A chief engineer has pleaded guilty to failing to report a hazardous condition aboard a vessel in Charleston, South Carolina, and subsequently obstructing a federal investigation, according to court documents filed last week.
Fernando San Diego San Juan, who served as Chief Engineer on the 74,583 gross ton Liberian-flagged container ship M/V MSC Michigan VII between April and July 2024, entered into a plea agreement with the United States on charges that carry potential prison sentences of up to 11 years.
According to the plea agreement, San Juan “knowingly and willfully failed, and caused the failure to immediately report a hazardous condition” on the vessel to the U.S. Coast Guard while in the port of Charleston in June 2024. Specifically, prosecutors alleged that San Juan failed to report that “the vessel’s main engine governor linkage had to be and was being manually manipulated in order for the Main Engine to achieve the ordered revolutions per minute that were signaled from the bridge telegraph during maneuvering.”
The case stems from a serious incident on June 5, 2024, when the MSC Michigan VII became a “runaway ship” after the manually adjusted linkage rod disconnected from the Governor while the vessel was departing Charleston. Court documents reveal that “during the time the engineers were attempting to re-connect the linkage rod, the vessel was proceeding outbound as a runaway ship because the main engine could not be slowed. The vessel achieved a speed of approximately 16-17 knots.”
The situation was so severe that “the Arthur Ravenel Jr. Bridge was evacuated over concern the vessel could strike the bridge. Local beaches were also cleared because of concern that the wake of the vessel could cause injuries to persons on the beach.” The vessel’s wake ultimately “caused damage to numerous ships and piers and caused injuries to several people.”
Maritime safety regulations require vessel operators to “immediately notify the nearest Coast Guard Sector Office or Group Office” of any hazardous condition that “may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbor, or navigable waterway of the United States.”
The second charge stems from San Juan’s false statements to investigators. Three days after the initial incident, on June 8, 2024, prosecutors charged that San Juan “corruptly endeavored to influence, obstruct or impede” an official proceeding of the National Transportation Safety Board and the United States Coast Guard by making false statements about the engine problems.
According to court documents, San Juan falsely told investigators that “the problem with the Main Engine not achieving the revolutions per minute ordered by the bridge telegraph had never happened before” and “that the governor linkage had not been ‘touched’ or ‘twisted’ by anyone other than a technician.”
The stipulation of facts supporting the guilty plea reveals that San Juan had been aware of the hazardous practice of manually adjusting the linkage rod since shortly after boarding the vessel in April 2024 near Santos, Brazil. “When Defendant learned about this practice, he knew that it was hazardous because manually adjusting the length of the linkage rod could cause it to fail. Nevertheless, he allowed the practice to continue.”
Investigators found that “the nuts on both ends of the linkage rod were loosened by the engine room crew, who were supervised by Defendant, so that the rod could be more easily turned to adjust its length and, therefore, the Main Engine RPMs.” The court documents note that “the system was designed so that on each end of the linkage rod was a locking washer that would hold the nuts in place so they could not back out. However, on the M/V MSC Michigan VII, both the upper and lower locking washers were removed. The U.S. Coast Guard found one of the locking washers on the floor beneath the Governor.”
The issue with the engine was apparently related to fuel type. Court documents indicate that “this was caused by the poor condition of the Main Engine fuel injector systems and leakages in the barrels and plungers when using lower viscosity low sulfur fuel, resulting in the Main Engine requiring more fuel to achieve a specific RPM when using the lower viscosity fuel.”
In addition to the engine governor issues, the vessel was plagued by multiple mechanical problems, including malfunctioning main air compressors and generators operating at reduced capacity. Court records state that “most of the vessel’s generators could not sustain a power load of seventy five percent (75%)” and “because of the reduced load capacity of the generators, many times the vessel could not use its bow thruster while maneuvering in port.”
San Juan’s defense may be partially related to his inadequate handover when joining the vessel. According to court documents, “When Defendant joined the vessel in April 2024, he was only given approximately five hours to complete a mandatory handover from the departing Chief Engineer.” The document notes that “in Defendant’s experience, the mandatory handover should have taken place over at least 24 hours. A five-hour handover was insufficient for Defendant to obtain a complete picture of the status of the engine room and all the vessel’s critical machinery.”
The maximum penalties for the charges include up to 6 years imprisonment and/or a $250,000 fine for failing to report a hazardous condition, and up to 5 years imprisonment and/or a $250,000 fine for obstruction of an agency proceeding. The plea agreement also requires San Juan to pay special assessments of $100 per count and make full restitution to victims harmed by his actions, in an amount to be determined by the court at sentencing.
This case highlights the critical importance of proper reporting of vessel hazards and the serious consequences that can result when safety protocols are circumvented. It also raises questions about vessel maintenance standards and proper handover procedures in the international shipping industry.