Labrador Sea Products Incorporated v. Northern Auk (Ship)

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

In this matter the Defendants had apparently removed fishing gear and other equipment from a vessel that was under arrest. The Court found the Defendants guilty of contempt, fined them $5,000 each and ordered that they pay costs fixed at $15,000. The Court noted that the requirements for contempt are: 1. the party alleging contempt has the burden of proving it; 2. the elements must be proved beyond a reasonable doubt; 3. what must be established is knowledge of the existence of the Order and knowing disobedience; and 4. mens rea or good faith is relevant only as to mitigation.