The US military's seizure of a “dark fleet” tanker carrying an embargoed shipment of Venezuelan crude oil marked a fundamental change in the US approach to dealing with the problem of smuggled Iranian, Venezuelan and Russian oil.
In my Saturday post, I outlined how a network of at least 397 tankers, ranging from supertankers to short-haul tankers, operates outside the bounds of international law; see 'Dark Fleet' tanker seized near Venezuela was delivering sanctioned oil to China, House committee says – RedState. The administration received an arrest warrant (see. Terrorism law comes into force: feds unseal order to seize tanker – RedState), and allegedly confiscate the MT SKIPPER and its cargo based on US law, in particular,
- 18 US Code § 2339B(a)(1): Material support for a foreign terrorist organization
- 18 US Code § 981(a)(1)(G)(1): Civil forfeiture of foreign and domestic property belonging to persons “planning or carrying out” terrorism,
- 18 USC § 2332b(g)(5): Commission on Terrorism and
- 18 USC § 981(b): Asset Forfeiture.
This opens up the possibility of returning to operation an institution with a long history: the Court of Prizes.
At the height of the age of sail, so-called prize ships existed in all maritime countries. These institutions, often consisting of a single judge, were responsible for disposing of enemy warships, privateers, merchant ships, and blockade runners. It was the prize ships that converted captured enemy ships into money.
This is how prize courts worked. The captured ship was taken to the harbor where the court had jurisdiction. The first step was to rule on the legality of the seizure. At this stage, the owner of the ship could challenge the seizure, and if the owner could prove that the ship was not contraband, the captain who delivered it would be personally liable for damages resulting from the seizure and the delay caused by the seizure and a lawsuit for the winnings.
As in modern civil asset forfeiture cases, the court heard the case in real condition, that is, “against the thing.” A modern civil asset forfeiture case might be called USA vs. One Solid Gold Rooster Shaped Objectprize case may be USA vs MV Minnowor in this case, MT Skipper.
- The jury is out. Under US law, a federal district judge can administer the prizes.
- There is a presumption of guilt. The owner of the ship must prove that the ship was seized illegally. If the owner fails to show up, the ship will automatically be confiscated as a prize.
- Condemned prizes and their cargo are sold at auction.
Now comes the best part: the prize money is divided between the government and the forces that carried out the takeover.
According to Royal Navy rules, the money remaining after payment to the prize agent for the sale of the ship and cargo was divided according to fixed hierarchy.
- Two eighths went captain or commander. This often helped them become rich and powerful.
- One eighth went admiral or the commander-in-chief who gave orders to the ship. (If orders came directly from London, this eighth also went to the captain). [Editor's note: The commander-in-chief, in the case of the MV Skipper, would correspond to the USSOUTHCOM commander.]
- One eighth was divided between lieutenantssailmaker and Marine Captain.
- One-eighth was divided among wardroom warrant officers (such as the surgeon and purser), permanent warrant officers (such as the carpenter and boatswain), the Marine lieutenant, and the captain's mates.
- One-eighth was divided among the junior warrant officers and petty officers, their assistants, Marine sergeants, the captain's clerk, assistant surgeons and midshipmen.
- The last two eighths were shared among the rest of the team. Experienced sailors received more shares than ordinary sailors, farmers and boys. For example, a skilled sailor received two shares, an ordinary sailor received one and a half shares, a landowner received one, and a boy received half a share.
To keep cut-throat competition to a minimum, the prize was divided among each ship “in sight” of capture. Britain awarded its last prize money during World War II. Even then it was losing control of its masculinity. The money went to “We“The fund is for the benefit of all seafarers.
A successful cruise could make the captain very rich. The Commander-in-Chief of a very active station like the West Indies would become incredibly rich.
What are we looking at in terms of potential? cash flow? The oil seized aboard the MT Skipper is valued at approximately $100 million. The ship itself is valued at approximately $80 million. 143 “dark fleet” supertankers such as the MT Skipper would cost a staggering $25.7 billion. The remaining tankers of all classes cost approximately the same. Moreover, if the US government were to purchase the ships, it would solve the intractable problem of supplying American troops in the Pacific with fuel during the war. In a Napoleonic Wars scenario, the USSOUTHCOM commander would have received over $3 billion. According to US law, lupdated 1862the prize fund allocated for the capture of MT Skipper will be half the sale price; the other half will go to the government. Production section is:
The ship's share was divided into 20 parts, of which the captain took 3, if he did not have to share with a superior, when it became 2, the officers divided 2, warrant officers – 2, petty officers – 3, petty officers – 3, sailors and marines – 7.
The 3/20 share due to USS Captain Gerald R. Ford would be worth approximately $3.8 billion. Each Sailor and Marine on the task force will receive more than $600,000. Ceiba, Puerto Rico, would never recover from the visiting fleet.
Unfortunately, Congress voted to stop paying prize money to U.S. sailors and Marines. March 1899but as President Trump has shown, there are ways to get around the laws if the president is so motivated. I think a case can be made that the bounty abolition law is an unconstitutional encroachment on the president's powers both as commander in chief and as head of the executive branch that deals with the sale of banned bounties. At the very least, it would be interesting to see how anyone who sues to stop the distribution of prize money is prosecuted.
President Trump wants to reduce the national debt without raising taxes, and Secretary of War Pete Hegseth wants to bring back the warrior spirit. I argue that the establishment of prize ships and no restrictions on the season or size of dark fleet ships could bring stunning success to both men, while limiting the revenue streams of Venezuela and Iran and limiting China's ability to wage war.
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