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U.S. Prosecutions of Suspected Pirates Article I, Section 8, Clause 10 of the U.S. Constitution expressly autho- rizes Congress to "define and pun- ish piracies and felonies commit- ted on the high seas, and offenses against the Law of Nations." Piracy is a felony offense codified in U.S. law at 18 U.S.C. §1651, which pro- vides that "whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life." Of the more than 1,000 Somali pirates convicted of, or on trial for, acts of piracy around the world, 28 sus- pected pirates have faced prosecu- tion in the United States for attacks against U.S. vessels and interests. United States v. Muse. The sole surviving pirate from the Maersk Alabama attack in early 2009 was prosecuted in New York. He pled guilty to two felony counts of hijacking maritime vessels, two felony counts of kidnapping, and two felony counts of hostage tak- ing, and was sentenced to 34 years in prison. United States v. Hasan, et al. Five defendants were convicted of the crime of piracy under the law of nations, and other assault and firearms-related charges, as a result of an attack on the USS Nicholas in 2010. The five con- victed pirates were sentenced to life plus 80 years in prison. United States v. Said et al. The six defendants in this case are alleged to be Somali pirates who, on April 10, 2010, mistook the USS Ashland for a merchant ves- sel and attacked the navy ship. One defendant was sentenced by the U.S. District Court for the Eastern District of Virginia to 30 years in prison after he pled guilty to charges of attacking to plun- der a vessel, committing an act of violence against persons on a ves- sel, and the use of a firearm in the commission of a crime of violence. He also pled guilty in the District of Columbia relating to a vessel attack in 2008. The case against the remaining defendants is currently on appeal. United States v. Ali: The defen- dant was arrested at Washington Dulles International Airport and indicted on federal charges, includ- ing conspiracy to commit piracy, piracy under the law of nations, attack to plunder a vessel, and aiding and abetting in the crimes in connection with a 2008 pirate takeover of a Danish merchant ship off the coast of Somalia, and alleged involvement in negotiating a ransom payment. S/V Quest prosecutions. The pirate attack on the S/V Quest resulted in the murder of United States citizens Scott Underwood Adam, Jean Savage Adam, Phyllis Patricia Macay, and Robert Campbell Riggle. "The pirates' greed for tens of thousands in ransom money ultimately led to the cold-blooded murder of the four U.S. hostages off the coast of East Africa. Modern-day pirates are dangerous criminals, the swash-buckling not rogues por- trayed in Hollywood movies, and this latest guilty plea shows that attacks against American vessels will be met with swift justice in an American courtroom," said U.S. Attorney Neil H. MacBride. Eleven defendants have pled guilty and will receive mandatory life sen- tences. Three remaining defen- dants face capital charges and could receive the death penalty if convicted. United States v. Shibin. The defendant is alleged to be the person in Somalia responsible for negotiating the ransom for the four U.S. citizens held hostage on the S/V Quest. He was apprehended in Somalia and transferred to the United States to face charges and was indicted for his role in the attack. This marked the first time that the U.S. government has captured and charged an alleged pirate in a leadership role—a hos- tage negotiator who operated in Somalia. U.S. v. Ibrahim. The defendant was sentenced to 25 years in prison for a violent act of piracy in the Gulf of Aden against a merchant vessel. The defendant pled guilty to con- spiracy to commit piracy under the law of nations and conspiracy to use a firearm during and in relation to a crime of violence. The pirates held the vessel, cargo, and 13 crew members captive off the Somalia coast until a ransom of $1.7 million was paid to the pirates. Information compiled by LCDR John Reardon, the principal legal advisor on piracy issues to the U.S. Coast Guard Director of Prevention Policy. www.uscg.mil/proceedings Spring 2012 Proceedings 67