Crowley Maritime Corporation Is 32nd Libertad Act Lawsuit- Plaintiffs Target Use Of ZEDM Port

Jacksonville, Florida-based Crowley Maritime Corporation (2019 revenues approximately US$2.5 billion).  “Crowley, founded in 1892, is a privately-held, U.S.-owned and operated logistics, government, marine and energy solutions company headquartered in Jacksonville, Florida. Services are provided worldwide by four primary business units – Crowley Logistics, Crowley (Government) Solutions, Crowley Shipping and Crowley Fuels.” 

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. CROWLEY MARITIME CORPORATION, Defendant. [3:20-cv-01426]; Middle District Florida 

Murphy & Anderson, P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)

LINK To Complaint (12/20/20)
LINK To Libertad Act Lawsuit Filing Statistics

LINK To Mariel Special Economic Zone

Excerpts:

CUBA’S CONFISCATION OF THE CONFISCATED PROPERTY 46. On September 29, 1960, per Resolution 436, the Cuban Government announced the confiscation without compensation of all assets and rights, whatever their nature, then owned by the Blanco Rosell Siblings and which are herein defined as the Confiscated Property. Such Confiscated Property includes, inter alia, Maritima Mariel, the 70-year Concession, Central San Ramón, Azucarera Mariel, as well as all the “all shares or stock certificates representing capital of the entities listed in the [other] Whereas of [Resolution 436], ” which included, inter alia, the 70-Year Concession and all the lands owned by these entities. See Resolution 436 at 23406. 

The fact of the confiscation of the Blanco Rosell Siblings’ property in Cuba was so well known that, on April 18, 2019, the day after the Trump Administration announced that it would allow Helms-Burton Act lawsuits under Title III to go forward, stories published on both Radio Marti and TV Marti identified Plaintiff’s claims to the Mariel Special Development Zone as one of the top 10 potential Helms-Burton Claims: The Mariel Special Development Zone, the star Cuban project to attract investment, was built on nationalized land where the Carranza-Bernal, Carbonell-González and Blanco-Rosell families owned sugar and hemp processing plants.1 

THE CUBAN GOVERNMENT INCORPORATED THE CONFISCATED PROPERTY INTO THE ZONA ESPECIAL DE DESAROLLO MARIEL (“ZEDM”) (a/k/a MARIEL SPECIAL ECONOMIC ZONE) 54. The Zona Especial de Desarollo Mariel (“ZEDM”) (a/k/a Mariel Special Economic Zone) is an agency or instrumentality of the Cuban Government.  Created by statute, the ZEDM is a special economic zone in Cuba with its own legal structure.  55. As stated above, the ZEDM has been referred to in the media as “the star Cuban project to attract investment.” See supra, ¶ 51. Starting in or around 2009, the Government of Cuba and various non-Cuban corporate partners rebuilt the Port of Mariel and constructed a container terminal in the ZEDM.  58. The ZEDM’s container terminal subsumes the Blanco Rosell Siblings’ 70-Year Concession rights, pursuant to which they possessed the right, among other things, “to plan, study, execute, maintain, and exploit public docks and warehouses in the Bay of Mariel, province of Pinar del Rio, and the construction of new buildings and works…” See Decree 2367 at 13865. 

CROWLEY’S TRAFFICKING 63. For several years, Crowley has trafficked in the Confiscated Property, by purposefully directing container ships from the port of Jacksonville, Florida to Mariel, Cuba, either directly or by causing, directing, participating in, or profiting from trafficking by or through another person. When in Mariel, the container ships dock at, and/or otherwise use, benefit, and profit from the container terminal in the ZEDM including the ZEDM’s ports, docks, warehouses, and facilities. Crowley also engages in commercial activities using or otherwise benefitting from the ZEDM and Plaintiff’s Confiscated Property.  64. According to one of Crowley’s Cuba-related business websites: Crowley is the only U.S. company that has provided efficient, dependable liner shipping service from the U.S. directly to Cuba since 2001. …. With our partner in Cuba, we offer assistance with Customs clearance and timely delivery to the doors of destinations across Cuba. 

Crowley is therefore trafficking in Plaintiff’s Confiscated Property and benefits or profits from the trafficking of the ZEDM and/or the trafficking of others in Plaintiff’s Confiscated Property.  67. On August 27, 2020, Plaintiff, through counsel, sent Crowley a letter (“Notice Letter”) pursuant to 22 U.S.C. § 6082(a)(3)(D) notifying Crowley that Crowley is trafficking in confiscated property as defined in the Helms-Burton Act, the claims to which are owned by Plaintiff, without the authorization of Plaintiff.  On September 28, 2020, a process server delivered the Notice Letter to Crowley.  68. In an email dated September 18, 2020, Crowley’s counsel acknowledged receipt of Plaintiff’s Notice Letter and requested an introductory call with Plaintiff’s counsel.

Even after Defendant Crowley received Plaintiff’s Notice Letter, giving Crowley actual notice of Plaintiff’s claims, Defendant Crowley continued to traffic in the Confiscated Property.  70. On or about December 3, 2020, the ship TUCANA J, International Marine Organization (“IMO”) number 9355472, navigated from the Port of Jacksonville to the Bay of Mariel arriving on or about December 5, 2020 for the benefit and/or profit of Crowley.