[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31143-31144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14220]


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FEDERAL MARITIME COMMISSION

[DOCKET NO. 18-04]


Falcone Global Solutions, LLC v. Maurice Ward Networks, Ltd. d/b/
a Maurice Ward Group; Maurice Ward & Co., BV.; and Maurice Ward & Co. 
S.R.O.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Falcone Global Solutions, LLC, 
hereinafter ``Complainant,'' against Maurice Ward Networks, Ltd. d/b/a 
Maurice Ward Group; Maurice Ward & Co., BV.; and Maurice Ward & Co. 
S.R.O., hereinafter ``Respondents.'' Complainant states that it is a 
licensed non-vessel operating common carrier (NVOCC) operating in 
Atlanta, Georgia. Complainant states that Respondents are foreign 
limited liability companies that ``. . . [provide] global freight 
forwarding, warehousing, logistics, and custom clearance services for 
[their] customers''. Complainant asserts that Maurice Ward & Co. S.R.O. 
is an FMC registered foreign-based unlicensed NVOCC.
    Complainant claims that the Respondents ``. . . [acted] as a common 
carrier as defined in 46 U.S.C. 40102(6).'' Complainant asserts this 
action arises from ``. . . Respondents' unlawful withholding of 87 
containers of Complainant's cargo in an attempt to extort Complainant 
into paying invalid invoices with inaccurate fees and charges that were 
disputed by Complainant.''

[[Page 31144]]

    Complainant specifically alleges that Respondents' actions violated 
the Shipping Act as they:
    a. ``. . . failed to establish, observe and enforce just and 
reasonable regulations and practices related to or connected with 
receiving, handling, storing and delivering [Complainant's] consigned 
cargo, in violation of 46 U.S.C. 41102(c)'';
    b. ``. . . imposed and attempted to collect improper fees and 
charges not contained in a service agreement between the parties or 
published tariff, in violation of 46 U.S.C. 41104(2)'';
    c. ``. . . retaliated against [Complainant] by resorting to unfair 
and unjustly discriminatory methods by withholding release of 87 
containers after Falcone disputed the inaccurate fees and charges on 
Respondents' invoices, in violation of 46 U.S.C. 41104(3)'';
    d. ``. . . engaged in unfair practices with respect to rates or 
charges under its tariff by invoicing [Complainant] for inaccurate and 
double-charged fees, in violation of 46 U.S.C. 41104(4)''; and
    e. ``. . . unreasonably refused to deal or negotiate in good faith 
with [Complainant] in resolving the disputed invoices, and instead 
unlawfully withheld the 87 containers, in violation of 46 U.S.C. 
41104(10).''
    Complainant seeks reparations in the amount of $798,300 and other 
relief. The full text of the complaint can be found in the Commission's 
Electronic Reading Room at www.fmc.gov/18-04/.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by June 27, 2019, and the final decision of 
the Commission shall be issued by December 10, 2019.

Rachel E. Dickon,
Secretary.
[FR Doc. 2018-14220 Filed 7-2-18; 8:45 am]
 BILLING CODE 6731-AA-P