UNIVERSITY OF HOUSTON

ENVIRONMENTAL PRACTICUM

APRIL 17, 2017

DAVID GERGER

QUINN EMANUEL URQUHART & SULLIVAN, LLP

95%

NO

NO

NO NO

NO

NO NO

NO

NO

NO NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO NO

YES

5

7

TASK FORCE

USA V. BOB KALUZA & DON VIDRINE

•

•

10

• 11 men died; 22 counts of manslaughter

• 11 counts Involuntary Manslaughter (18 U.S.C. §1112)

applies to all persons but requires “reckless disregard

for human life”

• 11 counts Seaman’s Manslaughter (18 U.S.C. §1115)

applies to specific persons but requires only

“ordinary negligence”

USA V. KALUZA & VIDRINE

11

• “Cpt, Pilot, Engineer, or other person employed”

• Moved to dismiss on ejusdem generis:

general words following specific words mean to include

objects similar to the preceding specific words

• District Court dismissed and Fifth Circuit affirmed.

That left 11 counts of Involuntary Manslaughter

and 1 Clean Water Act misdemeanor

SEAMAN’S MANSLAUGHTER

12

• Involuntary Manslaughter (§1112) requires “reckless

disregard for human life”

• We asked new DOJ Fraud Section Chief and trial prosecutors to reconsider/reinvesitgate

• DOJ did … &

• dismissed these manslaughter charges

PROSECUTORIAL DISCRETION

13

• “Negligent” water pollution is a misdemeanor

• Don Vidrine pled guilty for probation

• Bob Kaluza went to trial in February 2016

USA V. KALUZA: TRIAL ON CWA COUNT

“KEY POINTS” DURING TRIAL

1. WE GOT INDIVIDUAL VOIR DIRE

2. THE BLESSING (A ROADMAP) AND THE CURSE (BIAS) OF

EARLIER CIVIL REPORTS/LITIGATION

3. LITIGATION OVER WHETHER EMAILS ARE BUSINESS RECORDS:

THEY AREN’T NECESSARILY

“KEY POINTS” DURING TRIAL CONT.

5. CO-DEFENDANT VIDRINE PLED GUILTY TO TESTIFY “AGAINST” US

BUT ALSO HELPED US: ON CROSS, WE MOVED TO EXCLUDE HIS

PLEA/DEAL & TRIED TO PUT THE JURY BACK IN TIME TO BEING ON THE

RIG THAT NIGHT.

6. OUR CLIENT DID NOT TESTIFY “LIVE” – BUT HE DID BY RECORDED

STMT TO USCG

Defense Demonstrative

“If the well doesn’t flow …

It’s not gonna blow.”

VERDICT?

SLOW

DOWN

"You've looked through Dr. Evans'

charts?"

(yes)

“And he always recorded the

patients' prior injuries and medical

problems, didn't he?"

(Yes)

"You've looked through Dr. Evans'

charts?"

(yes)

“And he always recorded the

patients' prior injuries and medical

problems, didn't he?"

(Yes)

23

31st Annual National Institute on White Collar

Crime

Miami, FL

March 8, 2017 David Gerger

Defendants lose in the film Deepwater Horizon