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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

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

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

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

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


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


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



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



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


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

VERIFIED AMENDED COMPLAINTDONALD P ROACHAttorney at Law


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


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

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

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

VERIFIED AMENDED COMPLAINTDONALD P ROACHAttorney at Lkw


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

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

StlBIECTTOCORRECTlON

FREIGHT PREPAIDEXPRESS HBL

GRANDTOTA

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IN WITNESS WHEREOF dy3aisBillsdLielPLAINTIFFSEXHIBIT

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

1 CONSiSNED TO 7FORWDMGAGENT NavxfENT

REMISHEVSKIYOLEGTOLSTOGO STREET 14115

UKRAINEVINNITSATEL 0432 675015 P Ra POINT STATE OF CRIG14 OR NUMBIM1TAT IN

USAOR

4 NOTIFYPARTYANTMUMATEECONSIGNIM Nem7d VG E1OBDCMMCROUnNGEORTLNSTRUGPONSLTIC SEA LOGISTICS SPZ00

UL KWIATKOWSKIEGO 6018114560

same as above GDYNIA POLAND 1TEU 4858 6213251 11

SIVKRZYSTOFFICTC bRER1F EBY 13PIACEOFRTBYPRE

140 NG AUUAINAl

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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FROGHTRATES CHARGES WEIGHTS

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cologisfics Inc

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117454520 1 LIM16803

3CQNSIG4ED TO

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2600000kg

drecUyirwUywNchwdbeLHaMLffdxUHdppiMDECLARED VAWE READ CLAIJSE ZHEREOF CONCERN ING DaRA FREIGHTAND CARRIER SLIMITATION OF UAIILITY

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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


ULKVIATKOWSKIEGO 601811156GDYNIAPOLAND

Notify Address Carrier not responsible for failure to notifr seeclause201


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

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SHIPPERSLOAD STOWAGE AND COUNT

ALL CHARGES PREPAID

Shippersdealared oilue see dause7l and72

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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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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

cc os original amended complaint.… · cc os original received lmooct ... respondents are doing...

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