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ORIGINALRECEIVED
LMOOCT 15 PM 1 31
OFFICE OF THE SECRETARYFEDERAt MARITIME COMTj
BEFORE THE A
FEDERAL MARITIME COMMISSION
YAKOV KOBEL and VICTOR BERKOVICH
Complainants Docket No 1006
VS
HAPAGLLOYDAGHAPAGLLOYD
AMERICA INC LIMCO LOGISTICS INCINTERNATIONAL TLC INC
VERIFIED AMENDED COMPLAINT
Repondents
COME NOW Yakov Kobel and VictorBerkovichCComplainants by and through their
attorney Donald P Roach and as for their Verified Complaint against HAPAGLLOYDAG
HAPAGLLOYDAMERICA INC LIMCO LOGISTICS INC and INTERNATIONAL TLC
INC collectively Respondents file this Verified Complaint pursuant to Section 10b2A
Section I0b4DESection I0b111213 Section I0d1Section 11 and Section 19 of
the Shipping Act of 1984 Shipping Act as amended by the Ocean Shipping Reform Act of 1998
the Acf 46USCSec 411042and pursuant to the Federal Maritime Commission FMC
authority under Section IIa of the Act 46USCSec 41301aalleging violations of the
Shipping Act as follows
PARTIES
1 Complainants Yakov Kobel and Victor Berkovich are residents of Portland Oregon
USA both with the following residence and mailing address 14333 SE Steele St Portland OR
97236DONALD P ROACH
Page 1 VERIFIED AMENDED COMPLAINT Attorney at Law
3718 SW Condor Suite 110Portland OR 97239
503 2287306
2 Respondent HapagLloydAGalso known as HapagLloyd Aktiengesellschaft
hereinafter referred to as HapagLloydAG is a foreign entity duly registered under the laws of
the State ofNew Jersey and whose principal place ofbusiness in the United States is at 399 Hoes
Lane Piscataway Township NJ 08854 HapagLloydAGis an ocean common carrier duly
registeredlicensedwith the Federal Maritime Commission License No 005980 and which
transports containers and other types ofcargo at sea for various entities
3 Respondent HapagLloydAmerica Inc hereinafter referred to as HLAI is a
corporation presumably in good standing and duly registered under the laws ofthe State ofNew
Jersey and whose principal place of business in the United States is at 399 Hoes Lane Piscataway
New Jersey 08854 HLAI is an entity which transports containers and other type of cargo at sea for
various entities and alternatively is registered with the Federal Maritime Commission and acts as
an agent for Respondent HapagLloydAG
4 Respondent Limeo Logistics Inc Litnco is acorporation which is duly
registered under the laws of State ofFlorida and whose principal place ofbusiness in the United
States is at 12550 Biscayne Blvd Suite 606 N Miami Florida 33181 Limeo is an Ocean
Transportation Intermediary licensed as anonvessel operating common carrier NVOCC and
freight forwarder License no 19196 doing bindin business for HapagLloydAG and HLAI
and is licensed to transact business as aNVOCC with the public in the United States ofAmerica
At all material times hereto Limeo acted as aNVOCC
5 Respondent International TLC Inc IntlTLC is a corporation which is duly
registered under the laws ofthe State ofWashington and whose principal place ofbusiness is at
16402 29th Street East Lake Tapps WA98391 Based upon Complainants information and belief
IntlTLC is an Ocean Transportation Intermediary licensed since July 24 2008 as anonvessel
operating common carrier NVOCC License no 021282 doing binding business forHapagDONALD P ROACH
Page 2 VERIFIED AMENDED COMPLAINT Attorney at Law3718 SW Condor Suite 110
Portland OR 97239503 2287306
LloydAG and HLAL and is licensed to transact business with the public in the United States of
America At all material times hereto IntlTLC acted as aNVOCC
11
JURISDICTION
6 This action is brought pursuant to the Shipping Act of 1984 as amended 46USC
Sec40101etseq Complainants are shippers in good faith and have done business with the
aforementioned entities and relied upon Respondents public advertisement and representations
Respondents are doing substantial business in the United States and hold themselves out to the
public as providers ofbonafide transportation services as Licensed Ocean Transportation
Intermediaries OTI and have assumed responsibility for transportation of the Complainants cargo
at issue herein from Portland Oregon to the Port ofGdynia Poland as the final destination
namely five 5 containers ofwhich three 3 have been unlawfullyliquidate without
Complainants consent or their permission and in violation ofthe Shipping Act as hereinafter
alleged
Complainants respectfully request from FMC substantial reparations in theirprayer for
relief for severe financial and economic damages caused by the three Respondents violations of
Shipping Actc 10 Sec 11 and Section 19 as hereinafter alleged
III
FACTUAL ALLEGATIONS
7 On or about May 2008 Complainants agreed with Respondents for the purpose of
transporting five 5 loaded containers from Portland Oregon to Gdynia Poland as the final
destination
8 Respondents agreed to transport Complainants five5 containers to the said final
destination in Poland and paid freight charges in advance for three 3 containersDONALD P ROACH
Page 3 VERIFIED AMENDED COMPLAINT Attorney at Lqw3718 SW Con or Suite 110
Portlan Ok 97239503 2287306
9 Complainants are not sophisticated as to the shipping process and thus relied upon
Respondents goodwill and their general public advertisement and representations as Licensed
Ocean Transportation Intermediaries or ocean common carriers and thus trusted Respondents as to
their representations to transport their cargo to the final destination in the Port of Gdynia Poland
10 Complainants shipped five containers from Portland Oregon to Gdynia Poland
between May 9 2008 and July 19 2008 Despite payment in advance ofthe freight charge for
three ofthe five containers Complainants did not receive abill of lading fi7om Respondent Intl
TLC or Limco Logistics Inc for any of the five containers at the time of shipping nor within a
reasonable time thereafter Complainants did not receive any documents from Respondents stating
the terms or conditions of the transport ofthese five containers except for invoices from
Respondent IntlTLC Complainants finally received abill of lading from IntlTLC issued by
Limco Logistics Inc front page only for only container MOGU 2002520 in November 2008
Complainants paid freight for this container in the amount of4600 consisting of plywood and
motorcycles
11 Complainants subsequently realized that Respondents did not give them any bills of
lading at the time ofshipping between May and July2008 nor any similar documentation that
would evidence the ownership ofComplainants highly valuable property
12 Shortly after Respondents received custody and control ofComplainants valuable
property at the Port of Portland Oregon they damaged one ofthe loaded containers Q40GU
2002520 and then engaged into a scheme ofprolonged misinformation about this container
13 On or about May 9 2008 Complainant Yakov Kobel was contacted telephonically
by Limco and IntlTLC to inform him ofthe fact that his containerN2002520 was
damaged at Port ofPortland Oregon and stating in substance that another container fell and struck
the shippers container during the uploading process at the Port ofPortland OregonDONALD P ROACH
Page 4 VERIFIED AMENDED COMPLAINT Attorney at L4W3718 SW Condor Suite 110
Portland OR 97239503 2287306
14 Complainant Yakov Kobel requested Limco to allow him access on site at the Port
ofPortland to observe the extent of the damage to the alleged damaged container MOGU
200252 to which Limeo agreed Thereafter Limco reversed itself and denied access to
Complainants to examine the alleged damaged container
15 Thereafter Limco informed Complainants that HapagLloydAGandorHLAI
agreed to transport the damaged container back to Complainants loading site in Clackamas
Oregon at HapagLloydAG andHLAIsexpense Limeo further instructed Complainants to
prepare a document for the estimated costs involved which HapagLloydAGandorHLAI
agreed to pay and as represented by Limco to Complainants
16 HapagLloydAGandorHLAI further promised Complainants through Limco
that by May 20 2008 it would return the damaged container to the site ofComplainants loading
point in Clackamas Oregon
17 The Complainants relied in good faith uponHapagLloydAGandor HLAI and
Limcos representations to Complainants detriment and prepared estimates
18 Complainants sent a seven 7 page document to Limco that consisted of estimated
costs oftransportation unloading and reloading plus cost of the damaged container with the
expectation that Limco could forward it to HapagLloydAGandor HLAI as Limeo had
previously represented to Complainants
19 To Complainants surprise and dismay while Complainants werewaiting for
HapagLloydAG andorHLAI to return the aforementioned damaged container to the
Complainants point ofpackingloading in Clackamas Oregon Limco notified the Complainants
by phone that HapagLloydAGandorHLAI had apparently made whatever repairs needed to
be done to the alleged damaged container and that shippers container was in fact to be shipped out
to Gydnia Poland in its alleged damaged condition Further HapagLloydAGandorHLAI andDONALD P ROACH
Page 5 VERIFIED AMENDED COMPLAINT Attorney at Law3718 SW Condor Suite 110
Portland OR 97239503 2287306
Limco provided no more information to Complainants about the nature of damage and or repairs
done to the aforesaid damaged container
20 Neither Limco HapagLloydAG nor HLAI ever provided Complainants with
anyphotos ofthe damaged container until about June 2009 Even then the photos were provided
to Complainants by IntlTLC as a result ofrepeated demands made upon Respondents by
Complainants pressuring them about the excessive delay of transport of said container byHapag
LloydAGandorHLAI and the damaged containerswhereabouts
21 All of the foregoing Respondents handling Complainants valuable property
HapagLloydAGHLAI Limco and IntlTLC refused to disclose to Complainants the
whereabouts of the damaged container2002520 for which Complainants waited patiently
to be joined with the other containers then to be transported together by rail from Gdynia Poland to
Cemauti Ukraine Because Respondents misled and misinformed Complainants about the time of
arrival of the damaged containerQIQOV 2002520 to Poland and their repeated deceitful conduct
the Complainants lost all of the rail appointments to transport their containers to Cernauti Ukraine
22 On November 15 2008 Complainants faxed a letter of inquiry to Limco to be
forwarded to HapagLloydAG and HLAI demanding the information about the damaged
containerswhereabouts Q40GU 2002520 On November 15 2008 IntlTLC finally faxed a
house bill of lading front page only issued by Limco as agent to IntlTLC to Victor Berkovich
for container MOGU 2002520 BINo LIM 16090 dated May92008 see copy attached and
marked as Exhibit 1
23 Complainants later learned fi7om aPolish Port official in Gydnia Poland that the
damaged container had in fact arrived in Gdynia Poland on or about December 23 2008 after it
was allegedly detained previously in Bremerhaven Germany for approximately 200 days By this
DONALD P ROACH
Page 6 VERIFIED AMENDED COMPLAINT Attorney at Law
3718 SW Condor Suite 110
Portland OR 97239503 2287306
time on December 24 2008 Complainants had lost all of the rail appointments they had made to
transport their containers to Cemauti Ukraine
24 Complainants other two containers MOGU 2051660 and MOGU 2101987 arrived
in Gdynia Polandbefore the damaged containerQ2002520 and wereplaced in storage
there Complainants did not have abill of lading to pick these two containers up because neither
Limco nor IntlTLC ever provided Complainants with such documents ofproperty ownership
enabling them to transport them to Cemauti Ukraine
25 For approximately 225 days neither HapagLloydAGHLAI Litneo nor Intl
TLC would disclose to Complainants the status oftheir damaged container above said or to discuss
with them the situation about the damaged container MOGU 2002520 Complainants
subsequently learned from Limco and Baltic Logistics Inc that the damaged container was
detained in Bremerhaven Germany from June 2008 until December 18 2009 when HapagLloyd
AG andorHLAI transported the damaged container by truck to Gydnia Poland This excessive
delay in shipping container MOGU 2002520 was caused solely by the acts and conduct of
Respondents
26 Complainants had made arrangements to transport the three containers together by
rail from Gydnia Poland to Ukraine containerMOGU 2051660 containerMOGU 210987 and the
allegedly damaged container MOGU 2002520 Because of Respondents significant delay in
transporting the damaged containerMOGU 2002520 to Gydnia Poland the other two containers
remained in Gydnia Poland until the arrival ofthe long awaited damaged container
27 Respondents reftised to discuss or give any information to Complainants about the
three containers held in Gdynia Poland after January 9 2009 despite numerous calls from injured
Complainants
DONALD P ROACH
Page 7 VERIFIED AMENDED COMPLAINT Attorney at Law
3718 SW Condor Suite 110Portland OR 97239
503 2287306
28 On or about February 13 2009 Complainants contacted Baltic Logistics in Gydnia
Poland regarding their three containers Baltic Logistics requested the storage charges for the three
containers Baltic Logistics then sent an invoice for storage payments
29 Complainants had already made payments for storage and freight of container
MOGU 2051660 and container MOGU 2101987 on January 9 2009 for1500 and made
additional payments March 26 2009 for7065 and April 2 2009 for1635 for a total of
1020000 to IntlTLC Respondent IntlTLC accepted all these payments Complainants also
paid3100 to Baltic Logistics for storage fees Container MOGU 2051660 consisted ofplywood
and 502 cases and 46 drums of motoroil Container MOGU 2101987 consisted of1664 cases and
4 drums ofmotoroil abicycle and childrens clothing
30 Complainant Victor Berkovich and another fellow Ukrainian trucker went in to Port
ofGdynia Poland on or about April 6 2009 to pick up the foregoing containers as per instructio
that was given by the Polish Port authority in Gdynia Poland on April 3 2009 When they arrived
in Gdynia Poland theywere told that none ofthe three containers were there As aconsequence
thereof Victor Berkovich and his fellow Ukrainian trucker returned without any ofthe containers to
Ukraine believing that the containers had been stolen or alienated to some unknown insider
belonging to an organized crime entity
31 After more investigation and inquiry Complainants discovered that all three 3
containers and their contents QIQU 2002520 MOGU 205166 A2101987 had been
liquidated Complainants then discovered that exporter and consignee for the bills of lading for the
three containers were changed to aWasIlington State resident named Oleg Remishevskiy without
Complainants knowledge permission or consent see attached Exhibit 2 3 and 4
32 In June 2009 Complainants received a letter dated May 29 2009 from Respondent
IntlTLC claiming that the three containers were liquidated for payment of unpaid storage andDONALD P ROACH
Page 8 VERIFIED AMENDED COMPLAINT Attorney at Law
3718 SW Condor Suite 110Portland OR 97239
503 2287306
freight charges for the three containers despite the failure ofRespondent to deliver the allegedly
damaged container OIQOIL2002520 in a timely manner thus causing excessive delay in shipping
Respondent IntlTLC subsequently remitted to Complainants acheck for 10200 for freight
charges which Complainant had paid for container MOGU 2051660 and MOGU 2101987 together
with photographs of damaged container Respondents did not give to Complainants any accounting
or remit any proceeds from liquidation of the three containers loaded with high value property
33 Respondents wrongfully liquidated all three containers and all the valuable contents
therein without Complainants permission allegedly for storage and freight charges Respondents
conduct caused the excessive delay of shipment ofthese containers resulting in needless storage
charges Respondent Limco and IntlTLC wrongfully changed the name ofthe exporter and
consignee on the bill of lading without Complainants knowledge or consent Respondent Intl
TLC and Limco have refused Complainants demand for the original or copies of original bills of
lading for container MOGU 2051660 and MOGU 2101987
34 Based upon Complainants information and belief Respondent IntlTLC became
an Ocean Transportation Intermediary and authorized non vesseloceancommon carrier effective
July 24 2008 under License no 021282N
35 Limco Logistics issued abill of lading no LIM 16802 for containerno MOGU
2051660 BIno LIM16802 which showed the freight prepaid but did not disclose the freight
charges The bill of lading issued in Portland Oregon on July 19 2008 falsely showed Oleg
Remishevskiy as exporter and consignee see Exhibit 3 attached hereto
36 Respondent Limco issued abill of lading for container MOGU 2101987 dated July
192008 in Portland Oregon bill of lading no LIM16803 falsely showing Oleg Remishevskiy as
exporter and consignee These bills of lading did not disclose the freight charges but stated that the
freight was prepaid see Exhibit 4 attached heretoDONALD P ROACH
Page 9 VERIFIED AMENDED COMPLAINT Attorney at Law3718 SW Condor Suite 110
Portland OR 97239503 2287306
37 Respondent Limco purportedly acting as agent for IntlTLC issued a bill of lading
for MOGU 2002520 BIno LIM 16090 dated May 9 2008 to Viktor Verkovich sic as exporter
and consignee see Exhibit I attached hereto
38 Respondent Limeo issued an identical bill of lading BIno LIM 16090 as
described in paragraph 31 above to Oleg Rernishevskiy falsely identifying him as exporter and
consignee ofcontainer no MOQU 2002520 see Exhibit 2
39 Respondent HapagLoydAG purportedly issued aSeaway Bill for container
MOGU 200250 dated May 25 2008 Seaway Bill No HLCUATLO8051596 showing Limco
Logistics as shipper and LTIC Sea Logistics sic Baltic Sea Logistics as consignee HLAI is
purportedly shown on said Seaway bill as agent for HapagLloydAG Exhibit 5 This Seaway
bill was produced as an exhibit to HLAIsmotion to dismiss
40 HapagLloydAG purportedly issued aBill ofLading for container noMOGU
2051660 dated July 19 2008 BLno HLCUATL 080733775 showing Limeo Logistics Inc as
shipper and LTIC Sea Logistics sic Baltic Sea Logistics as cosignee HLAI is shown on this Bill
ofLading as agent for HapagLloydAG Exhibit 6 This Bill ofLading was produced as an
exhibit to HLAIsmotion to dismiss
41 HapagLloydAG purportedly issued aBill ofLading for container no MOGU
2101987 dated July 19 2008 BIL no HLCUATL 080733786 showing Limco Logistics as
shipper and LTIC Sea Logistics sic Baltic Sea Logistics as cosignee HLAI is shown as agent for
HapagLloydAG on the Bill of Lading Exhibit 7 This Bill ofLading was produced as an
exhibit to ULAIsmotion to dismiss
DONALD P ROACH
Page io VERIFIED AMENDED COMPLAINT Attorney at Law3718 SW Condor Suite 110
Portland OR 97239503 2287306
IV
INJURY TO COMPLAINANTS
42 As adirect and proximate result ofRespondents violation ofthe Shipping Act
Complainants have been damaged by the loss ofthese containers and high value property therein
The fair market value of the containers and the contents ofthese containers in the Ukraine at the
time of the transport and unlawful liquidation was the sum ofnot less than five hundred thousand
dollars50000000 The actions deeds violations and practices ofHapagLloydAGHLAI
Limeo and IntlTLC described above have severely injured Complainants financially and
Complainants should be awarded twice the amount for a total recovery of100000000 or twice
the amount ofthe actual damages under 46 USC 41305e
V
VIOLATIONS OF THE SHIPPING ACT
43 The egregious actions and deprivation ofComplainants high value property caused
by the Respondents constituted violations ofSection 10 ofthe Shipping Act as amended and the
Commissions Regulations by failing to establish observe and enforce just and reasonable
regulations and practices related to receiving handling and delivering property in violation of
Section 10d1 of the Shipping Act in the following particulars
a Respondents made certain promises to Complainants to return a damaged
container while it was in Respondents custody A1Q0V 2002520 Complainants relied upon
Respondents promises to return the said damaged container at its expense before shipping it to
Poland but the Respondents failed to do so The concerted actions ofRespondents to perpetrate
and perpetuate thisproblem by shipping the damaged containerwithout allowing Complainant to
repair it therefore unlawfully defrauds Complainants by unlawfully disposing of the damaged
container and two other containers all loaded with high value propertyDONALD P ROACH
Page I I VERIFIED AMENDED COMPLAINT Attorney at Law3718 SW Condor Suite 110
Portland OP 97239503 2287306
b Respondents after damaging the container entrusted to them MOGU
2002520 engaged in apattern ofwillful and deceitful misinformation regarding the containers
whereabouts the nature and extent of the damage and its arrival time at port ofdestination in
Gdynia Poland The Respondents failed to adequately disclose and inform Complainants regarding
their valuable property in the container
C Respondents did not provide Complainants with proper and lawful
documents ofownership bills of lading at or near the time of shipping nor the terms and
conditions of transport in a timely manner even though Complainants paid Respondents and
resulting in the loss of all oftheir three 3 containers MOGU 200252 MOGU 2051660 MOGU
2101987 and their valuable contents Respondents failed to deal in good faith and provide proof of
ownership with a correct original bill of lading and contract of transport in a timely manner to the
Complainants
d Respondents engaged in a sophisticated and coordinated scheme to defraud
unsuspecting Complainants of their high value property the foregoing three 3 containers whose
combined fair market value at their ultimate destination in Ukraine in the sum of5000000five
hundred thousand dollars at the time of transport in May 2008 despite the fact that Complainants
paid Respondents for transport and costs demanded from the Complainants
e Complainants received the bill of lading front page only for the damaged
container MOGU 2002520 on or about November 15 2008 five months after shipping and
Complainants never had received abillof lading for the other two containers MOGU 205166 and
MOGU 2101987 though they paid the shipping costs for these containers Respondents failed to
provide good faith Complainants with the proper and timely transport documents and any
transportation agreements
Page 12 VERIFIED AMENDED COMPLAINTDONALD P ROACHAttorney at Law
3718 SW Condor Suite 110Portland OR 97239
503 2287306
f Respondents engaged in false representation ofamaterial fact by changing
Complainants bills of lading for two 2 containers MOGU 205166 andMOGU2101987afler
the time ofs1lipping on July 19 2008 to aWashington State resident named Oleg Remishevskiy
showing him as exporter and consignee when in fact Complainants were the exporter and
consignee
9 Respondents changed Complainants as exporter and consignee in the bill of
lading issued to Complainants Victor BerkovichQIQQU 2002520 to another person Oleg
Remishevskiy without the consent or permission of Complainants
h Respondents engaged in excessive unreasonable and unnecessary fee
scheming against unsuspecting and inexperienced Complainants and exploited their unfamiliarity
with Respondents shipping process by demanding false excessive and unearned shipping charges
even though Respondents had already wrongfully changed the consignee name on the bill of lading
to Oleg Remishevskiy
Respondents engaged in a liquidation scheme ofComplainants three 3
containers and high value contents referred herein as MOGU 2002520 MOGU 2051660 and
MOGU 2101987 consisting of valuable property with a fair market value in Ukraine ofabove
50000000 at the time of shipping in 2008 resulting from changing the bills of lading from the
name of Complainants as exporter and consignee to the nameof an unknown party Oleg
Remishevskiy
Respondents have engaged in fraud against Complainants by first
liquidating the foregoing three 3 loaded containers in favor ofOleg Remishevskiy presumably
known to Respondents and then providing fraudulent written statements detailing the said
liquidation procedures to Complainants Respondents liquidated Complainants valuable
property and defrauded Complainants oftheir three 3 highly valuable loaded containersDONALD P ROACH
Page 13 VERIFIED AMENDED COMPLAINT Attorney at Law3718 SW Condor Suite 110
Portland OR 97239
503 2287306
k Respondents willfully and knowingly have conspired to do all ofthe above
described violations thus resulting in the total loss of Complainants three 3 containers aforesaid
These willful knowing fi7audulent unreasonable and manifestly unfair actions ofRespondents
actively pursued against the unsuspecting Complainants constitute violation ofSec 10 and Sec 11
ofthe Shipping Act
1 Respondents actions violated the reasonable shipping process by their
refusal to provide information to the injured Complainants as to the whereabouts ofthe containers
for many months either by direct telephone contact oftheir agents or any written documentation
concerning the whereabouts ofthe three 3 containers aforementioned
M Respondents liquidated Complainants three containers in a commercially
unreasonable manner and without proper notice to Complainant Respondents have failed to
account for proceeds from the alleged liquidation ofthe three containers and contents therein nor
remitted any surplus ftmds from liquidation sale to Complainants
44 Respondent IntlTLC knowingly and willfully accepted Complainants cargo as an
ocean transportation intermediary when it wasnot licensed and did not have bond insurance or
other surety on May 9 2008 to July 20 2008 as it would have been required by Sec 8 and See 19
of the Shippin Act and violation ofSec 10b2I1g
45 Respondent IntlTLC engaged in unlawful shipping practices and represented itself
as anonvessel ocean carrier and an ocean freight forwarder prior to July 24 2008 without a
license in violation of Sec 19 ofthe Shipping Ac and 46CFRSee 5153and Sec 520
46 Respondents Limco and IntlTLC provided services not in accordance with then
published tariff and service contract entered into Section 8 of the Act in violation ofSection
10b2Aof the Shipping Act
DONALD P ROACH
Page 14 VERIFIED AMENDED COMPLAINT Attorney at LqW3718 SW Condor Suite 110
Portland OR 97239503 2287306
47 Respondents provided a service and engaged in unfair practice in their loading or
unloading of freight as alleged in paragraphs613 above in violation of Section10b4Dofthe
Shipping Act
48 Respondents engaged in unfair shipping practice by unreasonably refusing to deal or
negotiate and settle Complainants claims for damages to container MOGU 2002520 and loss of all
three containers in violation of Section10b4Eand Section 10b10 of the Shipping Act
49 Respondents Limco and HapagLloydAGand HLAI knowingly and willingly
accepted cargo from an ocean transportation intermediary IntlTLC that did not have abond
insurance or other surety from May 9 2008 to July 23 2008 in violation ofSectionI0b1112
ofthe Shipping Ac
50 Respondents Limco and IntlTLC knowingly disclosed valuable information
concerning the nature kind quantity and destination ofproperty delivered to them by Complainants
to a third party identifying Complainants as shipper and consignee without Complainants consent
in violation ofSection 10b13 of the Shipping Act
VI
PRAYER FOR RELIEF
WHEREFORE Complainants respectfully request from this Honorable Commission that
Respondents be required to answer the charges in this Complaint and that after Commissions
investigation and hearing Respondents each of them be ordered as follows
Pay the severely injured Complainants by way ofreparations for the unlawful
conduct described above the sum ofno less than 50000000five hundred
thousand dollars for actual injury and 50000000 for additional damages under 46
USC 41305c
ii Pay any other damages that maybe determined proper and justDONALD P ROACH
Page 15 VERIFIED AMENDED COMPLAINT Attorney at LLw3718 SW Condor Suite 110
Portland OR 97239503 2287306
iii Take any such other action or provide any other such relief as the Honorable
Commission determines to be warranted under the circumstances and
iv Pay Complainants reasonable attorney fees and costs incurred here
VII
PLACE OF HEARING
The Complainants desire here and respectfully request that the hearing be held in Portland
Oregon
VIII
ALTERNATIVE DISPUTE RESOLUTION
The FMCsinformal dispute resolution procedures have not been used prior to the filing of
this Complaint Attorney for Complainants has not had any preliminary consultations with the
Commissions Dispute Resolution Specialist regarding the availability of alternative dispute
resolution ADR under the FMCs ADR program 46CFRSec 50262E
DATED this 13 day ofOctober 2010 in Portland Oregon
Respectfully submitted by
D tg4qDONALD P ROACH
DONALD P ROACH
Attorney for Complainants3700 Barbur Bldg3718 SW Condor Suite 110
Portland OR 97239
e
LYAKOV KOBEL
ComplainantResidence and Post Office Address
14333 SE Steele StPortland OR 97236
VICTOR BERKOVICH
Residence and Post Office Address
14333 SE Steele St
Portland OR 97236
Page 16 VERIFIED AMENDED COMPLAINTDONALD P ROACHAttorney at Lkw
3718 SW Condor Suite 110Portland OR 97239
503 2287306
VERIFICATION
We verify that we are the Complainants in the aboveentitled action and that we are
authorized to make this verification that we have read the foregoing Verified Complaint and that
the allegations in the Verified Complaint are true and correct to the best of our knowledge We
declare under penalty ofpeijury that the foregoing is true and correct
DATED this 13 day ofOctober 2010 in Portland Oregon
YAKOV KOBEL
VICTOR BERKOVICH
STATE OF OREGON
ss
County of Multnomah
Yakov Kobel and Victor Berkovich being first duly swom on oath depose and say that theyare the Complainants in the aboveentitledaction and that they are the persons who signed the
foregoing Verified Complaint that they had read the said Verified Complaint and that the facts
stated therein upon information received from others affiants believe to be true and correct
SUBSCRIBED and swornaffirmedto before me LcJ Vo6ej yAv PpfcojcL a
Notary Public in and for the Sate ofOregon in the County ofMultnomah on thisJtdayof
October 2010
Notary Publics Signature 01ZMy Commission Expires 2 L
DONALD P ROACH
Page 17 VERIFIED AMENDED COMPL AttorneyatLLwa SW Condor Suite 1109M Portland OR 97239
503 2287306
11132008 1154 FAX 2534478418A
inito Logistics Inc2XXIORTFA v
VERKOVICH VIKTOR
14333 SE STEEL ST Tel 5035443263PORTLAND OR 97236 UNITED STATE
VERKOVICH VIKTOR
CHERNOVITSKAYA OBLSTOROZHENETSKIY RONS CHUDEI UKRAINE
SAMEASABOVE
I BOSE Portland
16784123
0 61
BILL OF LADING
Ll
FWAHUWVJINI1
Limco Logistics Inc as agent to International TLCPO BOX 1447 Tel 253 9513869SUMNER WA 98390 UNITED STATES
TFTATE OFMOM OR FIZ NUMBER
WA4 USA
LTIC Sea Logistics SP ZOOULKVIATKOWSKIEGO 60181150Tel 4858 6213261GDYNIAPOLAND
1911 R
Gdynia I I Vessel Contalnedzed I Yea X No
WRUANONUMS Num
I0rnQN0FC0MMQVJTKS momwoomT MADAehrr
OFP K151 1 19 m 1 0 1 m
MOGU2002520 46 Ft High Cube STC1220 PLYWOOD 055
4 WLDRNSS901 WLDRNSS 250 CAMO 87DOOOKG
AESITN080513035025
DECLAREDVALUE RWMMERECONCNNGMFRMHTMOCMRIMBUMTATCNOFL
FREIGHT RATES CHARCES WEIGHTS ANDIOR MEAGUR EMENTSPREINC coa RVed whe CfrHwtrmby vmd IN pwI of
FREIGHT PREPAIDEX ESPR S HE3L
SEATTLEmTmT
ENT FC THE CMAIEA
MAY 09 2008
mol DAY YEAR
USDI I LIM16090
PLAINTIFFSEXHIBIT
1 1
INTERNAT10NALTLC INC
A
Lfmco Logistics Inc
REMISHEVSKIYOLEG7008 183RD AVE EBONNEY LAKE WA 98391
REMISHEVSKIY OLEG
TOLSTOGO STREET 1415
VINNITSA UKRAINETEL 0432 675015
SAME AS ABOVE
16784123
BILL OF LADING
Limco Logistics Inc as agent to International TLCPO BOX 1447 Tel 253 9513869SUMNER WA 98390 UNITED STATES
POINT STATE OF ORIGIN OR FTZ NUM DER
WA USA
Baltic Sea Logistics SPZOOULKVIATKOWSKIEGO 6081156 Tel 4858 621 3251GDYNIA POLAND
VA dlkePV14 X INUGMKIlH 15 PCRTOF LOADING PORT Q0 WANNG FIER ITERMIJNA
LISBON EXPRESS 808E Portland gO ifAlv
Gdynia Ila MkT1590 I Vessel Containerized YesX No
MARKSAND NUMBERS
OejqBMR4 DESCRIPTION OF COMMODITIES GROSSWEIGHT MEASUREMENT
MOGU2002520 rip 40 Ft High Cube STC0 PLYWOOD OSB
4 WLDRNSS901 WLDRNSS 250 CAMO 8700OOKG
AES ITNX20080513035025
DECLAREDVALUE READLZJSEgHERECONCMNItIGRAFROGHTMOCRfMSUMITATQNOFLMILFREIGHTRATES CHARGES WEIGHTS
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DATE AT SEATTLE2
AGENTFOR THE CAN
MAY 09 2008
Mo DAY YEAR
BILN
LIM16090
r isin tics Inc BILL OF LADING
E r8RISHEVSKIY OLEGREM
7008 183RD AVE E
BONNEY LAKE WA 98391ZJPCODE
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USAOR
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LISBON EXPRESS I813E44 1IrrPEOFMWE 11CONTAWEF Vdy
rlh Vessel Containerized Yesx 140
MARKSANONUMBMS 9ER 1PA VL08
021 Z
MOGU2051660 ube STC40 A High C
5814064 PCs ofOdBplywood 900000Kg
502cases ofmotor oil 1748000Kg
46 dfums
AESrrNX20080718044663
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cologisfics Inc
PEMISHEVSKY OLEG
C 7003183RDAVEEBONNEY LAKE WA 98391
BILL OF LADING0C DUENTNUMEER 5211NIJMOER
117454520 1 LIM16803
3CQNSIG4ED TO
REMISHEVS MY OLEG
TOLSTOGO STREET 14115VINNITSA UKRAINE
TEL 0432 675015 S PONT STATEOFORIGINORFTZNUM3q
ORi USA4N0TFyPARTYBNTERMEDATECONSJGNEE 9 DOMESTIC ROIITINGIRTWUCTIONS
LTIC SEA LOGISTICS SP ZOO
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100GDYNIA POLANDTEL 4858 6213251
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MARKSANDMUM13ERS
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GROSS
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2600000kg
drecUyirwUywNchwdbeLHaMLffdxUHdppiMDECLARED VAWE READ CLAIJSE ZHEREOF CONCERN ING DaRA FREIGHTAND CARRIER SLIMITATION OF UAIILITY
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SUSJ2CTTQ CORRECTION FRERAo COUZ T
FREIGHT PREPAIDt4EXPRESSHBL
INW7TNESSVVHEREOFV
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GRANDTOTAL
50 1 Vessel Containertzed
DESCRVnON OF COMMODITIES
e 1 40 Ft Hig Cube STC
s s ofmotoroil4 drums
I TTA250E childrensbike1iol 1 used clothing and shoes adult and children
EXHIBITArFAT PORTLAND
AGENTFORTfiE ER
July 19 2008
DAYmo YEAR
LIM16803
Sea Waybill
IFC0 LOGISTICS INCL114L 606550 BISCAYNE BLVD SUITE
3058995100
mxp41 FL 33181 UNITED STATES
Export References
EXP15640
m
LTIC SEA LOGISTICS SP ZO0
ULKVIATKOWSKIEGO 6081156TEL 4858 621 3251
GDYNIA POLAND
port or Port to Port Shipment
4W HapagLjoyd
8
Notify Address Carder not responsible for failure to notify Consignees Reference
SAME AS ABOVEPlace of Receipt
X
Vessels VoyageNo
HELSINKI EXPRESS 809B Placeofllhiery
C1Port of Loading
PORTLAND OR 0Port of Discharge
GDYNIArairaNrlsSealNMftanll No Nurner andl lKindot Packages Desixttion ds GsVyeighl MeasurernenLI I IMOGU2002520 40 FT HIGH CUBE STC CD
SEAL5659782 1220 PLYWOOD OSB
4 WLDRNSS 901 WLDRNSS 250 CAMO
8700OOKG 7AES XTN201370495LIM16090 z
FREIGHT PREPAID 0
THESE COMMODITIES TECHNOLOGY OR SOFTWARE WERE EXPORTED FROM zTHE UNITED STATES IN ACCORDANCE WITH THE EXPORT ADMINISTRATION m
REGULATIONS DIVERSION CONTRARY TO US LAW PROHIBITED NLR
SHIPPERS LOAD STOW WEIGHT AND COUNTSHIPPED ON BOARD DATE MAY252008
Shippers declare1lue see clairse71and72Total No of Cilntainers reoeixby the Caffier
IF
I
ISO 200 CTR
CSF 700 CTR
BAF 7000 CTR
MSC 25000 CTR
ACD 50600 CTR
LUMP SUM
363500
or
I P 2001 P 7001 P 70001 P 25000
1 P 606 00
P 270000
res6onsiWityell
MAY2520081 EXHIBIT
11 5ED CARRIER
a Freight 001FORABOVE NAM
3635HAPAGLLOYD AMERICAINCAS
iAurg Bill of Lad
jr4co LOGISTICS INC
12550 BISCAYNE BLVD SUITE 606F14EAMIFL33181UNITED STATES
Consignee not negotiable unlessconsigned to ea0ar
LTIC SEA LOGISTICS SP ZO0
ULKVIATKOWSKIEGO 601811156GDYNIAPOLAND
Notify Address Carrier not responsible for failure to notifr seeclause201
LTIC SEA LOGISTICS SP ZO0
ULKVIATKOWSKIEGO 6081156GDYNIAPOLAND
LISBON EXPRESS 813EI Place ofD11Wry
GDYNIAbmmrllosSaal Nos Marks and NO Nunober antl Kine 0Packages Desuiption at l3oolls I Gicas Weight
I COST 40X86GENERAL PURPOSE CONT SLAC
MOGU 2051660 548 PACKAGES 174802
SEAL 502 CASES AND 46 DRUMS OF KGM
5814064 MOTOR OIL
ITN X20080718044668
SLAC Shippers Load Stow Weight and Count
SHIPPED ON BOARD DATE JUL192008PORT OF LOADING PORTLAND OR
VESSEL NAME LISBON EXPRESS
FREIGHT PREPAID
SHIPPERSLOAD STOWAGE AND COUNT
ALL CHARGES PREPAID
Shippersdealared oilue see dause7l and72
Padkages nectivedl by the earner Htt5zvplilhim
FCL
0
603900
port or Port to Port Shi
4M HapagLloydPage
18787255 HLCUATLO80733775 2
Export References
E4SF78D5FGC7485687D5F42FD6518DI4
Agent
COPY
KENNESAW JUL19200Freight payable at Nu bar of original BSIL
PORTLAND I71Fmght FOR ABOVE NAMED CARRIER
603900HAPAGLLOYD AMERICAINCAS
PLAINTIFFSEXHIBIT
0 41Lloyd Aktiengesellschaft Hamburg 4W HapagLfoyd
Page 3 3
BLNo HLCUATLO80733775THESE COMMODITIESTHE UNITED STATES
TECHNOLOGY OR SOFTWARE WEREIN EXPORTED FROM
REGULATIONS DIACCORDANCE WITH THE EXPORT ADMINISTRATIONVERSION CONTRARY TO U S LAW PROHIBITED NLR
Charge Rate Basis WMV Curr Prepaid CollectTMNL SECURITY ORIGCARR SECURITY FEE
200 CTR 1 USD 200SULPHUR FUEL SURCH
7001800
CTRCTR
II
USDUSD
700BUNKER CHARGEEMERGENCY BAF
225600 CTR 1 USD1800
225600MERCHSUPCTRPREM
2000025000
cTRCTR
1I
USD
US20000
ARBITRARY DEST 60600 CTR ID
USD25000
LU14PSUM 60600USD 270000
PLAINTIFFEXHIBIT
FIMCO LOGISTICS INC1 32550 BISCAYNE BLVD SUITE 606
MCAMIFL33181UNITED STATES
Bill of Ladi
iff HapagLloyd
Consignee not negotiable mass rignrd lo order
LTIC SEA LOGISTICS SP ZO0ULKVIATKOWSKIEGO 6081156GDYNIA
POLAND
NOUTY A00ress Camer not responsible to failure to redly sea
LTIC SEA LOGISTICS SP ZO0ULKVIATKOWSKIEGO 6081156GDYNIAPOLAND
LISBON EXPRESS
Export References
AC395C66641364313FS13167CDOB30EFOS
11
813
GDYNIA
fGWeilht II CONT 40IX816 GENERAL PURPOSE CONT SLACMOGU 2101987 1664 PACKAGES 50265396SEAL 1664 CASES AND 4 DRUMS OF LBS5753185 MOTOR OILITN X20080718055210
SLAC Shippers Load Stow Weight and Count
SHIPPED ON BOARD DATE JUL192008PORT OF LOADING PORTLAND ORVESSEL NAME LISBON EXPRESS
FREIGHT PREPAIDSHIPPERSLOAD STOWAGE AND COUNT
ALL CHARGES PREPAID
aNewe cause71and
1
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ENN 19 0KENNESAW JUL192008Freight payable at Number Of original 8SIL
PORTLAND 3TTotalFneT
at Freight
Pleplidotal Freight Called FOR ABOVE NAMED CARRIERTotal Freighj
603900 6 9HA YD AMEi 0 HAPAGLLOYD AMERICAINCAS6039 00
EXHIBIT
igLfoyd Aktiengesellschaft Hamburg
Page 3 3
HapagLloyd
BLNo HLCUATLO80733786THESE COMMODITIESTHE UNITED STATES
TECHNOLOGY OR SOFTWARIN ACCORDANCE WE WERE EXPORTED FROM
REGULATIONS DIITH THE EXPORT ADMINISTRATIONVERSION CONTRARY TO U S LAW PROHIBITED NLRCHARGE
RATE BASIS WMV CURRSECURITYORIG 2OOC
PREPAID COLLECTCARR SECURITY FEE
TR700 CTR
II
USDU
200SULPHUR FUEL SURCH 1800 CTR I
SDU
700BUNKER CHARGE 225600 CTR I
SD
U1800
EMERGENCY BAFM 20000 CTR I
SD
US225600
ERCHSUPCTRPREM 25000 CTR ID 20000
ARBITRARY DEST 60600 CTR 1USD 25000
LUMPSUM USD 60600USD 270000
PLAINTIFFSEXHIBIT
tN I
CERTIFICATE OF SERVICE
The undersigned declares under penalty ofpedury that the following is true and correct
1 1 amover the age of eighteen years and I amnot aparty to this action
2 On OctoberL312010 Iserved a complete copy of the Verified Amended Complaint of
Yakov Kobel and Victor Berkovich to the following parties at the following addressees postage
prepaid
Via Federal Express Via US Post First Class Mail
Secretary Alexander Barkvinenko
Federal Maritime Commission Registered Agent800 North Capital Street NW International TLC Inc
Washington DC 20573 16402 29th St East
Lake Tapps WA 98391
Wayne Rohde EsqAttorney for HapagLloydAmerica Inc
CozenOConnor
1627 1 Street NW
Suite 1100
Washington DC20006
United States
Ronald Saffner EsqAttorney for Limco Logistics Inc
110 Wall Street
I lth FloorNew York NY 10005
HapagLloydAG
399 Hoes Lane
PiscatawayTownship NJ 08854
DATED October 132010
By 0 PDonald P Roach Esq3 718 SW Condor Suite 110
Portland OR 97239
donroachlaw@yahoocomAttorney for Complainants
DONALD P ROACH
Page I CERTIFICATE OF SERVICE Attorney at Law3718 SW Condor Suite 110
Portland OR 97239503 2287306