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USCG Administrative Law Judge Case

U.S. Coast Guard vs. Arne Gunnar Svendsen

In U.S. Coast Guard vs. Arne G. Svendsen, docket CG S&R 05-0053, the Coast Guard filed a complaint on January 25, 2005 seeking suspension of Svendsen’s Merchant Mariner’s Document. The enforcement summary states that Svendsen had submitted four fraudulent applications to the REC New Orleans by failing to disclose criminal history, including convictions for assault with a deadly weapon on a sheriff’s deputy, third-degree sexual assault, and two DUI convictions. In the settlement papers, Svendsen admitted the jurisdictional and factual allegations of the complaint. Administrative Law Judge Peter A. Fitzpatrick approved the settlement on August 15, 2005; the settlement imposed a three-month outright suspension.

Disposition

Settlement Agreement

Posture

Settlement

Sanction

Suspension

Three months outright ; revocation if settlement conditions were not completed

Judge

Peter A. Fitzpatrick

What the Record Shows

Case Summary

In the complaint served against Arne G. Svendsen, the Coast Guard initiated an administrative proceeding seeking to suspend his Merchant Mariner’s Document. The enforcement summary associated with docket CG S&R 05-0053 states that Svendsen had submitted four fraudulent applications to REC New Orleans and failed to disclose criminal history dating back to 1993, including assault with a deadly weapon on a sheriff’s deputy in 1982, third-degree sexual assault in 1997, and two separate DUI convictions in 2002. The summary lists 46 C.F.R. § 5.27 as the current violation and characterizes the charge as misconduct.

The settlement papers state that Svendsen entered the settlement solely to resolve the matter without further hearing or litigation, but also state that he admitted the jurisdictional and factual allegations of the complaint and waived hearing and appeal rights. The settlement agreement required his Coast Guard-issued Merchant Mariner’s Document to be suspended outright for three months, required deposit of Coast Guard-issued credentials with Marine Safety Office New Orleans until successful completion, and provided that revocation would be automatically invoked if he failed to complete the settlement conditions by the stated date.

On August 15, 2005, Administrative Law Judge Peter A. Fitzpatrick issued a Consent Order Approving Settlement Agreement. The order states that the settlement was approved in full, incorporated by reference, and constituted a full, final, and complete adjudication of the proceeding.

Based on public docket metadata and available source documents. Allegations are described as allegations, not findings of fact or admissions.

Outcome

Settlement agreement approved. The settlement papers state that Svendsen admitted the jurisdictional and factual allegations of the complaint.

Sanction: Suspension

Duration: 3 months

Case Timeline

  1. Feb 6, 2004

    Violation date listed

    The enforcement summary lists February 6, 2004 as the violation date.

  2. Jan 25, 2005

    Complaint filed

    The Coast Guard filed a complaint seeking suspension of Svendsen’s Merchant Mariner’s Document.

  3. Jul 13, 2005

    Settlement signed

    Svendsen and the Coast Guard signed the motion and settlement documents on July 13, 2005.

  4. Aug 15, 2005

    Consent order approved

    Judge Peter A. Fitzpatrick approved the settlement agreement.

Case Metadata

Docket Number
CG S&R 05-0053
Enforcement Activity Number
2279938
Dispositive Order Date
Aug 15, 2005
Dispositive order
Source Era
1999–2022 Published Decisions
Dispositive Order Type
Consent Order Approving Settlement Agreement
Allegation
Misconduct; Conviction / NDRA; Alcohol / DUI; Sexual Misconduct; Credential / MMC
Source wording: The enforcement summary states that Svendsen submitted four fraudulent applications and failed to disclose criminal history, including assault with a deadly weapon on a sheriff’s deputy, third-degree sexual assault, and two DUI convictions.
Alleged conduct dates: 2004-02-06
Authorities Cited
33 C.F.R. § 20.50246 C.F.R. § 5.27
Coast Guard Representative
LTJG Steven A. Koch Jr., Investigating Officer, USCG Marine Safety Office New Orleans
Mariner / Respondent Counsel

Arne G. Svendsen

Respondent; no counsel identified in loaded settlement papers / Settlement Agreement / Jul 13, 2005

Sources, Context, and Method

What This Record Does and Does Not Show

Coast Guard suspension and revocation cases are administrative proceedings about a merchant mariner credential. They generally begin when a Coast Guard investigating officer files a complaint with the ALJ Docketing Center. Unless the case goes to a hearing and an ALJ finds the complaint allegations proved in a written decision and order, the allegations should be understood as allegations, not findings.

A settlement agreement or consent order can end the proceeding without an admission of the alleged conduct. This page therefore separates what the Coast Guard alleged from what an ALJ, Commandant appeal decision, default order, settlement order, dismissal, or other public record actually decided.

MLAA builds these pages from public Coast Guard ALJ docket data, official Coast Guard source documents, preserved docket-source proof, and available orders or decisions. We preserve source records where we can, label allegations as allegations, avoid treating docket categories as factual findings, and invite source-backed corrections when a record needs to be fixed.

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