proof that serious abuses did in fact occur, there is the hope that such abuses will not occur in the future. One court has shared a similar sentiment that there is an “obvious public interest” in full disclosure of such documents to share information about past abuse to prevent future abuse.” Tax Reform Research Group v. IRS, 419 F. Supp. 415, 418 (D.D.C. 1976).
Appeal #8:
MLAA appeals the USCG’s failure to search the records of the United States Coast Guard Hearing Office or the office of the United States Coast Guard Judge Advocate General for information responsive to our FOIA request on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
According to the USCG, “the mission of the Hearing Office is to adjudicate civil penalty cases. The civil penalty process is remedial in nature. Its goals are to gain compliance with statutes and regulations that the Coast Guard enforces and to deter future violations. A fair and informal administrative process promotes maritime safety, security and environmental protection.”
The Hearing Office claims statutory authority to carry out its mission is found in Title 46 Sec. 2103 and Title 46 Sec. 2107.
Title 46 Sec. 2103, “Superintendence of the merchant marine,” states:
The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government. In the interests of marine safety and seamen's welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle.
Title 46 Sec. 2107, “Civil penalty procedures,” states:
(a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or a regulation prescribed under this subtitle for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle until the assessment is referred to the Attorney General. (c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
Because of the broad role in policing the maritime community claimed by the USCG JAG and Hearing Office, MLAA believes that a search for documents responsive to our request should be conducted by the USCG Hearing Office and the USCG JAG.
Appeal #9:
MLAA appeals the USCG’s redaction of the names of Federal Administrative Law Judges from documents responsive to our FOIA request on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
MLAA finds no basis in law for the redaction of the names of federal judges.
Appeal #10:
In her Interim Response Letter Whitelaw provided the text of USC §552(b)(7)(A), yet Whitelaw does not state how many records responsive to our request were withheld pursuant to FOIA exemption 7A. MLAA appeals Whitelaw’s failure to state how many records were withheld pursuant to §552(b)(7)(A) on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
The U.S. Coast Guard Investigative Service Response:
According to Barbara Whitelaw, the search of the files of the USCG Investigative Service returned only 4 releasable investigation files responsive to our very broad request, with the oldest case file dating from 2016.
Appeal #10:
MLAA appeals the decision of Barbara Whitelaw and the USCG Investigative Service to withhold decades’ worth of documents responsive to our FOIA request on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
MLAA finds it difficult to believe that the CGIS did not investigate any allegations of sexual misconduct by a USCG credentialed mariner between 1989 and 2016.
Appeal #11:
MLAA appeals the decision of Barbara Whitelaw to withhold documents generated in the investigation of the credentialed mariner accused of shipboard sexual misconduct in “USCG vs. [Redacted], CSE-2018-11-000096” on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG.
The public has a right to know the name of the mariner accused of sexual misconduct in this case—a person who signed a Settlement Agreement with the USCG over the allegations.
In our FOIA request, MLAA requested the following:
All Documents related to any investigation of sexual misconduct of any kind initiated against any USCG credentialed mariner, including investigation reports and related documents, by the USCG or the CGIS since 46 U.S. Code § 10104 was added to the Code of Federal Regulations in 1989, with any personally identifiable information about the victim or the accused omitted from the report, only if required by law. “All documents” includes, but is not limited to, reports, correspondence, agreements, minutes, memoranda, e-mails, databases, and notes. This request includes all documents that have ever been within USCG’s custody or control, whether they exist in “working,” investigative, retired, electronic mail, or other files currently or at any other time.
With respect to CGIS case “CSE-2018-11-000096,” MLAA seeks “All documents including but not limited to, reports, correspondence, agreements, minutes, memoranda, e-mails, databases, and notes that have ever been within USCG’s custody or control, whether they exist in “working,” investigative, retired, electronic mail, or other files currently or at any other time.
MLAA knows from experience that the USCG is capable of searching its vast email database for emails on specific cases and specific names, and MLAA seeks all emails exchanged by USCG and CGIS personnel with others within the agency and outside of the agency regarding CSE-2018-11-000096.
CSE-2018-11-000096 is a case with particular importance to MLAA because documents obtained from the CG-INV show that the master of the vessel broke the Federal Sexual Assault Allegation Reporting Law by not reporting an allegation of shipboard sexual assault to the USCG as required by 46 USC 10104.
Documents obtained from the CG-INV also show that the master of the vessel or his employer (Maersk Line, Limited—a subsidiary of the largest shipping company in the world) were not punished for their violation of the Federal Sexual Assault Allegation Reporting Law. The documents also show that the perpetrator of these shipboard sex crimes was given a Settlement Agreement that resulted in no suspension or revocation of his USCG merchant mariner credentials.
The documents from CSE-2018-11-000096 show the CGIS communicating with lawyers from Maersk, with the Department of Transportation’s Office of Inspector General, with the U.S. Merchant Marine Academy, and others. There was no doubt significant communication between the CGIS and the CG-INV over how to proceed with this case, and MLAA seeks all electronic communications exchanged over this very important case.
Conclusion
Thank you for your prompt response to this appeal. I anticipate that you will produce responsive documents within 20 working days. For questions regarding this request I can be contacted via email at maritimelegalaid@gmail.com.
Respectfully Submitted,
J. Ryan Melogy
MLAA, Chief Legal Officer