A Whistleblower's Perspective
MARINE DEFENDER: Christopher Keays
Whistleblower
THE PRINCESS AND THE 3RD ENGINEER
It seemed like a dream job.
“It was the chance of a lifetime,” Chris Keays would later recall.
He had just land a job as a junior engineer on the Caribbean Princess, a luxurious 3,192 passenger cruise ship belonging to Princess Cruise Lines, one of the largest cruise ship companies in the world.
Chris had studied hard to obtain a degree in marine engineering in Scotland and his future seemed bright. “I felt that working for a very respectable company could genuinely make my career at sea," he later said, "and over time progress and grow as a respected ships engineer officer.”
During his first three-month contract, everything went smoothly.
He had just land a job as a junior engineer on the Caribbean Princess, a luxurious 3,192 passenger cruise ship belonging to Princess Cruise Lines, one of the largest cruise ship companies in the world.
Chris had studied hard to obtain a degree in marine engineering in Scotland and his future seemed bright. “I felt that working for a very respectable company could genuinely make my career at sea," he later said, "and over time progress and grow as a respected ships engineer officer.”
During his first three-month contract, everything went smoothly.
During his second contract, however, on a short voyage between Scotland and France, Chris noticed something very odd.
Two senior crewmen had hooked a flexible hose and a metal bypass pipe to a tank containing oily bilge water and they were pumping the oily water overboard.
Chris has studied MARPOL and the rules about marine oil pollution in college, and he was well aware that he was witnessing an environmental crime.
"When I actually saw for myself a practice that was so obviously illegal, I was hugely disappointed that this was happening with a blatant disregard for the protection of the seas and in defiance of the law," Chris later recalled.
"What I witnessed, led me to question the integrity of the engineering Staff and that of other employees in my department."
Two senior crewmen had hooked a flexible hose and a metal bypass pipe to a tank containing oily bilge water and they were pumping the oily water overboard.
Chris has studied MARPOL and the rules about marine oil pollution in college, and he was well aware that he was witnessing an environmental crime.
"When I actually saw for myself a practice that was so obviously illegal, I was hugely disappointed that this was happening with a blatant disregard for the protection of the seas and in defiance of the law," Chris later recalled.
"What I witnessed, led me to question the integrity of the engineering Staff and that of other employees in my department."
Because most acts of illegal oil pollution take place at sea and leave few observable traces, they can be hard to prosecute by law enforcement. Looking over court records, it is often low-ranking engineers working in the engine room who witness environmental crimes and then blow the whistle. |
Documenting the Crime
Later that day, Chris returned to the engine room and took photographs and videos of the hose and bypass pipes using his cell phone. These "before" and "after" images showing the "magic pipe" would later prove to be critical evidence in the criminal case filed by the US Department of Justice against Princess Cruise Lines, LTD.
Chris also took photographs of the computer screen in the engine control room.
These images showed how discharges from the Clean Bilge Water Tank were being manipulated by the ship's officers in the ships Oil Record Book.
When the Caribbean Princess returned to port, Chris contacted the British Maritime and Coastguard Agency (MCA) and resigned his position.
“I could not continue serving as a licensed engineer onboard knowing that I could report it immediately to expose the practice and prevent it happening further," Chris later recalled. "[S]o I maintained my moral standard by acting without hesitation in the next available port.”
Chris' report, and his photos and videos, set in motion an investigation that involved both the British MCA and the US Coast Guard, since the ship had made multiple port calls in US Ports, including: Massachusetts, Maine, Florida, New Jersey, New York, Puerto Rico, Rhode Island, South Carolina, Virginia, Texas and the US Virgin Islands.
“I could not continue serving as a licensed engineer onboard knowing that I could report it immediately to expose the practice and prevent it happening further," Chris later recalled. "[S]o I maintained my moral standard by acting without hesitation in the next available port.”
Chris' report, and his photos and videos, set in motion an investigation that involved both the British MCA and the US Coast Guard, since the ship had made multiple port calls in US Ports, including: Massachusetts, Maine, Florida, New Jersey, New York, Puerto Rico, Rhode Island, South Carolina, Virginia, Texas and the US Virgin Islands.
Marine investigators were able to prove that the ship's senior officers, including the Chief Engineer and the Senior First Engineer, had conspired to dump approximately 4,227 gallons of oil waste into British waters on Aug 23, 2013. When this discharge took place approximately 23-miles off the coast of England, the engineers ran clean seawater through the ship’s monitoring equipment to create a false digital record for a legitimate discharge.
The crew also evaded MARPOL by opening a salt water valve when bilge waste was being processed by the oily water separator and oil content monitor. This prevented the oil content monitor from going into alarm mode and stopping the overboard discharge. This was done routinely on the Caribbean Princess in 2012 and 2013.
They ship also routinely discharged oily bilge water from gray-water tanks into the machinery space bilges. This waste was then pumped back into the gray-water system rather than being processed as oily bilge waste, and then pumped overboard. None of these discharges were recorded in the ship's oil record books.
The investigators found that the Caribbean Princess had illegally discharged oily waste over an eight year period, beginning in 2005, one year after the ship was commissioned. This dumping took place in coastal waters in both Europe and the United States and the ship’s oil record book was systematically falsified to conceal the illegal conduct.
Money was the reason. The ship’s Chief Engineer decided it was too expensive to properly off-load the oily contents of the tank to a barge in port.
The crew also evaded MARPOL by opening a salt water valve when bilge waste was being processed by the oily water separator and oil content monitor. This prevented the oil content monitor from going into alarm mode and stopping the overboard discharge. This was done routinely on the Caribbean Princess in 2012 and 2013.
They ship also routinely discharged oily bilge water from gray-water tanks into the machinery space bilges. This waste was then pumped back into the gray-water system rather than being processed as oily bilge waste, and then pumped overboard. None of these discharges were recorded in the ship's oil record books.
The investigators found that the Caribbean Princess had illegally discharged oily waste over an eight year period, beginning in 2005, one year after the ship was commissioned. This dumping took place in coastal waters in both Europe and the United States and the ship’s oil record book was systematically falsified to conceal the illegal conduct.
Money was the reason. The ship’s Chief Engineer decided it was too expensive to properly off-load the oily contents of the tank to a barge in port.
A Larger Investigation of Princess Cruise Lines
Chris’s decision to blow the whistle also triggered a fleet wide investigation that revealed that four other Princess Cruise Lines ships -- including the Golden Princess, Coral Princess, Grand Princess and Star Princess -- had also illegally dumped oily waste into US waters.
“Numerous crew members were aware of this longstanding practice and the failure to record the discharges in the Oil Record Book,” notes the plea agreement in US. v Princess Cruise Lines, “both of which took place over a period of many years.”
“Numerous crew members were aware of this longstanding practice and the failure to record the discharges in the Oil Record Book,” notes the plea agreement in US. v Princess Cruise Lines, “both of which took place over a period of many years.”
The largest fine so far
Princess Cruise Lines, which is owned by the Miami-based Carnival Cruise Lines, pled guilty to seven felony charges and admitted to deliberately polluting the seas and trying to cover it up. The company also paid a $40 million dollar penalty, the largest fine ever paid for deliberate vessel pollution.
“We are extremely disappointed about the inexcusable actions of our employees who violated our policies and environmental law,” Princess Cruise Lines said in a statement released after sentencing. “We are very sorry that this happened and have taken additional steps to ensure we meet or exceed all environmental requirements.”
“We are extremely disappointed about the inexcusable actions of our employees who violated our policies and environmental law,” Princess Cruise Lines said in a statement released after sentencing. “We are very sorry that this happened and have taken additional steps to ensure we meet or exceed all environmental requirements.”
THE WHISTLEBLOWER AWARD
Chris Keays was later awarded $1 million dollars for blowing the whistle on the Princess.
As part of the trial process, Keays wrote a heart felt letter to US Judge Patricia Seitz. In it he reflected on his experiences as a whistleblower, the impact it had on his career, and his sense of appreciation for the hard word done by the Coast Guard investigators who held the Princess Cruise Lines accountable for polluting the ocean.
“I am overwhelmed that the results of the investigation became so extensive,” Chris wrote. “That the results showed lies and wrongdoing over such a long period of time, gives me a great sense of relief that I acted when I did."
"I genuinely hope that this will be a wakeup call for the industry," he concluded, "that my actions will be replicated and empower those with knowledge of these practices to do the right thing, and finally deliberate pollution will become a past shame rather than a continued illegal practice that is unspoken of by many ships crew.”
As part of the trial process, Keays wrote a heart felt letter to US Judge Patricia Seitz. In it he reflected on his experiences as a whistleblower, the impact it had on his career, and his sense of appreciation for the hard word done by the Coast Guard investigators who held the Princess Cruise Lines accountable for polluting the ocean.
“I am overwhelmed that the results of the investigation became so extensive,” Chris wrote. “That the results showed lies and wrongdoing over such a long period of time, gives me a great sense of relief that I acted when I did."
"I genuinely hope that this will be a wakeup call for the industry," he concluded, "that my actions will be replicated and empower those with knowledge of these practices to do the right thing, and finally deliberate pollution will become a past shame rather than a continued illegal practice that is unspoken of by many ships crew.”