My yacht is impounded

[Megaptera777]

Wow. I'll try to be kind here (but not):
First, I wouldn't let my best friend take my boat out of the marina alone let alone my "mechanic" across an ocean for liability/injury reasons. How well did you know this "mechanic"? What in the world were you thinking?
Second, the authorities may well consider you an accessory to the crime and charge you as well. What's to say you didn't agree to a percent of the "take"?
Good luck, but you may as well kiss your boat bye-bye.

[erie]

Originally Posted by gibsonih

In 2020 I gave my mechanic permission to use our yacht so that he could accompany a charter fleet across the Atlantic. Or so he said.
Our yacht was boarded west of the Canaries and a large consignment of drugs were found on board.
He was arrested, and as far as we know our yacht is still impounded in the Canaries.
Quotes to engage a Spanish lawyer were about the same value as the yacht, so we didn't pursue the legal route.
No one has contacted us.
Can anyone offer advice as to how to reclaim our yacht?
Yacht is registered in Croatia. We live in South Africa.

If you loaned your car to someone and it was involved in a accident you are responsible and iam sure your boat will be treated the same way.
You better hope that they don't charge you for conspiracy.

[rjwdoc]

Originally Posted by ArmyDaveNY

I was curious about that, and did some homework. What I found was interesting. First, if your boat is U.S. flagged, the U.S. Coast Guard can stop you anywhere in the world (I suspect this is the case with many other countries and their flagged vessels, although I don't know that for sure). Next, other countries may stop a U.S. Flagged country IF they have an agreement with the U.S., and in that same agreement the U.S. can stop other flagged vessels covered under that agreement.

Interestingly, the U.S. Coast Guard may stop U.S. and other vessels in the national waters of countries that participate in the above mentioned agreement in many, but not all, situations.

Not having read the details of the agreements, there are fine points that I haven't discussed, however that is the gist of the law. I was rather surprised since I assumed, incorrectly, that once in international waters I was not to be stopped. Oops.

We are everybody’s bitch!

[CarinaPDX]

I would hope it is clear that accompanying a charter fleet is pure nonsense. In thinking about their timing, the crew rushed across the Atlantic late in the winter season in order to pick up drugs in the Caribbean and then return with the large number of boats crossing back at the end of the season, hoping to get lost in the crowd. Since the boat was tagged when the smugglers first came aboard in Croatia, they were repeatedly boarded and searched in the Caribbean and no doubt thought better of taking on drugs there. Why they thought they wouldn't be noticed heading south from the Canaries and then returning is a bit puzzling - yes, I think they can be criminal and bone-headed at the same time.

The boat is flagged in Croatia so it is questionable if the South African government would be interested in getting involved - it is not one of theirs. I can't imagine that the Croatian government would have any interest in spending time/money to help recover the boat for a foreign owner either. And virtually everyone will suspect that the owner had at least tacitly allowed his boat to be used for smuggling so it is an uphill battle.

The OP claims that the lawyer would cost as much as the boat is worth, so doesn't want to hire one. I think this is a mistake: the value of a Spanish lawyer representing him in the Canaries is more than about recovering the boat; it is about keeping him out of jail as well, and that should be worth a lot. And it should be obvious that showing up in person is incredibly risky, as if they have any suspicions they will consider him a flight risk and take his passport and keep him there. The lawyer is a bargain by comparison.

Greg

[mlspadaro]

Wow! I wish someone would lend ME their yacht to make a crossing!! I can't imagine doing that myself unless they were a lifelong friend and sailing companion.

[ArmyDaveNY]

Originally Posted by rjwdoc

We are everybody’s bitch!

Thank you for the laugh. It made my day. Oh wait, now that I am done laughing, I find it also sad!! Thanks again.

[Carl-T705]

Well there is a bright side... Since you don't have a yacht, you shouldn't need that mechanic again, and good mechanics are hard to find. Maybe you should be hopeful that you don't have to travel 4000 miles under a subpena to testify that you just lent a mechanic a yacht to transport drugs in as a favor because you are a nice person and not a partner in a planned international crime.

[C420sailor]

Originally Posted by rjwdoc

We are everybody’s bitch!

Correct.

There is also some international treaty law at play. That’s why you’ll see the US Navy doing VBSS in international waters. There are some crimes that are universally illegal, and any nation can investigate—regardless of flagging. Apparently, claiming that you aren’t flying under ANY flag makes you subject to everyone’s laws. No bueno!

I dated a Navy JAG back in the day, and she specialized in this law...and it was very eye opening.

[surf_km55]

Wow, now that's a boat story for the ages. You can't make this stuff up! Note to self: Beware to whom one loans.....anything.

[lestersails]

Originally Posted by surf_km55

Wow, now that's a boat story for the ages. You can't make this stuff up! Note to self: Beware to whom one loans.....anything.

Actually, I think some of this story is very much made up! We just don't know which parts of it...

[goboatingnow]

Originally Posted by ArmyDaveNY

I was curious about that, and did some homework. What I found was interesting. First, if your boat is U.S. flagged, the U.S. Coast Guard can stop you anywhere in the world (I suspect this is the case with many other countries and their flagged vessels, although I don't know that for sure). Next, other countries may stop a U.S. Flagged country IF they have an agreement with the U.S., and in that same agreement the U.S. can stop other flagged vessels covered under that agreement.

Interestingly, the U.S. Coast Guard may stop U.S. and other vessels in the national waters of countries that participate in the above mentioned agreement in many, but not all, situations.

Not having read the details of the agreements, there are fine points that I haven't discussed, however that is the gist of the law. I was rather surprised since I assumed, incorrectly, that once in international waters I was not to be stopped. Oops.

In international waters , friendly countries normally will give other National LEO bodies instant approval to board their flagged boat. All it takes is a sat phone call

[CarinaPDX]

Originally Posted by goboatingnow

In international waters , friendly countries normally will give other National LEO bodies instant approval to board their flagged boat. All it takes is a sat phone call

Yep. When the USCG comes up to a foreign flagged boat and asserts that it wants to board and do an inspection their hope is that you will allow them aboard. The skipper is within his rights to claim sovereignty and deny boarding. In most cases it only takes a few minutes for them to get permission from the flag government, and then they come back - but not always. Some governments actually want to know if there is probable cause to suspect a crime, and will deny random searches. So it may work to not give permission to board, but that is not the way to bet.

Greg

[Icarus]

Originally Posted by gibsonih

In 2020 I gave my mechanic permission to use our yacht so that he could accompany a charter fleet across the Atlantic. Or so he said.

Our yacht was boarded west of the Canaries and a large consignment of drugs were found on board.

He was arrested, and as far as we know our yacht is still impounded in the Canaries.

Quotes to engage a Spanish lawyer were about the same value as the yacht, so we didn't pursue the legal route.

No one has contacted us.

Can anyone offer advice as to how to reclaim our yacht?

Yacht is registered in Croatia. We live in South Africa.

This is utter nonsense
Accompany a charter fleet across the Atlantic?
Quite funny

[seabreez]

Originally Posted by valhalla360

Your best bet now it to not do anything that could be considered remotely illegal or even suspicious for several years.

Good chance they are well aware that you are the owner and may be presuming you are a participant in the smuggling. You don't want to give them any corroborating evidence.

If you are in South Africa, they may simply be laying low waiting for you to show up in the EU where they can get their hands on you without messing about with extradition.

You need a lawyer not only to figure out how to get the boat released but to determine if you are at risk of being arrested and what your best course of action is.

I second the motion here as when there is illegal activity and you are part of the picture... the web get bigger and bigger... the authorities... I am sure they know who owns the boat... tell them who you are... then lay low and keep your nose clean...

[markpierce]

Under some law systems, the accused is guilty unless proven innocent?