Benzene News

"Criminal Indictments in Barge Benzene Case"

June 18, 2007

Today a federal grand jury in Bowling Green, Kentucky returned criminal indictments against the Canal Barge Company, Inc. (CBC) of Belle Chasse, Louisiana, and three CBC employees. The indictment alleges that in June 2005, CBC Barge 222 experienced a benzene leak while on the Ohio River in Henderson County, Kentucky, and that the defendant employees patched the leak, did not report it to the U.S. Coast Guard as required by law, and several days later passed the barge on to another barge company without informing the second company of the benzene link.

Benzene-Induced Illness

The indictment describes how several days after the barge transfer, the patch over the leak failed, more benzene leaked, and a number of people on the barge then experienced symptoms that compelled them to seek medical attention. The incident was investigated by the U.S. Environmental Protection Agency and the U.S. Coast Guard.

Twelve Years' Prison Time Is Possibility

The employee defendants, Jeffrey A. Scarborough, 49, of Mendenhall, Mississippi, Paul D. Barnes, 50, of Belle Chasse, Louisiana, and Randolph Martin, 53, of Atmore, Alabama were indicted for criminal violations of the Ports and Waterway Safety Act, the Clean Water Act, and Conspiracy. If they are convicted, they face maximum potential penalties of 12 years in prison and a $600,000 fine. The maximum penalty for their employer Canal Barge Company is a $1,200,000 fine.

All of the defendants are to appear for arraignment on June 21 before a U.S. Magistrate Judge in Owensboro, Kentucky.

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