June 21, 2008

Woman Brings Suit Against Carnival Cruise Line Over Rape

According to reports a woman that was drugged and raped on a cruise that left from Miami on February 1st has now filed suit against the Carnival Cruise Line.

It is reported that the woman identified as Morgan Black a mother and piano teacher from Jacksonville who went on the Sixthman Music Cruise on the ship Carnival Victory.

Morgan’s suit claims she was drugged and raped by a fellow passenger the last night of the cruise, which was February 4th.

In her suit that is being presented by her attorneys Charles Lipcon of Miami, a cruise ship litigation attorney and Gloria Allred the attorney from California who has taken part in victims rights cases. The Carnival Cruise Line is being held responsible for neglecting to have security cameras in all of the common areas of the ship.

Lipcon, Morgan’s attorney has a published book that discusses these type of incidences that he states happens often and he estimated that he files approximately one suit a week for victims of cruise ships. [The books is called Unsafe on the High Seas and can be purchased here].

It is reported that the cruise line has made a statement that they would not comment on this case, as they have not seen the suit, however their priority is to keep passengers and the crew safe on their ships. They have security officers who are not in uniform on their cruises and many are retired police officers and other law professionals on board their ships.

This case was filed in the U.S. District Court in Miami on Thursday June 19th as a U.S. Senate subcommittee in Washington D.C. was hearing evidence as to the safety for passengers aboard cruise ships. Among those who testified was Kendall Carver whose daughter disappeared approximately three years ago from a cruise ship and is the president of International Cruise Victims.

While Carver stated he was pleased with the way this committee meeting went, part of the reason that these meetings are necessary are because of what advocates say is a non-existence of government involvement, vague jurisdictions and their corporate policies.

This was the first hearing held to discuss the safety of American passengers on cruise ships although there have been meetings on this issue by House Committee.

by Otto Smyth
cruiseshiplawsuits.blogspot.com

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March 26, 2007

Cruise ship crime 'low priority'

By Kimi Yoshino
Times Staff Writer

The handling of a rape allegation reflects lines' laxness and the FBI's limits, critics say.

After Laurie Dishman reported to Royal Caribbean crew members that she had been raped by a security guard, she recalled, the purser and the head security officer sat on her bed - the alleged crime scene - and suggested that she learn to "control her drinking."

The ship's doctor, she said, handed her two gray garbage bags and told her to "collect the evidence" in her cabin herself. [Learn what our maritime firm recommends you do if you have been raped on a cruise ship].

"In no way while I was on the ship did I feel like they were taking care of what happened," Dishman said in an interview, recounting that night 13 months ago as Royal Caribbean's Vision of the Seas cruised the Pacific en route to Cabo San Lucas, Mexico. "Nothing was professional."

The 36-year-old Sacramento resident - who is suing Royal Caribbean Cruises Ltd., alleging negligence - is expected to be one of the key witnesses Tuesday in Washington before a House subcommittee examining crimes on cruise ships.

Accounts such as hers have put cruise operators and the FBI on the defensive.

Royal Caribbean, which disputes Dishman's contentions, says millions of Americans vacation on cruises without incident each year, giving the industry an enviable safety record. And the FBI, which investigates some crimes involving Americans on cruise ships, cites insufficient evidence or resources as impediments to pursuing certain cases.

But passenger safety advocates, led by the group International Cruise Victims and by Dishman's congresswoman, Rep. Doris Matsui (D-Sacramento), say her case highlights concerns that the $32-billion industry takes a lax approach to crime.

Critics accuse the industry of having downplayed the number of sexual assaults in testimony at a previous congressional hearing. Further, they say that investigations can be shoddy or incomplete and that few crimes aboard cruise ships lead to arrest or prosecution.

"It's a very low priority," Charles Lipcon, a Miami-based maritime attorney who represents plaintiffs in lawsuits against the cruise industry, said of the FBI's approach to cruise crimes. "I call them 'pretend investigations.' They pretend to investigate and nothing happens."

FBI officials declined to comment in detail until after Tuesday's hearing, the first called by the House Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation.

But they reiterated the bureau's commitment to "addressing piracy and serious criminal acts of violence" and working with the cruise industry and other law enforcement agencies to investigate and prosecute crimes.

Representatives of Miami-based Royal Caribbean told The Times that evidence collection in Dishman's case was "inconsistent" with company policy.

They said Royal Caribbean cooperated with the FBI and later terminated the suspect, who told authorities it was a case of consensual sex.

Sex crimes - regardless of where they take place - are difficult to prosecute. Cases often rest on one person's word against the other's. Witnesses are rare.

On cruise ships, alcohol frequently plays a role. In addition, foreign crew members can be difficult to locate for questioning if they are terminated for violating company policies or reach the end of their contracts before inquiries are completed.

Even when cases might have sufficient evidence, the FBI and federal prosecutors are more likely to devote resources to fighting terrorism, bank robberies and political corruption.

"You have limited resources and you put those in your highest priority," said Laurie Levenson, a professor at Loyola Law School in Los Angeles and a former federal prosecutor.

"If you're in California, at the top of the list is going to be immigration, terrorism, political corruption and narcotics... Sometimes there's also the mentality that the victim can sue in civil court. It doesn't leave the victim without remedies," Levenson said.

Lawrence Kaye, an attorney who represents the cruise industry, said the companies "very much" wanted the FBI involved in investigating crimes because employees lack expertise in forensic investigation.

In Dishman's case, a cruise security guard - who she said had harassed her in the ship's bar that night and asked for her cabin number - allegedly forced his way into her room after she answered the door on the first night of the cruise, pushed her back onto her bed and raped her. Dishman said she told him no and tried to push him away.

Dishman said she had five drinks over several hours, including a glass of wine at dinner, but did not believe she was drunk. When she woke up the next morning, her pants were off and she had bruise marks around her neck, she said.

The suspect, who told his employer and law enforcement authorities that the sex was consensual, was fired for violating the company's policy on fraternizing with guests. He continued to do his job for a week after the incident.

Dishman and her attorney say authorities failed to devote sufficient time to investigating her claims.

The FBI interviewed the accused crew member Feb. 26, 2006, the day the ship returned to port in San Pedro. A letter from the bureau to Dishman indicates that the U.S. attorney's office decided not to prosecute the case the same day FBI agents boarded the ship. An FBI spokeswoman in Los Angeles cited insufficient evidence in the case.

The bureau did decide to give the suspect a lie detector test a few days later, but by then he had been fired and sent home to Trinidad and Tobago, according to court records.

Dishman said she met, at her request, with officials at the FBI and the U.S. attorney's office to try to persuade them to file charges. They advised her to write to members of Congress and to pursue civil action against the cruise line.

"I know we have terrorism and we have all these things going on in the world," Dishman said. "But I'm the victim here and I'm an American, and they're telling me there is nothing they can do for me. I don't understand."

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February 19, 2007

Port Elizabeth Woman Tells of Rape Ordeal on Luxury Liner

By Nicky Willemse

A Port Elizabeth woman‘s dream job working on a cruise liner in the Caribbean was transformed into a nightmare experience when she was allegedly raped by a fellow crew member.

And 18 months later, she is still haunted by the experience and waiting for some semblance of justice to be done.

After having been repeatedly fobbed off by the company which had contracted her to work in the liner‘s spa, she now fears the matter has been “swept under the carpet”.

From the outset her case was dealt with with scepticism by both Royal Caribbean Cruises Ltd and Steiner Transocean, which operated the spa on the liner Explorer of the Seas.

Days after reports of the incident came to light, Taryn, 26, (who asked that her surname be withheld) was told by the ship‘s management that, because she had had a few drinks on the night of the attack, her side of the story was “not as believable” as her alleged assailant‘s – and she had “no right to accuse him (of rape)”.

She was then told to get off the ship and sent back to South Africa and to this day the company refuses to tell her if any action was ever taken against her assailant – who hails from East London – saying the matter is “confidential”.

But Taryn‘s story is not unusual and each year thousands of young South Africans apply for jobs on international cruise ships. Cruise Alternatives, one of several SA recruitment agencies specialising in cruise ship jobs, places up to 500 South Africans on luxury ships a year.

However, the jobs are not always as attractive as the recruitment marketing portrays them.

US-based maritime law firm Lipcon Margulies and Alsina, which specialises in cases against cruise lines, says it has obtained a list of sexual assaults from Royal Caribbean amounting to 173 over three-and-a-half years. Of these, not one person has been prosecuted.

Sexual assault on cruise ships is common,” lawyer Charles Lipcon told Weekend Post this week.

He said the fact that the ships were in international waters made it easier for perpetrators to get away with their crime.

“I refer to it as ‘open season on the high seas‘. I believe sexual predators are learning that nothing happens to them, so assaults are increasing.

“In my opinion, they (cruise ships) go out of their way to cover up these crimes to avoid bad publicity or their own liability.”

Taryn, a beauty therapist, worked in the slimming and detox section of the liner‘s spa, while her alleged rapist, a fitness instructor, worked in the ship‘s fitness centre.

“We were friends. The ship community is very close-knit – everyone becomes like family.”

The night of the assault, in August 2005, Taryn was in the crew bar when the fitness instructor laughingly removed from her jeans‘ back pocket the key-card to open her room.

“I got up to go and get it, but he ran away. I didn‘t think much of it – I thought I‘d just spend the night in a friend‘s room.”

But, checking her own room later that night, she saw her door was unlocked. “I thought it was my room mate, but then I saw he was sleeping in my bed.”

She lay down on the bed next to him and fell asleep. “I know I shouldn‘t have walked into the room, but I trusted him because we were like family.”

Speaking through tears, she said: “I woke up in the early hours of the morning . . . he was on top of me. He got aggro when I told him to stop, and I started shouting. I was too scared to move – I just lay there.”

She stayed in her room for the whole of the next day, trying to make sense of what had happened. She even phoned him to talk about it, but he brushed her off. It was only later that night, speaking to her room mate, that she admitted to herself that she had been raped.

After that, she ignored him, but wasn‘t sure how to handle the matter. “I felt scared and guilty.”

A month later, the deep change in her countenance was picked up by her spa manager, who had just returned after a holiday. After some probing questions, she asked Taryn if she had been raped. “I just burst into tears.”

The spa manager encouraged Taryn to report the matter to the ship‘s human resources department. She was then called to a meeting with top management from both the ship and the spa. “They told me there were two stories, his and mine, but his sounded more believable, because I had been drinking.

“I wasn‘t plastered, and I know he had been drinking too. The fact remains that I told him to get out of my room, but he didn‘t.”

She was then given two options: to drop the matter, or take it further, but she was told that would mean the CIA and the FBI getting involved.

Feeling intimidated, she said she did not want “the whole of the US involved”, but she wasn‘t prepared to drop it either. She then agreed to management‘s suggestion that the matter be passed to Steiner Transocean.

The spa manager got in touch with Steiner Transocean‘s head office in Miami, which operates spas on a number of cruise ships – and Taryn was given an hour to leave the ship, which was in dry dock at the time. Before she left, Steiner Transocean agreed to pay for any counselling and medical expenses.

Once back in South Africa, she tried to find out from Steiner Transocean whether any steps had been taken against her attacker, but was told that the matter was confidential.

This was the same response given to Weekend Post this week. “No employee can know whether any action was taken against another employee,” said Steiner Transocean spokesman Bob Boehm. “The allegations were taken very seriously, and we took steps that were deemed appropriate.” He would not provide further details.

The company‘s head of claims and risk management Elizabeth Junco later said the FBI investigated all incidents in international waters.

She said they had conducted interviews with crew members who worked with Taryn and the fitness instructor and “concluded that the allegations could not be substantiated”. She said Taryn was sent home “for her own safety”.

Royal Caribbean did not respond to several emails or phone messages.

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PE woman tells of rape ordeal on luxury liner

By Nicky Willemse
Weekend Post

A PORT Elizabeth woman's dream job working on a cruise liner in the Caribbean was transformed into a nightmare experience when she was allegedly raped by a fellow crew member.

And 18 months later, she is still haunted by the experience and waiting for some semblance of justice to be done.

After having been repeatedly fobbed off by the company which had contracted her to work in the liner's spa, she now fears the matter has been "swept under the carpet".

From the outset her case was dealt with with scepticism by both Royal Caribbean Cruises Ltd and Steiner Transocean, which operated the spa on the liner Explorer of the Seas.

Days after reports of the incident came to light, Taryn, 26, (who asked that her surname be withheld) was told by the ship's management that, because she had had a few drinks on the night of the attack, her side of the story was "not as believable" as her alleged assailant's Ð and she had "no right to accuse him (of rape)".

She was then told to get off the ship and sent back to South Africa and to this day the company refuses to tell her if any action was ever taken against her assailant Ð who hails from East London Ð saying the matter is "confidential".

But Taryn's story is not unusual and each year thousands of young South Africans apply for jobs on international cruise ships. Cruise Alternatives, one of several SA recruitment agencies specialising in cruise ship jobs, places up to 500 South Africans on luxury ships a year.

However, the jobs are not always as attractive as the recruitment marketing portrays them.

US-based maritime law firm Lipcon Margulies and Alsina, which specialises in cases against cruise lines, says it has obtained a list of sexual assaults from Royal Caribbean amounting to 173 over three-and-a-half years. Of these, not one person has been prosecuted.

"Sexual assault on cruise ships is common," lawyer Charles Lipcon told Weekend Post this week.

He said the fact that the ships were in international waters made it easier for perpetrators to get away with their crime.

"I refer to it as 'open season on the high seas'. I believe sexual predators are learning that nothing happens to them, so assaults are increasing.

"In my opinion, they (cruise ships) go out of their way to cover up these crimes to avoid bad publicity or their own liability."

Taryn, a beauty therapist, worked in the slimming and detox section of the liner's spa, while her alleged rapist, a fitness instructor, worked in the ship's fitness centre.

"We were friends. The ship community is very close-knit Ð everyone becomes like family."

The night of the assault, in August 2005, Taryn was in the crew bar when the fitness instructor laughingly removed from her jeans' back pocket the key-card to open her room.

"I got up to go and get it, but he ran away. I didn't think much of it Ð I thought I'd just spend the night in a friend's room."

But, checking her own room later that night, she saw her door was unlocked. "I thought it was my room mate, but then I saw he was sleeping in my bed."

She lay down on the bed next to him and fell asleep. "I know I shouldn't have walked into the room, but I trusted him because we were like family."

Speaking through tears, she said: "I woke up in the early hours of the morning . . . he was on top of me. He got aggro when I told him to stop, and I started shouting. I was too scared to move Ð I just lay there."

She stayed in her room for the whole of the next day, trying to make sense of what had happened. She even phoned him to talk about it, but he brushed her off. It was only later that night, speaking to her room mate, that she admitted to herself that she had been raped.

After that, she ignored him, but wasn't sure how to handle the matter. "I felt scared and guilty."

A month later, the deep change in her countenance was picked up by her spa manager, who had just returned after a holiday. After some probing questions, she asked Taryn if she had been raped. "I just burst into tears."

The spa manager encouraged Taryn to report the matter to the ship's human resources department. She was then called to a meeting with top management from both the ship and the spa. "They told me there were two stories, his and mine, but his sounded more believable, because I had been drinking.

"I wasn't plastered, and I know he had been drinking too. The fact remains that I told him to get out of my room, but he didn't."

She was then given two options: to drop the matter, or take it further, but she was told that would mean the CIA and the FBI getting involved.

Feeling intimidated, she said she did not want "the whole of the US involved", but she wasn't prepared to drop it either. She then agreed to management's suggestion that the matter be passed to Steiner Transocean.

The spa manager got in touch with Steiner Transocean's head office in Miami, which operates spas on a number of cruise ships Ð and Taryn was given an hour to leave the ship, which was in dry dock at the time. Before she left, Steiner Transocean agreed to pay for any counselling and medical expenses.

Once back in South Africa, she tried to find out from Steiner Transocean whether any steps had been taken against her attacker, but was told that the matter was confidential.

This was the same response given to Weekend Post this week. "No employee can know whether any action was taken against another employee," said Steiner Transocean spokesman Bob Boehm. "The allegations were taken very seriously, and we took steps that were deemed appropriate." He would not provide further details.

The company's head of claims and risk management Elizabeth Junco later said the FBI investigated all incidents in international waters.

She said they had conducted interviews with crew members who worked with Taryn and the fitness instructor and "concluded that the allegations could not be substantiated". She said Taryn was sent home "for her own safety".

Royal Caribbean did not respond to several emails or phone messages.

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October 15, 2006

Deam Trips Turn Tragic on Montel Williams

Montel Williams is airing a show on Monday (10/16/063) called Dream Trips Turn Tragic. The show will include an interview with one of our maritime law firm's cruise ship sexual assault clients. The show will also interview familty members of passengers that have disappeared on cruise ships.

We will try to get a copy of the show to post on this blog after it has aired. Check your local listings to see what time Montel Williams is on in your area and watch it on Monday.

Here's the summary on the show about cruise ship vacations turning tragic:

When most people get ready to take their dream vacation, they plan what to pack, what to do and where to go, but they rarely plan on how to stay safe. We’ll meet people who say they were on their dream trips when tragedy struck…and their lives will never be the same. We’ll meet Laurie, who says she was raped on a cruise ship while on vacation. We’ll also meet Melinda and Duane, whose relaxing holiday turned into a terrifying adventure when they were targeted by thieves. They were on vacation driving down the coast in Costa Rica, when they ran into a gang of gun-toting bandits on the highway. They were shot at until they were able to finally find safety in a small town restaurant. We’ll talk to Sue, Ron, and Katie, a family left with many unanswered questions after their son (Katie's brother) Daniel went missing from a cruise ship. Daniel was on his first week-long vacation with his friends when he became sick one night while alone on the ship's deck. He was leaning over the railing of the cruise ship and suddenly fell overboard. Kimberly Dean-Edwards, a legislative board member for International Cruise Victims will also join us to talk about her work with Congress to try and get a bill passed that will hold cruise lines more accountable for crimes and missing person cases at sea. We’ll also meet Sandee and her two children, Ryan and Krysta. While on a family vacation in Florida, Sandee’s then 13-year-old son Ryan, got caught up in rough water in the Gulf of Mexico. Her husband Larry and another man on the beach raced into the water to save him. Ryan managed to get to shore safely but Larry was still caught in the riptide. Sandee arrived at the water’s edge to find beachgoers attempting to drag Larry to safety. Unfortunately, Larry drowned trying to save his son’s life.

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August 30, 2006

Our Client, a Cruise Crime Victim Speaks Out

The Charleston Gazzette published a story covering the cruise ship sexual assault of one of our maritime law firm's clients. Read the article below:


CRUISEV2.jpg
Kimberly Dean Edwards recounts how a fellow passenger sexually assaulted her in 2004. Now, with the help of some West Virginia lawmakers, she and the International Cruise Victims organization are battling for legislation to make cruise lines accountable.

Continue reading "Our Client, a Cruise Crime Victim Speaks Out" »

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Letter from Governor Manchin on Cruise Ship Crimes

Here's another letter received by one of our maritime law firm's cruise ship sexual assault clients.


TIP: Click on the image below for a pop-up view of the letter which is larger. .


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Letter from Congressman Mollohan on Cruise Ship Crime

Some cruise ship rape victims have been very active with lawmakers in getting new legislation passed to better protect cruise passengers from crimes at sea and make cruising safer. Here is one of our client's letters she received from Congressman Mollohan regarding her attack and what he promisses to do regarding cruise ship crime.

TIP: You can click on the letter below to see a larger image (must allow pop-ups).



Lipcon, Margulies & Alsina, P.A. represents this client with respect to her cruise ship sexual assault case. If you would like a confidential consultation regarding a cruise ship crime or sexual assault please contact us.


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January 24, 2006

Free Advice discussion thread recommends LMA

Free Advice.com, a leading legal advice forum, yields discussion thread on crewmember rape and Charles R. Lipcon's experience in handling these types of cases. Here's an excerpt from the discussion thread:

BelizeBreeze
You might consider having her contact the attorneys at the following site as they are very experienced in cruise line liability cases. http://www.lipcon.com/index.shtml
--------------------------------------------------------------------------------
bhughes2621
Thank you everyone. I contacted Charles Lipcon yesterday, and he has been a termendous help. He is now guiding my daughter through this difficult process.

Read the entire thread on Free Advice.

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December 14, 2005

Congress Eyes Cruise Ship Dangers

ABC News brings cruise passenger disappearances to mainstream news. The word is finally getting out that something needs to be done to make cruise ships safer for passengers and crew. Finally a major news station is also catching on to this story bringing into the mainstream.

At LMA we have created a new blog section dedicated to Cruise Passenger Disappearances, as well as a new practice area on our web site dedicated to this area. We will be adding more info to the web site including a listing of people that have gone overboard. Regarding the cruise passenger disappearances blog, check back or sign up for the feed for regular updates on this evolving hot topic. Hopefully within the next year or two we can be dedicating this section to the reforms that the cruise lines will have been forced to make.

Read ABC's story below:

About a dozen people have gone missing on cruises in the last 2 years

Lawmakers are set this morning to investigate the potential dangers to vacationers cruising the high seas.

Two congressional committees will hold a joint hearing focusing on cruise-ship disappearances and crimes. The hearing comes on the heels of another cruise-ship disappearance in recent months, this one aboard Royal Caribbean's Jewel of the Sea, which returned to Florida on Sunday with one less passenger than when it departed.

Source: ABC News

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November 12, 2005

Rape & Sexual Assault on Cruise Ships

Rapes are much more common that you would think on cruise ships. On one news show covering this topic (I think it was A Current Affair), stated that cruise ships are just big parties/ drink-fests which is partly to blame for so many rapes occuring on ships. Things like "ruffies" (a.k.a. the date rape drug) are put into girls drinks to get them wasted, something you wouldn't really think to have to worry about when departing on your dream cruise.

Most people depart with family or friends on their cruise vacation not even giving safety a though. There's a false sense of security when you are on a cruise, you think nothing can happen because the perpetrator would have no where to run. Actually, its really the opposite....crimes aboard cruise ships are hardly, if ever, prosecuted. Lipcon, Margulies & Alsina, P.A. discovered that one cruise line had 173 incidents of sexual assault or rape in a 5 year period, and not a single one resulted in a prosecution.

So the questions that come to mind are:
- What can the cruising industry do to make cruise ships safer?
- What can you do while on board a ship to ensure the safety of yourself, your family and/or your friends?
- When these horrible incidents do happen, how come nothing is done about it?

More information on cruise ship rapes can be found on the following sites:

CruiseRape.com: web site created by a cruise ship rape victim named April. There's her whole story as well as a video of her interview on A Current Affair.

http://www.lipcon.com/news_tv.shtml: several clips from Television shows including A Current Affair, CourtTV, MSNBC, Fox News, the O'Reilley Factor and more

We are interested in hearing all of your comments and experiences, if any, on cruise ship crimes and safety so let us know what you think and if you're going on a cruise STAY SAFE!

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November 10, 2005

Congressional Investigation Ordered on Missing Cruise Passenger George Smith

We all remember hearing about missing cruise passenger George Smith, who went on a cruise for his honeymoon, never to be seen again. George Smith was never found and his family it seems may never know what really happened to him. Finally, last month, Congress ordered an investigation into his disappearance and MSNBC has been airing specials on this as well as on other cruise ship crimes.

View the most recent clip from MSNBC's Scarborough Country, which features maritime attorney Charles R. Lipcon discussing the congressional investigations ordered on missing cruise passenger George Smith.

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August 20, 2005

Charles Lipcon on A Current Affair

Charles Lipcon has been featured on 6 episodes of A Current Affair. The episodes aired between July 16 and August 19, 2005.

The disappearance of cruise passenger George Smith & cruise ship crimes including rape and sexual assaults on cruise ships were covered. Charles Lipcon believes that it's "open season on the high seas" and has his own ideas about what might have happened to George Smith. Lipcon has handled similar cases, so listen to the clips from A Current Affair to learn more.

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