November 1, 2009
Reporting with Capt. Tom Serio
U.S. marshals arrested two yachts in the Ft. Lauderdale International Boat Show yesterday, leaving crew, brokers, businesses and trade associations embarassed and regretful.
The megayachts – the 120-foot M/Y Lady Broward and the 106-foot M/Y Soulmate, both Browards – were on display inside the face dock at Pier 66 with brokers Woods & Associates.
Marshals boarded the vessels at 6 a.m., asked the crew to leave, and arrested the yachts, meaning they cannot be boarded until the judgment is paid.
At issue are unpaid bills at Derecktor Shipyards, said Ken Imondi, the yard’s vice president of refit and repair.
“Derecktor and two other vendors are owed funds for work performed,” Imondi said. “Our attorneys filed on Friday and asked that the seizure occur on Monday, at the end of the show, so the yachts don’t leave the area.”
Instead, marshals arrested the vessels yesterday.
“We couldn’t stop it,” Imondi said. “We didn’t even know it was going to occur.”
Neither did Broward Marine or Woods & Associates.
Fleet Capt. Peter Dery said the marshals were offered several forms of payment to prevent the arrest, all of which they declined. They would only accept a cashier’s check, unobtainable on a Saturday.
“They [Derecktor] are the only ones that could have changed it,” Dery said. “They could have accepted one of the alternate payments we offered.”
“The only thing to say is that the timing is a little odd, on a Saturday during the boat show. It’s not our fault but this looks very poorly on us, poorly on the yacht’s charter reputation. I had clients coming to see the boats today.”
Peter Woods of Woods & Associates said the debt would be paid Monday morning.
“I can’t make any sense of it at all,” Dery said. “It was extremely bad form and extremely hurtful.
“We’ll pay Monday morning, the boats will be unstickered and we’ll move on, just without them.”
Neither officials from the U.S. Marshals Service nor National Maritime Services could be reached for comment on Saturday.
Officials with two industry trade groups did not want to discuss the seizure, though they all expressed the same sentiment of regret that the arrest happened during FLIBS.
“This is the kind of stuff that’s harmful to the industry,” Dery said.
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Arrested Vessels
Some facts about this article need to be straightened out.
The U.S. Marshals can not accept payment to prevent the arrest of these vessels . Only the court system and a judge can release the vessels after payment is made or a bond is posted.Once the arrest are made the complainant (Derecktors) can not release the vessel only the courts.
Derecktors could not accept an alternate payment as Peter Dery states, (he must be referring to the 3 expensive wrist watches his owner offered as collateral in lieu of payment.) only the courts can accept payment. Plus a cashier's check was obtainable on Saturday the banks were open, but even this check would have to go through the court system.
To say this looks poorly is correct. Not paying ones bill looks very poorly. Try not paying your bill at the local garage. Peter Dery was aware for a very long time that these invoice we past due, dating back to July. What is it he can't make sense? That when work is performed on his vessel he has to pay the bill?Several phone calls and many conversation were made by the complainant (Derecktor) trying to receive payment. The complainant was told the owner of the vessel was not paying anyone.
Peter Dery is quoted as saying "This kind is the kind of stuff that's harmful to the industry" He is correct, ...having repairs accomplished, requesting dockage because he was asked to leave Broward and then when asked about payment prior to departure tells the shipyard not to worry, this is VERY harmful to the industry.
Derecktor's did not intend for this to happen on Saturday that's up to the U.S. Marshals. Unfortunately to people who were hurt the most are the crew members. They had to find other living conditions. They need to look to their owner and captain for the answer.
U.S. Marshals
..."I can’t make any sense of it at all,” ... “It was extremely bad form and extremely hurtful."...
With all due respect, by the time the U.S. Marshals have been called upon to arrest a boat for unpaid bills, it already will have been made abundantly clear to the owner of the vessel that such payment is due and has remained unpaid for some time. To express surprise or to claim it was hurtful is disingenuous.
Please notice in the above article that no one disputed the outstanding debt, and that they were ready to pay it immediately. Yes times are tough now for everyone, but it is the hardworking members of the marine industry who are truly hurt when yacht owners attempt to run out on the bill.