Ruling In White Marlin Open Case Not Expected Till Fall 2017

Ruling In White Marlin Open Case Not Expected Till Fall 2017
white marlin open

OCEAN CITY — After several recent changes in the federal suit involving the alleged winning white marlin in the 2016 White Marlin Open, it is now apparent the case will not be resolved until well after the 2017 event.

In late August, White Marlin Open (WMO) officials announced a potential rules violation could disqualify the winner in the white marlin division, a 76.5-pounder caught by angler Phillip Heasley on the Kallianassa out of Naples, Fla. Heasley’s 76.5-pound white marlin turned out to be the only qualifier in the division during the tournament and was awarded a tournament-record $2.8 million in prize money because the Kallianassa was entered across the board in all added entry levels.

However, about two weeks after the 2016 tournament, WMO officials announced there appeared to be potential rules violations involved regarding the timing of the catch and that Heasley and three other individuals on the Kallianassa including the captain and two mates were deceptive on their answers to some of the questions during the requisite post-tournament polygraph examinations for the winners in major categories. In August, WMO officials through their attorneys filed a Complaint for Interpleader in Worcester County Circuit Court, essentially asking a judge to intercede and decide first if there were rules violations committed by Heasley and the Kallianassa crew, and secondly, if there were violations, how best should the $2.8 million in prize money be distributed to the winners in other categories.

In September, Heasley and the Kallianassa filed a motion to move the case from Worcester County Circuit Court to U.S. District Court, citing jurisdictional issues. Heasley is a Florida resident and argued in the motion the case should more appropriately be heard in federal court. In addition, Heasley argued in the September filing the parties in the case should be realigned. In the initial filing in August, the White Marlin Open was listed as the sole plaintiff in the case, while Heasley and the 13 other winners in other categories who stand to earn a share of the potentially redistributed winnings were listed as defendants.

Heasley argued the WMO should be listed as the plaintiff, along with the 13 other division winners who stand to earn a share of his $2.8 million prize, and Heasley and the Kallianassa should be listed as the lone defendants. After a hearing last week, U.S. District Court Judge Richard Bennett agreed and the case is now captioned “White Marlin Open Inc. et al v. Philip G. Heasley.”  Additionally, Heasley sought in a motion to “strike all references to polygraphs from the Complaint.” That motion was rejected.

In an official order, the federal judge denied a motion by the second-place tuna winner to remand the case back to Worcester County Circuit Court, effectively keeping it in U.S. District Court. The same ruling also ordered the WMO to deposit the $2.8 million in question into the U.S. District Court Registry until the case is resolved, which now appears at least 10 months away.

In a separate order issued on Wednesday, the federal judge outlined the proposed scheduling order including deadlines for disclosure and pre-trial motions. Included in the most recent order is a single line that illustrates just how long the case will take to sort out.

“The court will set a trial date at its convenience, but trial will start no earlier than Sept. 18, 2017,” the order reads, which is over a month after 2017 WMO.

Boiled down to its simplest terms, the Interpleader asserts Heasley, Captain David Morris and mates Kyle Bohannon and Joseph Hagen, the only four people on the Kallianassa on Aug. 9 when the winning white was caught, each failed the requisite polygraph tests after administrators determined they were deceptive in their answers to some questions regarding the time of the catch. Per tournament rules, any place-winner with prize money of $50,000 or more is required to submit to polygraph examinations on the Saturday after the tournament has concluded.

More specifically, the Interpleader asserts the time of the catch of the winning 76.5-pound white marlin on Aug. 9 was altered on the official catch report submitted at the scale that afternoon. The official catch report appears to show an initial time of 8:15 a.m. was entered, but then altered to 9:05 a.m. Per tournament rules, which are clearly posted and carefully reviewed during the pre-tournament captain’s meeting, participating boats cannot put lines in the water before 8:30 a.m.

The long and short of it is, a federal judge will now decide whether there were rules violations committed by the Kallianassa and if those violations merit disqualification. If so, the record $2.8 million in prize money would be distributed to the other named defendants in the case, which include the winners in several other categories, but that decision will come long after a new round of winners next August.

About The Author: Shawn Soper

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Shawn Soper has been with The Dispatch since 2000. He began as a staff writer covering various local government beats and general stories. His current positions include managing editor and sports editor. Growing up in Baltimore before moving to Ocean City full time three decades ago, Soper graduated from Loch Raven High School in 1981 and from Towson University in 1985 with degrees in mass communications with a journalism concentration and history.