Stolt-Nielsen’s amnesty has been reinstated and the company’s Chief Executive, Niels G. Stolt-Nielsen, is “pleased” that he doesn’t have to go to jail – a fate suffered by three top brass of the company’s co-conspirators in a 2002 antitrust case. This is the latest (and final?) development in an ongoing case of “he said, she said” involving Stolt-Nielsen, Odfjell Seachem AS of Norway and Netherlands-based Jo Tankers BV.
Originally, Stolt-Nielsen was given amnesty from prosecution for spilling the beans on a price fixing scheme between the three tanker companies and fully cooperating in the Department of Justice’s investigation. Later, “based on evidence from one of the others accused,” the DOJ revoked the amnesty and brought charges against the company. Stolt-Nielsen moved for dismissal, and Judge Bruce W. Kauffman from Pennsylvania agreed, saying:
“The [DOJ's antitrust] division has no reasonable basis upon which to void or revoke the agreement because it has not demonstrated any breach by Stolt-Nielsen or the individual defendants…Accordingly, the indictment will be dismissed.”
Mr. Stolt-Nielsen, obviously relieved, said in a statement, “We are pleased that justice has been served.” Now Stolt-Nielsen is not only the first company to have amnesty revoked by the DOJ, but it’s the first to have it reinstated as well.
As for the Department of Justice, they are fairly unhappy about the decision and plan to review their options. Whether or not they appeal this decision, their intent on hunting down and prosecuting cartels has been duly noted.


