In Secret Settlement Agreement Merchant Marine Captain Convicted of Sexual Battery Given a One Month Suspension of His Merchant Mariner License

New York, NY

By: MLAA

According to documents obtained by Maritime Legal Aid & Advocacy through the Freedom of Information Act, on April 18, 2016 a U.S. Coast Guard Administrative Law Judge signed off on a settlement agreement, negotiated by the Office of Investigations and Casualty Analysis (CG-INV), that allowed a USCG licensed captain to receive only a one month suspension of his license after he was convicted of the crime of Sexual Battery in Lancaster County, Virginia.

The Office of Investigations and Casualty Analysis (CG-INV) is led by Captain Jason Neubauer, USCG. 

On February 20, 2016 the Captain of the M/V Fort Pike (ON# 524596) allided with James River Channel Lighted Buoy #46, which initiated a USCG investigation.  During the preliminary marine casualty investigation a National Targeting Center check was conducted on the Captain, which revealed that the Captain had a been convicted on July 16, 2015 of Sexual Battery, a violation of Virginia Code § 18.2-67.4, for “sexually abusing the victim against such person's will, by force, threat, intimidation, or ruse.”

According to the investigation report obtained by MLAA, by the USCG’s own admission this conviction would have, by law, prevented the issuance or renewal of a Merchant Mariner Credential, and would have warranted a 1 to 5 year assessment period following the denial of the credential to a convicted sexual predator.  

Instead of revoking the MMC and license of a convicted sexual predator as the law required, the USCG entered into a Settlement Agreement by which his MMC would only be suspended for one month—time which would be served while on his vacation period—resulting in essentially no real suspension of his MMC or license. After this settlement agreement was negotiated by Captain Jason Neubauer, USCG, a federal Administrative Law Judge approved of this punishment by issuing a consent order.

According to nearly 1,000 pages documents relating to sexual misconduct by USCG credentialed mariners already obtained by Maritime Legal Aid & Advocacy through the Freedom of Information Act, this case is part of a disturbing and horrifying policy within the U.S. Coast Guard of engaging in quick settlement agreements with sexual predators that result in little to no punishment, allowing the U.S. Coast Guard to quickly dispense with cases they do not care about and do not want to involve themselves with, and to allow sexual predators to continue working in this industry, thereby putting other mariners in danger of becoming victims of shipboard sexual violence.