FOR IMMEDIATE RELEASE                                         ENR
THURSDAY, APRIL 25, 1996                           (202) 514-2008
                                               TDD (202) 514-1888

                                                  GUILLERMO GIL
                                                  U.S. Attorney
                                                 (809) 766-5656

              TOP MANAGER AND CORPORATIONS CONVICTED
                IN PUERTO RICO OIL SPILL DISASTER

     WASHINGTON, D.C. -- After seven days of trial, a federal
jury in San Juan, Puerto Rico returned felony convictions against
a top manager and three corporations for their role in a January
1994 oil spill that left more than 750,000 gallons of oil in the
waters off Puerto Rico's beautiful and popular Escambron Beach. 
At the time of the spill, Escambron Beach was famous for its
pristine beaches and was an important source of tourist revenue.  

     In the trial conducted before U.S. District Judge Hector M.
Laffitte, prosecutors charged that the companies had sent out an
unseaworthy vessel, had negligently discharged oil, and had
failed to notify the Coast Guard that a hazardous condition
existed on the vessel.  The government also charged an individual
company official with sending out an unseaworthy vessel and
failing to notify the Coast Guard.  The jury returned guilty
verdicts on all charges.
     
     Convicted were Pedro Rivera, General Manager of Bunker Group
Puerto Rico, his employer, and Bunker Group Incorporated and New
England Marine Services.  The corporations operated the vessels
or employed the crews involved.

     The Puerto Rico oil spill occurred during the night of
January 7, 1994, after a faulty towing cable broke while the
Emily S tugboat was towing the Morris J. Berman tank barge from
San Juan, Puerto Rico to the island of Antigua.  The barge was
loaded with nearly 35,000 barrels of Number 6 fuel oil.  (A
barrel contains about 42 gallons.)  

     According to evidence introduced at trial, the Emily S'
towing cable had broken previously that same night.  At the
direction of the Captain, Roy A. McMichael, Jr., the tugboat crew
fashioned a makeshift repair even though they had the supplies
aboard to make 

a complete repair.  With one exception, the crew of the Emily S
went to sleep and the 
towing cable snapped once again.  The barge ran aground near
Escambron Beach spewing about 750,000 gallons of oil into coastal
waters.  McMichael, who testified during the trial, pleaded
guilty to violating the Clean Water Act in November 1994 on
charges that he negligently caused the oil spill.  The First
Mate, Victor Martinez, who was supposed to be on watch, also
pleaded guilty to violating the Clean Water Act.  

     The government charged defendant Pedro Rivera with knowing
of the repair to the faulty cable but failing to notify the Coast
Guard as required.  The jury convicted the defendants of
violating the 1972 Ports and Waterways Safety Act, the Oil
Pollution Act of 1990, and of sending an unseaworthy vessel to
sea. 

     "The oil spill was a terrible disaster for Puerto Rico which
could have been prevented.  The jury has vindicated the interests
of the Island.  This case shows our continuing commitment to
preserving the environment in Puerto Rico,"  said U.S. Attorney
Guillermo Gil.  "The jury's verdict constitutes a message to
companies operating in Puerto Rico that crimes against the
environment will not be tolerated,"  added Mr. Gil.

     "An accident waiting to happen is no accident.  Vessel
operators must not put the environment at risk," said Lois J.
Schiffer, Assistant Attorney General in charge of the Justice
Department's Environment and Natural Resources Division.

     The maximum sentence for Rivera is five years in prison. 
The corporations, which are related to the Frank family of
corporations in New York, are subject to a maximum criminal fine
of $1.2 million or twice the gross pecuniary loss, a fine that
could run higher than $100 million.  Damage and response costs
relating to the oil spill have exceeded $81 million.  The Frank
family of corporation involves a web of more than 50 corporate
entities, which includes the three corporations convicted today. 
On April 6, 1994, Judge Laffitte issued an order placing the
assets of the Frank family companies under Court supervision.  

     Mr. Gil and Ms. Schiffer commended Coast Guard
Investigations, EPA Criminal Investigative Division and the FBI
for their outstanding work in jointly investigating the case. 
The trial was prosecuted by Charles A. DeMonaco and Michael J.
Woods of the Justice Department's Environmental Crime Section and
Assistant U.S. Attorney Miguel A. Periera of the U.S. Attorney's
Office for the District of Puerto Rico.      
  
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