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Singapore: Court orders Maersk Tankers to pay UOB USD 39 million over Winson Oil gasoil cargo

Defences of Maersk Tankers and Winson Oil had ‘overarching assertion that UOB ‘never looked to the bills of lading as security’, stated Judge.

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Maersk Tankers Singapore Pte Ltd (Maersk) on 4 November was ordered to pay UOB USD 39 million for the misdelivery of a gasoil cargo sold to Hin Leong Trading (Pte) Ltd (Hin Leong) by Winson Oil Trading Pte Ltd (Winson).

The present case was amongst affairs stemming from the collapse of Hin Leong in 2020.

Here, UOB claimed itself as holders of certain bills of lading for gasoil cargoes carried onboard Maersk Princess in accordance with a voyage charterparty between Maersk as owners and Winson as charterers.

Maersk Princess was carrying a total shipment of 752,870 barrels (bbl) of 10ppm sulphur gasoil cargo that was on-sold by Winson to Hin Leong following a sale contract dated 12 February 2020.

UOB was interested in two, out of the four parcels, which the gasoil cargo was split into.

Specifically, the bank was claiming for Parcel ‘A’ comprising 330,000 bbl purchased by Winson from BP Singapore Pte Limited and Parcel ‘C’ comprising 330,000 bbl purchased by Winson from China Aviation Oil (Singapore) Corporation Ltd (the Cargoes).

UOB argued Maersk discharged and delivered the Cargoes to Hin Leong without presenting the original bills of lading (OBLs) for both Parcel ‘A’ and ‘C’; as such its liability for misdelivery is allegedly settled.

“While admitting that Maersk discharged and delivered the cargo without original bills of lading having been presented, the Defendants [Maersk and Winson] have advanced a number of defences against liability for misdelivery,” stated Justice S. Mohan of the High Court of the Republic of Singapore.

“Most of them are bonded together by the overarching assertion that UOB ‘never looked to the bills of lading as security’.”

According to Justice Mohan, defendants Maersk and Winson presented several defences against UOB’s claim; they are:

  • Contractual Defence
  • Consent-Based Defences
  • Rights of Suit Defences
  • Causation Defence

“To summarise, none of the defences advanced by the Defendants have been made out. I am satisfied that UOB, as lawful holders of the OBLs, has established its claim against Maersk for breach of contract by reason of the latter having discharged and delivered the Cargo without the presentation of the OBLs,” he wrote.

“Having allowed this claim in contract, it is unnecessary for me to consider UOB’s alternative claims in conversion, bailment and negligence.

“Accordingly, I grant judgment in favour of UOB against Maersk in the sum of US$39,372,300.00, together with interest thereon at 5.33% per annum from the date of the writ to the date of judgment.”

Editor’s note: The original 104-page judgement document of Justice S. Mohan can be downloaded from the High Court of the Republic of Singapore website here.

Related: Maersk Tankers Singapore applies for USD 41 million court injunction against Winson Oil Trading

 

Photo credit: Manifold Times
Published: 18 November 2024

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Legal

Florida bunker supplier indicted over alleged USD 5 mil SEA Card fuel purchase fraud

Owner of Independent Marine Oil Services, allegedly submitted fake invoices to US Navy ships and other vessels through the SEA Card Program, which allows US vessels to purchase fuel from suppliers at ports.

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The US Department of Justice recently said a federal grand jury in Miami returned an indictment recently charging a Florida business owner with multiple counts of wire fraud, money laundering, and forgery for his alleged role in orchestrating a scheme to defraud the US Department of Defense and other federal agencies. 

He allegedly did so by submitting altered and fake invoices to US Navy ships and other vessels through the SEA Card Program, which allows US vessels to purchase critical fuel from suppliers at ports around the world.

According to court documents filed in the Southern District of Florida, between August 2022 and January 2024, Jasen Butler, 37, of Jupiter, Florida, the owner of Independent Marine Oil Services LLC, submitted dozens of falsified documents to multiple U.S. warships — including the USS Patriot — demanding and receiving over USD 5 million dollars in payments for phony expenses that Butler had not incurred. 

These ships were attempting to purchase fuel in international ports such as Saudi Arabia, Singapore, and Croatia, among others. Butler also concealed his identity from government officials by using a false name and feigning employment by a fictitious fuel division of a different company. As alleged in the indictment, Butler used the millions in fraud proceeds to personally enrich himself and purchase multiple properties, including in Florida and Colorado. 

“This indictment sends a clear, public message: the Antitrust Division and its Procurement Collusion Strike Force under President Trump will not rest until all who defraud the brave men and women of the U.S. military and the American taxpayers receive swift justice,” said Assistant Attorney General Abigail A. Slater of the Justice Department’s Antitrust Division.

“Our office is steadfast in its commitment to prosecute individuals that seek to unjustly profit at the expense of the U.S. military,” said U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida. “Such fraud undermines military readiness and jeopardizes the dedicated service members who selflessly defend our country.”

“Mr. Butler’s alleged involvement in unlawfully submitting fraudulent invoices related to U.S. naval ships receiving fuel during port visits is an affront to the warfighter and taxpayer,” said Special Agent in Charge Greg Gross of the Naval Criminal Investigative Service (NCIS) Economic Crimes Field Office. “NCIS remains committed to thoroughly investigating those who commit fraud impacting the Department of Navy.”

“Those who exploit the Department of Defense for personal gain — by inflating costs, falsifying bids, or manipulating the contracting process — will be relentlessly pursued and held accountable,” said Special Agent in Charge Jason Sargenski of the Department of Defense Office of Inspector General Defense Criminal Investigative Service (DCIS), Southeast Field Office. 

“DCIS and our law enforcement partners remain unwavering in our mission to protect taxpayer dollars and preserve the integrity of DoD contracts that directly support our nation’s warfighters.”

If convicted, Butler faces maximum penalties of 20 years in prison for each count of wire fraud, up to 10 years for each count of forgery, and up to 10 years for each count of money laundering. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

The case was investigated by the Coast Guard Investigative Service, Defense Criminal Investigative Service, and Naval Criminal Investigative Service.

 

Photo credit: Pepi Stojanovski from Unsplash
Published: 20 June, 2025

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Sanctions

UK slaps sanctions on bunker company and Russian shadow fleet of oil tankers

Government has imposed sanctions on 20 oil tankers and Rosneft’s bunker fuel trading subsidiary Rosneft Marine (UK) Limited, in its latest action targeting Russia’s financial, military and energy sectors.

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The UK government on Tuesday (17 June) has imposed sanctions on 20 oil tankers and Rosneft’s bunker fuel trading subsidiary Rosneft Marine (UK) Limited, in its latest action targeting Russia’s financial, military and energy sectors.

The new sanctions crack down further on Russia’s shadow fleet, targeting 20 of oil tankers. The UK is also tightening the net around those who enable Putin’s illicit oil trade, sanctioning Orion Star Group LLC and Valegro LLC-FZ, for their role in crewing and managing shadow fleet vessels. 
The action also targets Russia’s military capabilities, hitting the military agency leading the development of Russia’s underwater intelligence gathering operations (GUGI), protecting the UK from attacks on subsea infrastructure, restricting Putin’s war machine and increasing our security at home. 

“These sanctions strike right at the heart of Putin’s war machine, choking off his ability to continue his barbaric war in Ukraine,” Prime Minister Keir Starmer said.

“We know that our sanctions are hitting hard, so while Putin shows total disregard for peace, we will not hesitate to keep tightening the screws.

“The threat posed by Russia cannot be underestimated, so I’m determined to take every step necessary to protect our national security and keep our country safe and secure.”

According to Rosneft’s website, Rosneft Marine UK, a Rosneft trading division, was established in 2010 to carry out bunker fuel trading for international cargo shipping.

In 2010, an office was opened in London, then in Beijing in 2012.

 

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Published: 19 June, 2025

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Winding up

Singapore: Annual general meetings scheduled for Xihe Holdings subsidiaries

Annual general meetings of companies/creditors will be held for Xin Chun Shipping and Xin Dun Shipping on 1 July respectively, according to Government Gazette notices.

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Notices were published on the Government Gazette on Tuesday (17 June) regarding scheduled annual meetings, to be held by electronic means, for two Xihe Holdings subsidiaries Xin Chun Shipping Pte Ltd and Xin Dun Shipping Pte Ltd.

Annual general meetings for Xin Chun Shipping are to be held on 1 July at the following times:

For the company: 10am
For the creditors: 11am 

Annual general meeting for Xin Dun Shipping are to be held on 1 July at the following times:

For the company: 2pm
For the creditors: 3pm

AGENDA

  • To receive an update on the liquidation.
  • To receive an account of the Liquidators’ acts and dealings, and of the conduct of the winding up.

The following are the details of the liquidator:

Ho May Kee
Liquidator
c/o 8 Marina View
#40-04/05 Asia Square Tower 1
Singapore 018960

Xihe Holdings Pte Ltd and its subsidiaries are owned by the Lim family, who are also the owners of the embattled Hin Leong Trading.

Related: JMs: First creditors meeting of Xihe Holdings subsidiaries to be held in January 2021

 

Photo credit: Benjamin-Child
Published: 18 June, 2025

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